May 16, 2012

“The researcher-therapist gap came to public attention because of three psychological epidemics, which spread like wildfire during the 1980s and ’90s: recovered memory, multiple-personality disorder and sex-abuse allegations at day-care centers. Each phenomenon was supported by clinical opinion; each has been discredited by empirical research.

“Of course, research never provides ‘the’ answer in a case; and, of course, clinical opinion is sometimes correct. But research does provide ways of correcting biases and testing assumptions. For example, the day-care scandals, from the McMartin case in California to Margaret Kelly Michaels in New Jersey to the Amiraults in Massachusetts, were perpetuated by therapists who testified that children never lie about sexual abuse and aren’t curious about sex unless they have been molested, that masturbation is a sign of sexual abuse and that abuse can be diagnosed by observing how children play with anatomically correct dolls. But each claim has been disproved by research on the cognitive abilities of children, on factors that increase suggestibility, on the normalcy of masturbation and sex play among children and on the way nonabused children play with the dolls….

“The researcher-therapist gap has been institutionalized by the rapid rise of free-standing schools of therapy not connected to university psychology departments. Graduates of these schools typically learn only to do therapy and seldom learn about other areas of psychology relevant to their work – like the limitations of hypnosis, the fallibility of memory or the normal process of suggestion in therapy.”

– From “A Widening Gulf Splits Lab and Couch” by Carol Tavris
in the New York Times (June 21, 1998)

April 25, 2012

“Many questions were repeated (by interviewers in the McMartin Preschool case) even when the children had previously given unambiguous answers.

“For example, after a child responded that he/she did not remember any pictures of naked bodies, the interviewer repeated the question saying, ‘Can’t remember that part?’

“Even after the child again responded ‘no,’ the interviewer persisted, saying ‘Why don’t you think about that for awhile…. Your memory might come back to you.’ ”

 – From “Tell Me What Happened: Structured Investigative Interviews
of Child Victims and Witnesses” by Michael E. Lamb, et al. (2008)

There is every reason to believe this approach typified interviews in the Little Rascals case, but of course prosecutors ensured almost no record of those interviews survived.

Feb. 13, 2016

“The disciplinary board of the Texas State Bar on Monday affirmed the agency’s decision to disbar Charles Sebesta, the former prosecutor who oversaw the wrongful death sentence of Anthony Graves.

“Graves, who spent 18 years in prison, including 12 on death row, for a fiery multiple murder he did not commit… had asked the Bar to hold Sebesta accountable for withholding critical evidence of his innocence.

“ ‘The bar stepped in to say that’s not the way our criminal justice system should work,’ Graves said. ‘This is a good day for justice.’ ”

– From “State Bar board affirms disbarment of prosecutor who sent innocent man to death row” by Brandi Grissom in the Dallas Morning News (Feb. 8)

Legal scholar Jonathan Turley notes that “Sebesta’s conduct was shocking but remains a relatively rare example of prosecutors being held accountable in such cases of prosecutorial abuse.”

Although the Texas Bar displayed little eagerness to bring a prosecutor to justice – and disbarment is a petty consequence indeed for the enormity of Sebesta’s malfeasance – its response seems darn near heroic compared with the shameful vindictiveness we have come to expect from the North Carolina Bar.

Jan. 5, 2014

“Probably the main reason for the growth of false charges of (sexual) abuse has been the recent proliferation of abuse specialists and therapists, many of whom lack any knowledge of mental illness or the workings of memory. These specialists believe fervently that many of the difficulties experienced by the people who consult them are due to sexual abuse that, if it isn’t remembered, can be jogged into memory by various recovery techniques.

“For decades, therapists of various kinds have put forward one unproved theory after another to explain personal unhappiness, dissatisfaction or serious psychological dysfunction. Earlier, as (Michael) Yapko points out (in “Suggestions of Abuse: True and False Memories of Childhood Sexual Trauma”), they focused on the ‘inner child,’ the ‘dysfunctional family’ or ‘co-dependency’; now it’s sexual abuse….

“In 1992, Mr. Yapko gathered data from more than 860 therapists across the country about the roles they think suggestion and memory play in therapy, especially in the dredging up of repressed memories of sexual abuse. ‘It is not an exaggeration,’ he concludes, ‘to say that many therapists appear to practice their profession on the basis of sheer myth….’ ”

– From “The Monster In the Mists” by Walter Reich in the New York Times (May 15, 1994)