June 27, 2012

“When well-intentioned but misguided individuals use questioning techniques known to increase the risk of false allegations of sexual abuse, a cascade of unfortunate events can follow.

“Consequences of corruptive interview techniques include the risk of innocent individuals being falsely accused as well as abused children not being believed.”

– From “Forensic Issues in Child Sexual Abuse Allegations” by Charles L. Scott, M.D., in Psychiatric Times (December 1, 2008)

Scott points out a seldom-mentioned but potentially tragic after-effect of the day-care ritual-abuse mania: A loss of credibility for children who actually have been sexually abused. The clouds labeled “McMartin” and “Little Rascals” now hang over every such prosecution.

theintercept.com

The Intercept article

April 25, 2016

“Prosecutors wield extraordinary, unparalleled, and unchecked power. ‘They alone decide who to prosecute for criminal offenses, what charges to bring against them, and what punishments to seek,’ as the National Registry (of Wrongful Convictions) says. ‘In practice, that power extends to convicted defendants as well. If a sitting prosecutor asks the appropriate court to vacate the judgment and dismiss the charges against a defendant … it will happen.’

“But this requires political will. And too often, the will is not there. As (Keith Hampton, attorney for Fran and Dan Keller) notes, convincing a prosecutor that an injustice has happened can be a tough pull: ‘Unless you have DNA – unless you get the DA completely cornered – there are no profiles in courage out there,’ he says.

“Still, the number of exonerations in cases where no crime was actually committed are on the rise – so at least in some jurisdictions, individuals aren’t forever left in the kind of limbo in which the Kellers find themselves. The National Registry includes 540 exonerations in no-crime cases, including 51 exonerations in child sex abuse ‘hysteria’ cases (including Bob Kelly and Dawn Wilson)….”

– 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)

Jan. 11, 2012

“It’s worth remembering, in the 1980s we had a whole spate of false accusations of… sexual abuse of children. The McMartin Preschool, all those supposed satanic cults in day care centers, turned out to be false…. It’s worth it to remind people of that.”

– Legal analyst Jeffrey Toobin, interviewed on CNN (Nov. 15) about the Penn State case

In fact, deep distinctions separate Penn State and the “multi-victim, multi-offender” – MVMO, in the sex-crime argot – accusations typified by McMartin and Little Rascals.

Since 1995, Ontario Consultants on Religious Tolerance has investigated 40 alleged MVMOs at 24 locations around the world. Number of substantiated instances of ritual abuse: zero.

According to its research, “Any criminal acts were non-ritual abuse by a single perpetrator… Almost all the crimes with which people were charged never happened.”

Regardless, Toobin’s reminder is a welcome counterpoint to the Judge Nancy Grace school of instant verdicts.

July 29, 2013

“Scientists at the Massachusetts Institute of Technology have developed the ability to implant mice with false memories. The memories can be easily induced and are just as strong as real memories, physiological proof of something psychologists and lawyers have known for years.

“The findings are a serious matter. According to the Innocence Project, eyewitness testimony played a role in 75 percent of guilty verdicts eventually overturned by DNA testing after people spent years in prison. Some prisoners may even have been executed due to false eyewitness testimony. It was not because the witnesses were lying. They were just wrong, said Susumu Tonegawa, a molecular biologist and the lead author in the MIT study.

“In the longest criminal trial in American history, the McMartin family, who operated a preschool in California, was charged with multiple incidents of child abuse. After seven years and $15 million in prosecution expenses, some charges were dropped and the defendants were acquitted of others when it became clear some of the accusations were based on false memories, some possibly planted by childrens’ therapists.”

– From “Scientists Produce False Memories In Mice” by Joel N. Shurkin, Inside Science News Service (July 25, 2013)

The same day’s Guardian of London adds this response from Chris French, head of the Anomalistic Psychology Research Unit at Goldsmiths, University of London:

“Memory… is a reconstructive process which involves building a specific memory from fragments of real memory traces of the original event but also possibly including information from other sources.”

“Information from other sources” – that is, from prosecution therapists – was what contaminated the memories of child witnesses in cases such as McMartin and Little Rascals.