Dec. 16, 2015

On this day 25 years ago: Bonds for Little Rascals employees Robin Byrum and Dawn Wilson are reduced to a still excessive $200,000 – Byrum’s from $500,000, Wilson’s from $880,000.

Byrum will be released four days later, Wilson not for eight weeks.

Because she went to trial and the jury returned a guilty verdict (eventually overturned), Wilson’s story is much better known.

But Byrum suffered her own coercive torture at the hands of prosecutors before charges were dropped in 1996.

Nineteen years old when she was arrested in January 1990, she spent almost a year in jail, leaving her 7-month-old baby in the care of her husband. Had she agreed to testify against Bob Kelly, she could have walked out a free woman – and mother.

In “Innocence Lost: The Plea” (1997), Byrum explained why she had been tempted by but repeatedly refused the prosecutors’ deal:

“…. I would not ever have to be separated from my child again. But then I’d have to live with the rest of my life that I (said I) did something when I didn’t do it.”

Feb. 24, 2014

Why would Dr. Richard Kluft “take exception to” and “(raise) the issue of legal liability” over “When Psychiatry Battled the Devil”?

It’s not as if the record of Kluft’s involvement in promoting “satanic ritual abuse” and “multiple personality disorder” could be any longer or better-documented.

And it’s certainly not as if he has ever acknowledged the error of his ways.

In this exchange from a 2009 interview on CBS “Sunday Morning” he confidently posits a nationwide epidemic of undiagnosed cases of MPD:

Tracy Smith: So do you think that there are, what, thousands of people walking around out there with MPD who don`t even know it?

Kluft: Oh, easily.

Smith: Tens of thousands?

Kluft: Easily.

Smith: Hundreds of thousands?

Kluft: Easily.

Smith: Millions?

Kluft: We might be at that level.

Passing off such fantasy as expertise would be knee-slappingly funny, of course, had it not typified the thinking that fostered scores of wrongful prosecutions and ruined thousands of lives….

I remain baffled – what exactly has Richard Kluft done to deserve such obeisance from Psychiatric Times?

July 11, 2016

“This week Harvard Law School’s Fair Punishment Project issued a report detailing the legacies of five of the nation’s deadliest prosecutors, and (Joe Freeman) Britt was among them. The report highlights what it calls ‘personality-driven capital sentencing,’ which leads overzealous prosecutors with a flair for courtroom theatrics and a desire for personal fame to pursue death sentences at disproportionate rates….

“This personality-driven system means that a death sentence often says less about the severity of the defendant’s crime, than it does about the prosecutor’s enthusiasm and courtroom skills. Personality-driven prosecutions can also lead to wrongful convictions, when prosecutors making winning cases a higher priority than seeking justice….

“Britt often cut corners to win. Appellate courts found that Britt committed misconduct in 14 of his capital cases, the new report shows. His offenses included hiding evidence that might have proven defendants innocent and making inflammatory and improper statements to jurors….

“When they were exonerated by incontrovertible DNA evidence, Britt did not even have the heart to admit his mistake. Instead, he continued to loudly proclaim their guilt….”

– From “NC ‘deadliest prosecutor’ valued winning over justice, new report shows” by Kristin Collins at NC Coalition for Alternatives to the Death Penalty (June 30)

I shudder to speculate what might have happened in Edenton had North Carolina sanctioned capital punishment for child sex abuse. The Little Rascals prosecutors, most strikingly Nancy Lamb,  bore many of the “personality-driven” characteristics seen in a Joe Freeman Britt:

• “A flair for courtroom theatrics and a desire for personal fame”? Check.
• “Hiding evidence that might have proven defendants innocent”? Check.
• “Inflammatory and improper statements to jurors”? Check.
• “Continued to loudly proclaim their guilt”? Check…..

July 11, 2012

“And what did Doctor (Mark) Everson say what to look for? A coherent package that’s consistent. You look at the behavior and what the child says…. He talked about sexual acting out, coaxing sexual behavior, masturbation, fears, and anxieties. New fears that come up that aren’t developmentally appropriate for a child that age, such as a fear of men or a particular man, changes in their personality caused by stress like regressive behavior, bed wetting, clinginess, thumb sucking.

“And as I name these, I hope that you are sitting there remembering how many of these children so far have had these kinds of behaviors.”

– From prosecutor Nancy Lamb’s closing argument in the trial of Bob Kelly

“… What could be expected for ritually abused children? That vexing question prompted everyone involved in the McMartin Preschool case to look for symptoms, and in their urgency, to mistake normal developmentally-based behaviors, quirky idiosyncrasies and even the iatrogenic effects of intimidating interviews for sequelae of ritual abuse. In this nascent moral panic, the widely circulated ‘symptom lists‘ transformed messy subjectivity into embodied and interpretable texts….”

– From “The Day Care Ritual Abuse Moral Panic” by Mary DeYoung (2004)

To day-care ritual-abuse prosecutors, what Nancy Lamb called “these kinds of behaviors” embraced everything from bed-wetting to hyperactivity to eating disorders. No dot went unconnected.

Contrary to such handy lists, however, numerous studies have found no “coherent package” of symptoms of child sexual abuse.