July 15, 2016

“When you once believed something that now strikes you as absurd, even unhinged, it can be almost impossible to summon that feeling of credulity again. Maybe that is why it is easier for most of us to forget, rather than to try and explain, the Satanic-abuse scare that gripped this country in the early ’80s – the myth that Devil-worshipers had set up shop in our day-care centers, where their clever adepts were raping and sodomizing children, practicing ritual sacrifice, shedding their clothes, drinking blood and eating feces, all unnoticed by parents, neighbors and the authorities….”

– From “The Devil in The Nursery” by Margaret Talbot in The New York Times (Jan. 7, 2001)

July 26, 2013

Rereading appellate defender Mark Montgomery’s thunderously compelling brief on behalf of Bob Kelly always delivers something I had either passed over earlier or forgotten. This time it was that

“(Jimmy) and Nancy Smith also declined to have their son Judson evaluated by one of the four therapists who saw the other children. By the time of trial, both Mr. and Ms. Smith had been accused by several children as having participated in the abuse. (One of the child-witnesses) said of Nancy Smith, ‘She’s Miss Betsy’s sister, so she must be mean.’ ”

The Smiths’ close call highlights once again the terrible randomness of the Little Rascals prosecutors’ accusation process.

How challenging the prosecutors’ decision-making must have been: Which child-witness had been adequately manipulated, and which couldn’t be counted on to earnestly describe the sharks, the butcher knives and the dead babies? Which innocent adult was vulnerable, and which might strike jurors as just too unlikely a serial ritual-abuser?

Nancy Smith (Barrow) recalls today that “I had NO idea I had been accused until working with (defense attorneys) Mike Spivey and Jeff Miller for Bob’s trial.  I happened to read some notes from police interviews and saw my name more than once….

“No member of my family – mother, father, Laura, Leslie, or Judson – was ever interviewed by police or prosecutors.  Jimmy and I talked with Brenda Toppin one afternoon in her office.  She only wanted to know about the state of Bob and Betsy’s marriage.”

July 27, 2012

“It has always intrigued me that, in a culture that is relentlessly self-critical… the pre-school hysteria and witch-hunts of the 1980s and ’90s (have) attracted little, if any, notice among historians and social analysts.

“Which is odd: We moderns like to think that we are exempt from some of the baser instincts of human nature, but hysteria, mob rule, and spectral fears are still very much with us.

“Moreover, in this instance, the American judicial system failed systematically, blighting hundreds of lives: Many more genuinely innocent people went to prison, and for longer terms, than any Communist during the McCarthy era.”

– From “Remember McMartin” by Philip Terzian in the Weekly Standard (Nov. 11, 2011)

Aug. 22, 2012

“They would have had to experience this or seen this. I know that for a fact. I know they didn’t make it up. I mean, I’m an intelligent person….

“I feel very sure in my heart and in my mind that this happened…. but not with Mr. Bob and not at the day care.”

– Betsy Kelly, demonstrating (in an interview taped by Officer Brenda Toppin, March 16, 1989) the pervasiveness of the impulse to “Believe the Children”