Dec. 16, 2011

Alan Rubenstein, who as district attorney refused to prosecute the Breezy Point case, is now a Bucks County Court judge.

Unlike H.P. Williams Jr., who was D.A. during the Little Rascals case, Rubenstein speaks freely about how he addressed claims of ritual abuse in a local day care.

“There was no more ambitious D.A. than me,” he recalls. “I reveled in the limelight….

“When we first got the allegations, I said to myself, ‘Satanic ritual abuse – I’ll be on the cover of Time magazine! I’ll prosecute it personally. I’ll get these bastards and put them away for life.”

But it didn’t take long for him to reverse course.

“Breezy Point was around the corner from me.  My own son had gone there. I just couldn’t see Doug Wiik in (prison) stripes… The more I thought about it, the more obvious it became that nothing had happened there…

“I put our two best county detectives on the case, and I rode them like the Pony Express.”

The resulting 60-plus-page “Investigation into Breezy Point Day School” is a model of lucid, understated logic that blows to smithereens any notion of wrongdoing:

“We have determined that the allegations are unfounded and without merit…. No credible evidence exists to support them. In stark contrast, the evidence produced during the past 11 months indicates facts in direct, clear conflict with the charges leveled by the parents on behalf of their minor children.”

Here are three excerpts that convey the reach of the investigation:

• “In the opinion of this caseworker, ‘The child clearly exhibited the inability to distinguish what was true and what was not true.’ ”

Such insights seem to have been beyond the skills or preconceptions of caseworkers in Edenton.

• “The parents, when confronted with the clear discrepancy between the child’s description of the room and its actual physical layout, have contended that the owners of Breezy Point remodeled the room, removed the fireplace, put up plasterboard and added additional windows so as to change the character of this area to avoid detection. No evidence of remodeling was uncovered during this investigation.”

Passages such as this would be hilariously deadpan, were the subject not so weighty.

• “Bucks County detectives, acting upon (claims that the children were secretly transported to the Royce Hotel), traced all records from the teacher’s family credit cards, including American Express, MasterCard and Visa, to determine if any of these individuals charged rooms or lodging at the hotel. Ledger and registration books were also examined…. A check of these records proved entirely negative.”

In Bucks County no allegation was too bizarre to investigate. In Edenton no allegation was too bizarre to presume true.

Dec. 17, 2012

“(They) are arrogant and self-centered, and feel privileged and entitled. They have a grandiose, exaggerated sense of self-importance and they are primarily motivated by self-serving goals. They seek power over others and will manipulate, exploit, deceive, con, or otherwise take advantage of others, in order to inflict harm or to achieve their goals. They are callous and have little empathy for others needs or feelings unless they coincide with their own. They show disregard for the rights, property, or safety of others and experience little or no remorse or guilt if they cause any harm or injury to others. They may act aggressively or sadistically toward others in pursuit of their personal agendas and appear to derive pleasure or satisfaction from humiliating, demeaning, dominating, or hurting others….”

The passage above, from the Diagnostic and Statistical Manual of Mental Disorders best describes

A. Psychopaths

B. Prosecutors of ritual-abuse day-care cases

C. Both A and B

Feb. 3, 2016

“A new survey finds that adults at school, day care and organizations such as churches and scouting groups are less likely than relatives to abuse or mistreat children.

“In general, organizations that serve young people ‘do not look like particularly risky environments,’ said study co-author David Finkelhor, director of the University of New Hampshire’s Crimes Against Children Research Center. This contradicts perceptions by some people who ‘think these are magnets for molesters,’ he said.”

– From “Child Abuse at Daycare, Youth Groups Rarer Than Thought: Survey” by Randy Dotinga in the Northwest Indiana Times (Feb. 2)

Surprising to see Dr. Finkelhor dismiss the notion of day cares as “magnets for molesters,” given that his own overwrought “Nursery Crimes: Sexual Abuse in Day Care” (1988) was an influential text in spreading the moral panic.

How did he determine back then whether sexual abuse had actually occurred? “If at least one of the local investigating agencies had decided that abuse had occurred and that it had happened while the child was at a day-care facility….then we considered the case substantiated.” In other words, one supposed “red flag” sighting from Brenda Toppin was certification enough.

As recently as 2012, when I queried Dr. Finkelhor about his beliefs past and present,  he denied being “an authority on the validity of claims” that he had laid out with such credulity in “Nursery Crimes.”

Aug. 24, 2015

“(Richard) Beck is generally restrained in his narrative, letting the details pile up to a well-deserved indictment of the many players in the ‘moral panic.’ But in explaining how these fever dreams managed to seize the national imagination, he does a little witch-hunting of his own. The frenzy, he tells us, was a backlash by family-values conservatives to the social changes around them. It was a period of ‘an intense reactionary antifeminism.’

“This is an inexcusably partial interpretation. From Beck’s own evidence, feminists themselves were vital players in the hysteria. Gloria Steinem donated money to the McMartin investigation, and Ms. Magazine ran a 1993 cover article ‘BELIEVE IT! Cult Ritual Abuse Exists,’ even though, by that time, the general public had grown increasingly skeptical of the idea.

“In part because of her aggressive pursuit of child abusers – and conviction of a number of people later exonerated – a relatively unknown Dade County state attorney named Janet Reno was picked by President Clinton to become the nation’s first female attorney general. According to Debbie Nathan and Michael Snedeker, the authors of ‘Satan’s Silence,’ (Kee) MacFarlane had been a lobbyist for NOW before she set about terrifying the children of Manhattan Beach.

“With his partisan recounting of the child abuse panic of the 1980s, Beck turns what could have been a careful history about one facet of the nation’s exhausting culture wars into one more illustration of them.”

– From “ ‘We Believe the Children,’ by Richard Beck” by Kay Hymowitz in the New York Times Sunday Book Review (Aug. 21, 2015)

I’m posting this criticism of Beck’s book – from an otherwise laudatory review – mostly for archival purposes. My own interest lies less in the tangled roots of the day-care panic than in its results: defendants wrongfully incarcerated, children profoundly misguided and therapists and prosecutors unjustly unscathed.