Dec. 10, 2017

“Controversy over the credibility of children’s testimony has congealed into a debate between those who demand that we ‘believe the children’ no matter how outlandish their allegations and those who maintain that children are inherently so suggestible that their testimony can never be relied on upon. An interesting question that remains is why children are not believed when, as often happens, they specifically deny charges at the time they first arise….

“Why isn’t the child allowed to say no? A widening body of research shows that repeated questioning of children, especially by authoritative adults with a specific bias, will often lead to answers that conform to the interviewers’ expectations….

“Divorce, neglect, unsafe neighborhoods, bad schools – these primary social problems are not the fault of the people to whom we have entrusted our children. Forcing children to invent stories of abuse is abuse….”

– From “Child-care Demons” by Lawrence Wright in The New Yorker (Oct. 3, 1994)

Nov. 27, 2019

Betsy Kelly is paroled from the Correctional Institution for Women in Raleigh.

In January she accepted a plea of “no contest” and a sentence of seven years in prison. Since she had already served two years and two weeks in jail, she became eligible for parole almost immediately. But Assistant Attorney General Bill Hart, fuming over her unwavering insistence that she was innocent, reneged on an agreement not to challenge her release, and the Parole Commission kept her imprisoned another 10 months.

Betsy Kelly’s no contest plea disqualifies her from the National Registry of Exonerations, but she is surely as innocent as the rest of the Edenton Seven – that is, completely innocent, Bill Hart be damned.

Feb. 26, 2016

“What a waste it would be to force Bucks County (Pa.) Judge Alan Rubenstein from the bench. At 70, he remains sharp and vibrant, a jurist of impeccable credentials with vast institutional knowledge of Bucks County, not to mention historic accomplishments.

“As district attorney, Rubenstein tried more cases than any prosecutor in county history. And he was the only county DA to be elected four times, a measure of how well he did the job and how much voters trusted and appreciated him. Indeed, they rewarded him with a seat on the county bench, a post Rubenstein continues to relish and is in no hurry to relinquish.

“Yet, Rubenstein and every judge across the state faces mandatory retirement at age 70… unless voters extend the mandatory retirement age (to 75)….”

– From “Sound judgment: Too soon to retire,” editorial in the Bucks County Courier Times (Feb. 23) cached here

“No tribute to Judge Alan Rubenstein is complete without mentioning his wise and courageous decision not to pursue charges in the Breezy Point Day School case in 1990…. Countless other prosecutors across the nation fell hard for the ‘satanic ritual abuse’ moral panic, but Judge Rubenstein kept his head, investigated thoroughly and protected Bucks County from the nightmare that befell towns such as Manhattan Beach, Calif., and Edenton, N.C.”

— From my letter to the editor of the Courier Times (Feb. 26)

Unless Pennsylvania voters approve that referendum on the April 26 ballot, Rubenstein’s valuable service will be limited to fill-in duty.

Some septuagenarian judges, of course, should stay retired.

July 31, 2013

“Have you ever stopped to consider what the statistical odds must be against the following allegations made by the prosecution? How could the following all be true?

“1. That seven child abusers would somehow all show up at the Little Rascals Day Care during the same time period.

“2. That out of these seven alleged abusers not one had any record of any sexual misbehavior in their past.

“3. That out of all seven of these alleged abusers not one was found to be in possession of any child pornography or other suggestive materials.

“4. That with multiple-hundreds of alleged abuses claimed to have taken place, not one single piece of ‘hard’ evidence was ever found. Nor was there a single adult witness to any behavior even suggestive of abuse.

“5. That out of all seven of these alleged abusers, not one would be willing to testify against the others in return for easier treatment.”

– From a Feb. 22, 1994, letter sent to prosecutors and the press by Jeffrey Keimer of Portola Valley, Calif.

These are questions that occurred to someone following the Little Rascals case from 3,000 miles away. Too bad they seem not to have occurred to so many prosecutors, therapists, parents, reporters and jurors. Up close, was the “ritual abuse” narrative simply too mesmerizing?