theintercept.com

Jordan Smith

April 16, 2016

“To many in the criminal justice system, it is now a source of embarrassment that there was ever a time when police and prosecutors were convinced that bands of Satanists had infiltrated the nation’s day care centers in order to abuse young children. Yet in the (Fran and Dan Keller case), which I investigated for the Austin Chronicle back in 2009, I was startled to hear both a veteran cop and a prosecutor say they still believed in even the most absurd of the children’s allegations….

– From “Convicted of a Crime That Never Happened: Why Won’t Texas Exonerate Fran and Dan Keller?” by Jordan Smith at the Intercept (April 8)

Feb. 27, 2013

“The difficulties in debunking blatant antireality are legion. You can make up any old nonsense and state it in a few seconds, but it takes much longer to show why it’s wrong and how things really are.

“This is coupled with how sticky bunk can be. Once uttered, it’s out there, bootstrapping its own reality, getting repeated by the usual suspects….”

– From “Debunking the Denial: ‘16 Years of No Global Warming’” by Phil Plait at Slate.com

Jan. 8, 2014

“Among the atrocities that Frances and Dan Keller were supposed to have committed while running a day care center out of their Texas home: drowning and dismembering babies in front of the children; killing dogs and cats in front of the children; transporting the children to Mexico to be sexually abused by soldiers in the Mexican army; dressing as pumpkins and shooting children in the arms and legs; putting the children into a pool with sharks that ate babies; putting blood in the children’s Kool-Aid; cutting the arm or a finger off a gorilla at a local park; and exhuming bodies at a cemetery, forcing children to carry the bones.

“It was frankly unbelievable – except that people, most importantly, a Texas jury, did believe the Kellers had committed at least some of these acts. In 1992, the Kellers were convicted of aggravated sexual assault on a child and each sentenced to 48 years in prison….

“(Today) after multiple appeal efforts and 21 years in prison, the Kellers are finally free….

“The doctor who provided the only physical evidence that any sexual assault had taken place recanted his testimony. Travis County District Attorney Rosemary Lehmberg agreed that their conviction should be overturned, allowing the Kellers to be released while their appeals move through the courts….

“Their release may also finally mark the end to one of the strangest, widest-reaching, and most damaging moral panics in America’s history.”

– From “The Real Victims of Satanic Ritual Abuse” by Linda Rodriguez McRobbie at Slate.com

What a day-brightener – spotting McRobbie’s thorough tracking of the Fran and Dan case atop Slate magazine’s home page.

Yes, miracles do happen – a Texas doctor recanting his testimony, and a DA agreeing the convictions should be overturned.

But as long as Junior Chandler remains imprisoned in North Carolina, it’s way too soon to “finally mark the end” to the ritual abuse panic.

Jan. 31, 2012

Expert vouching.

That odd little legalism is the crucial issue in Junior Chandler’s latest – and perhaps last – shot at justice. Durham attorney Mark Montgomery has just filed an appeal on Junior’s behalf in the N.C. Supreme Court.

In Junior’s 1987 trial in Buncombe County, the prosecution ran out no fewer than six expert witnesses, including three pediatricians.

Each expert testified that Junior’s alleged victims had in fact been sexually abused “as they described” – but none could cite definitive physical evidence on which they based their validation.

In the years since, higher courts have seen the reversible error of those ways. Expert vouching is now inadmissible in the absence of physical evidence “diagnostic of” – not just “consistent with” – sexual abuse.

The case against Junior was weak and weird on all fronts. No credible eyewitnesses or physical evidence. No storyline that made a lick of sense. (Although prosecutor Bill Hart must have liked the kidnapping-and-boat-ride scenario – he called on it again four years later in the Little Rascals trial.)

Only four children testified against Junior, accounting for less than 2 percent of the 1,407-page trial transcript. Some claimed to have been abused by… Pinocchio. And jurors never heard from those children on Junior’s bus who denied seeing abuse.

Just how important was expert vouching in imposing Junior’s two consecutive life sentences?

On all charges supported by expert vouching the jury found him guilty. On all charges not supported by expert vouching it found him not guilty.