July 6, 2012

“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.”

– Margaret Talbot, writing in The New York Times Magazine, Jan. 7, 2001

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.

May 10, 2014

“The failure to obtain convictions (in the McMartin Preschool case) combined with massive press coverage during and after, which ‘taught’ the American public various ‘lessons’ about child sex abuse, from child suggestibility to the notion that one must guard against ‘hysteria’ on such issues.

“The Witch-Hunt Narrative (by Ross Cheit) examines the evidence in the McMartin case as well as other widely reported cases, and gathers other sources on the phenomenon, to conclude that the McMartin case and reporting led to a paradigm of treating charges of abuse as a witch hunt rather than legitimate. This book goes a long way to debunk the paradigm, because there was compelling evidence for conviction….”

– From “Book of the Week” by Marci Hamilton at Hamilton and Griffin on Rights

Are we now witnessing the beginning of a belated backlash to the backlash over the “satanic ritual abuse” prosecutions? Contrary to Professor Hamilton’s enthusiastic review, Ross Cheit’s 544-page tome is riddled with inaccuracies, distortions and a shocking number of crucial omissions. Fortunately Debbie Nathan and the National Center for Reason and Justice have responded with a devastating point-by-point refutation – about which more later….

Update: I asked Hamilton, who teaches at Benjamin N. Cardozo Law School, Yeshiva University, to read Nathan’s piece and reconsider. Her response: “We will have to agree to disagree.”

May 18, 2012

“Discredited child-sex rings like McMartin actually may not be a bogeyman of the past. Some parents, therapists and child-protection professionals continue to believe ritual sex abuse took place at McMartin preschool.

“ ‘In 10 to 15 years, there will be an attempt to rehabilitate the ritual abuse scare,’ says (James Wood, psychologist at the University of Texas El Paso). ‘You can bet on it.’ ”

– From “Who Was Abused?” by Maggie Jones in the New York Times (Sept. 19, 2004)