Aug. 14, 2013

“FARMVILLE – A juror in the trial of Robert F. Kelly Jr. testified Wednesday that it was an ‘amazing coincidence’ that information from a magazine article appeared in his notes about jury deliberations.

“Dennis T. Ray insisted during a hearing on Kelly’s bid for a new trial that he did not use information from a Redbook article about child molestation to evaluate Kelly’s guilt. Ray denied that he compared Kelly to characteristics of a molester listed in the article.

“But defense attorney David Rudolf vigorously attacked Ray’s credibility by referring to notes Ray made during the deliberations. Rudolf cited numerous phrases from the magazine article, such as ‘vast amount of child pornography’ and ‘sex fiend’ which were identical to phrases in Ray’s notes.

“Rudolf, his voice rising, asked Ray whether it was just coincidence that so many phrases from the magazine appeared word-for-word in his notes. Ray replied that ‘it must be’ because jurors did not have the article in the jury room. ‘The only explanation you have for this is that it is an amazing coincidence?’ Rudolf asked. ‘Yes, sir,’ Ray said.

“In another sharp exchange, Rudolf questioned Ray’s contention that he did not describe the article in an interview with a producer for (“Innocence Lost”). Ray said he told her (only) that there were books in the jury room. Rudolf: ‘You are under oath, sir.’ Ray: ‘I do not remember saying that to her. No, sir.’ Rudolf: ‘Did you say it or not? You are under oath.’ Ray: ‘I do not believe that I did.’

“Rudolf then played video tapes of the program that showed Ray describing the article. Ray said after viewing the video that he did not remember it.”

– From “Kelly lawyer attacks juror’s credibility” in the News & Observer (Jan. 20, 1994)

Dennis T. Ray seems to have been quite a loose cannon in the jury room. In addition to the “amazing coincidence” of the Redbook article, Ray also (according to other jurors cited in Bob Kelly’s appellate brief) “made visits to Edenton despite instructions by the trial court not to.

Mr. Ray also claimed to have talked with an inmate at Eastern Correctional Institution. According to Mr. Ray, the inmate, a convicted child molester, claimed to know Bob Kelly, and to have personal knowledge of Mr. Kelly’s guilt. The jurors said that Mr. Ray also displayed some sort of object that he claimed to be a ‘magic key’ referred to by several children.”

Unpersuaded that any of this mischief might have contaminated the jury’s decision-making, Judge Marsh McLelland rejected Bob Kelly’s motion for a new trial.

April 27, 2012

Friday news roundup:

■ Darkness to Light, the Charleston-based nonprofit with the goal “End Child Abuse,” has responded to my request to disassociate itself from one of the last promoters of the ritual-abuse day-care hoax. This is from Erika Rowell, program coordinator for D2L: “After taking a long look at the Survivorship website we have decided to remove it from our resource list.”

■ The North Carolina Supreme Court’s latest release on petitions allowed and denied included no ruling on Junior Chandler’s appeal. Next possible release date: June 14.

■ The New York Times reports a jarring increase in the number of retractions published in scientific journals. The Times focuses on heavyweights such as Science and the New England Journal of Medicine, but I have to wonder whether – OK, hope that – this phenomenon might one day extend to the likes of the Journal of Child Sexual Abuse, the Journal of Psychohistory and Treating Abuse Today, all of which failed to apply professional skepticism to the abuse fantasies of their contributors.

Dec. 2, 2011

“Videotaped interviews made during the early cases (alleging day care ritual sex abuse) show that when children were allowed to speak freely, either they had nothing to say about abuse or they denied it ever happened to them.

“Once it became obvious that these records would prevent guilty verdicts, prosecutors began advising investigators not to keep tapes or detailed notes of their work.”

– From “Satan’s Silence: Ritual Abuse and the Making of a Modern American Witch Hunt” by Debbie Nathan and Michael Snedeker (1995)

Perhaps the most significant difference in the two largest abuse trials was that McMartin defense attorneys were able to expose to jurors the prosecution therapists’ manipulative interview techniques, while Little Rascals attorneys were stymied by the premeditated unavailability of original documentation.

“After Bob Kelly’s indictment,” according to an article in the ABA Journal, “Bill Hart, a North Carolina deputy attorney general assigned to the case, traveled to Los Angeles to consult with McMartin prosecutors.

“He learned that McMartin jurors had criticized videotapes of therapist Kee McFarlane’s interviews with the children. She asked leading questions and rebuked children who did not tell of abuse….”

Hart could have brought back to North Carolina the lesson that interviewers shouldn’t “(ask) leading questions and (rebuke) children who did not tell of abuse.” Instead, he brought back the lesson that interviewers should leave no evidence of having used exactly those fraudulent techniques.

July 12, 2013

“Some professionals take the charges (of satanic ritual abuse) seriously. ‘It’s hard to believe, but so were the reports about Nazi atrocities,’ says Bennett Braun, director of the Dissociative Disorder Program at Chicago’s Rush-Presbyterian-St. Luke’s Medical Center. ‘Then we found the concentration camps.’

“Skeptics are still waiting for the equivalent to a concentration camp to be found. No investigation has ever turned up so much as a bloodstain that could be traced with certainty to these bizarre activities.

“What’s indisputable is the existence of a busy network of therapists specializing in SRA. ‘These allegations are produced by the unrelenting pressure of the therapist,’ says Richard Ofshe, a professor of sociology at the University of California, Berkeley, who studies cults and thought control. ‘You will eventually come up with bizarre stuff because you run out of all the ordinary stuff.’ ”

– From “Rush to Judgment” in Newsweek (April 19, 1993)

As Newsweek’s secondary headline noted, “America is now at war against child abuse. But some recent cases suggest we may be pushing too hard, too fast.” Among the prosecutions criticized was Little Rascals, but by this time both Bob Kelly and Dawn Wilson had been convicted and imprisoned.

Unlike so many others who fomented the ritual abuse/repressed memory/multiple personality mania, psychiatrist Braun actually suffered consequences: He lost his medical license for two years and was among the defendants in a malpractice suit ultimately settled for $7.5 million. He now practices in Butte, Montana.