April 14, 2017

“In wrongful convictions, the jury at some point was misled, either by false testimony or bad evidence. It’s the unspoken piece that the jurors – the public – are the ones who are ultimately used to convict someone unjustly because they were misled.

“When you’re selected, you’re officially deputized to be part of the system, and the jury can’t take the nonchalant position of ‘The professionals know what they’re doing, we’re just here.’ No, you’re a key part of this. You have to think about it, and if you don’t ask, if you don’t speak up if there’s a doubt, someone’s life could be ruined.”

–  Francisco Carrillo Jr., quoted in “Wrongful-convictions database moves to UC Irvine” in the Los Angeles Times (April 14)

Carrillo spent 20 years in prison for a fatal drive-by shooting in Los Angeles County, Calif. His conviction was overturned in 2011.

Gullibility was only one of the problems corrupting the decision-making of Bob Kelly’s jurors.

Aug. 24, 2014

“The following dialogue is from Daniel Goleman’s article ‘Studies Reflect Suggestibility of Very Young as Witnesses,’ in the New York Times (June 11, 1993). It is an excerpt from 11 interviews of a four-year-old boy, who each week was told falsely: ‘You went to the hospital because your finger got caught in a mousetrap. Did this ever happen to you?’

“First Interview: ‘No. I’ve never been to the hospital.’

“Second Interview: ‘Yes. I cried.’

“Third Interview: ‘Yes. My mom went to the hospital with me.’

“Fourth Interview: ‘Yes. I remember. It felt like a cut.’

“Fifth Interview: ‘Yes.’ (Pointing to index finger….)

“Eleventh Interview: ‘Uh huh. My daddy, mommy, and my brother (took me to the hospital) in our van…. The hospital gave me . . . a little bandage, and it was right here’ (pointing to index finger).

“The interviewer then asked: ‘How did it happen?’

“ ‘I was looking and then I didn’t see what I was doing and it (finger) got in there somehow…. The mousetrap was in our house because there’s a mouse in our house…. The mousetrap is down in the basement next to the firewood…. I was playing a game called “Operation” and then I went downstairs and said to Dad, “I want to eat lunch” and then it got stuck in the mousetrap…. My daddy was down in the basement collecting firewood…. (My brother) pushed me into the mousetrap…. It happened yesterday. The mouse was in my house yesterday. I caught my finger in it yesterday. I went to the hospital yesterday.’ “

– From “Case Study of Implanted Memory” by Martin Gardner in Skeptical Inquirer (Fall 1994)

Does this experiment’s series of 11 interviews strike you as extreme? For at least one of the Little Rascals children, Judith Abbott, lead therapist for the prosecution, conducted biweekly sessions for six months!

Jan. 4, 2017

“[Richard Beck’s ‘Believe the Children’] is perhaps most poignant on the subject of the damage to the young people who acted as witnesses. ‘Children as young as three and almost never older than nine or ten,’ Beck writes, ‘children who previously understood their time in day care as essentially normal, whether happy or not, had their lives reorganized around the idea that they were deeply and irrevocably traumatized.’ ”

– From “Our Panics, Ourselves” by Rebecca Onion in Boston Review (Sept. 22, 2015)

June 18, 2014

“I was disappointed to see that one of the most celebrated cases of this time was mentioned in (Ross Cheit’s) book but not analyzed. The Little Rascals case from Edenton, N.C., was the focus of a documentary by well-known filmmaker Ofra Bikel, whose reputation was challenged by her film, ‘Innocence Lost.’

“Bikel opined that the owners of the Little Rascals Day Care center were railroaded by children who made wildly incredible claims. For example, Bikel showcased the testimony of a little girl who said she’d been molested on a spaceship. When asked on cross-examination whether the spaceship was ‘real,’ the child said ‘yes.’ Bikel omitted crucial context on that. On re-direct examination about the spaceship the little girl explained that the day care center had taken the kids to a carnival and that the child had been molested on one of the spaceship rides.

“That particular story isn’t in this book, but it is packed with many like it. Even the most skeptical reader will find it difficult to deny that they were snookered by the media coverage to some extent, which means someone owes an awful lot of abused children an apology.”

– From “ ‘Witchhunt Narrative’ Retells ’80s Day Care Abuse” by Wendy Murphy at WeNews (May 23, 2014)

If you know Wendy Murphy from her frequent appearances on cable news channels, variously labeled as “legal expert,” “former sex crimes prosecutor” or “victims advocate,” then you aren’t surprised to see her so confidently weigh in on Cheit’s book. Neither are you surprised to see her so casually disdain the facts of the case. Take, for instance, her analysis of the Duke lacrosse case: “I never, ever met a false rape claim, by the way. My own statistics speak to the truth.”

See also “Why Cable News Never Punishes Liars” by Alex Pareene at Salon (Aug 12, 2010) and “The Wendy Murphy File”at Durham-in-Wonderland (Dec. 31, 2006).

So Ofra Bikel’s “reputation was challenged” by “Innocence Lost”? What does that mean? The same “Innocence Lost” that led to her winning a John Chancellor Award, a duPont-Columbia Award and an Emmy?

Murphy then cherry-picks the spaceship anecdote as if the child’s having earlier visited a carnival somehow confirms that she “had been molested on one of the spaceship rides.”

Was the carnival similarly responsible for Witness A’s testifying that Kelly put a candle and a burning flower stem in his “number two”…. that he was on a tugboat with Kelly…. that Kelly tried to shoot an apple off another child’s head….that he and the other child were hung up in a bag in a tree?….

And was it responsible for Witness B’s testifying that Kelly made him put a Magic marker in another child’s butt… that Kelly tried to push him onto a fire in the woods…. that he saw a lion and a “real bear” in the woods…. that Betsy Kelly ran around the day care brandishing a knife?…..

And what about Witness C’s testifying that Kelly put his gun in her mouth…. that Kelly gave her pills that made her sleepy….. that another day-care worker beat four babies until blood came out of their eyes?….

Must have been some carnival.