June 12, 2014

“He thinks the continued treatment of these cases as a modern-day episode of mass hysteria does disservice to children and even puts them in danger.

“ ‘We have, over the last 20 years, discounted the word of children who might testify about sexual abuse,’ he writes. ‘We have become more worried about overreacting to child sexual abuse than we are about underreacting to it.’

“If that were the legacy of the day-care cases, it would be a damning one. But when I spoke to psychologists in the field – those Professor Cheit cites respectfully, as well as those he attacks – they gave a different account of the science at the heart of this history….”

– From “Abuse Cases, and a Legacy of Skepticism” by Emily Bazelon in the New York Times (June 9)

Thank you, Ms. Bazelon. In the category of “fat books in desperate search of a reason to exist,” Cheit’s “The Witch-Hunt Narrative” belongs right up there with William D. Cohan’s contemporaneous “The Price of Silence,” an account of the Duke lacrosse case that sympathizes not with the railroaded (and later exonerated!) defendants but with District Attorney Mike Nifong, who was disbarred and briefly jailed for conspiring to rig the case against them.

At the core of each book is the unsubstantiated contention that something surely must have happened, either at a Durham party house and at countless day cares. Fortunately, Cohan and Cheit can only gratuitously smear the reputations of innocent defendants, not put them in prison – unlike Little Rascals expert witness Mark “where there’s smoke there’s fire” Everson.

April 24, 2013

“Ted Koppel said the idea for (a “Nightline” episode criticizing juries’ growing skepticism toward child-witnesses) had been brought to him by Civia Tamarkin, who although she ‘served on the advisory board of an organization called Believe the Children insists that she remains neutral on the subject…. We have found her to be a useful, objective and reliable source.’

“Tamarkin had indeed devoted a lot of attention to child sexual-abuse cases, along with an abiding conviction that most defendants are guilty…. She believes the McMartin prosecution should have resulted in convictions (and) has praised the prosecution in the Little Rascals case….

“I interviewed prosecutors and defense lawyers in Little Rascals and read trial transcripts. It was clear the child witnesses had been persistently manipulated….”

– From “Koppel lost his balance on child witnesses” by Washington Post columnist Nat Hentoff (Dec. 3, 1996)

Believe the Children, organized by McMartin parents, later expanded to become a clearinghouse for ritual abuse allegations. It apparently disbanded after holding a final conference in Arlington Heights, Illinois, in 1995.

Aug. 24, 2014

“The following dialogue is from Daniel Goleman’s article ‘Studies Reflect Suggestibility of Very Young as Witnesses,’ in the New York Times (June 11, 1993). It is an excerpt from 11 interviews of a four-year-old boy, who each week was told falsely: ‘You went to the hospital because your finger got caught in a mousetrap. Did this ever happen to you?’

“First Interview: ‘No. I’ve never been to the hospital.’

“Second Interview: ‘Yes. I cried.’

“Third Interview: ‘Yes. My mom went to the hospital with me.’

“Fourth Interview: ‘Yes. I remember. It felt like a cut.’

“Fifth Interview: ‘Yes.’ (Pointing to index finger….)

“Eleventh Interview: ‘Uh huh. My daddy, mommy, and my brother (took me to the hospital) in our van…. The hospital gave me . . . a little bandage, and it was right here’ (pointing to index finger).

“The interviewer then asked: ‘How did it happen?’

“ ‘I was looking and then I didn’t see what I was doing and it (finger) got in there somehow…. The mousetrap was in our house because there’s a mouse in our house…. The mousetrap is down in the basement next to the firewood…. I was playing a game called “Operation” and then I went downstairs and said to Dad, “I want to eat lunch” and then it got stuck in the mousetrap…. My daddy was down in the basement collecting firewood…. (My brother) pushed me into the mousetrap…. It happened yesterday. The mouse was in my house yesterday. I caught my finger in it yesterday. I went to the hospital yesterday.’ “

– From “Case Study of Implanted Memory” by Martin Gardner in Skeptical Inquirer (Fall 1994)

Does this experiment’s series of 11 interviews strike you as extreme? For at least one of the Little Rascals children, Judith Abbott, lead therapist for the prosecution, conducted biweekly sessions for six months!

April 29, 2017

Robin Byrum, not long out of high school and pregnant with her first child, went to work at Little Rascals Day Care Center in September 1988. A year later she was in prison under $500,000 bond, charged with 23 counts of child sex abuse. Prosecutors had no credible evidence against her, but they were betting the youngest defendant would implicate Bob Kelly and the others accused.

“I was in the wrong place at the wrong time,” she recalls today in her first interview since charges finally were dropped against her in 1996. “They thought I would tell on the others. That was the only reason I was swept up.”

Now 15 years into her second marriage, she lives in Eastern North Carolina. For her privacy I’m not mentioning her town or married name. “I’ve gone on with my life. It’s turned out well, in spite of all that….”

——-

After months of sporadic questioning she was arrested in January 1990.  “Three men from the SBI came to my mother’s house. It was so frightening. They intimidated me. One of them put his foot up on the table and I could see the gun in his ankle holster. He said, ‘I’d hate to see you taken away from that child.’

“Then we went to the police station in Edenton. [SBI agent] Kevin McGinnis said he would give me one more chance to talk. I could hear my baby crying in the next room. When I told him again I didn’t know anything, he was so angry he kicked the desk across the room.”

Along with Betsy Kelly and Dawn Wilson, she was put in a cell in women’s prison in Raleigh. “I was three hours from my only family in North Carolina. Strip-searched before and after every visit.

“They put another prisoner in there with us, a snitch, thinking she could get us to talk. But we had nothing to tell….. One day they even tossed our cell, looking for ‘satanic’ passages marked in our Bibles.”

As the months passed, prosecutors offered Byrum ever more tempting plea deals. In a particularly poignant moment in “Innocence Lost: The Plea” (1997) she explains to Ofra Bikel why she had even turned down a deal offering no active time, but an admission of guilt: “‘That would mean knowing I would not ever have to be separated from my child again. But then I’d have to live with the rest of my life that I [said I] did something when I didn’t do it.’”

In 1990, bond was reduced to a still absurd $200,000 and her grandparents and two aunts in Kentucky managed to pay in time to get her home for Christmas.

Today Byrum, 46, works in health information management. “My office manager knew about the case, but the doctors hadn’t put two and two together until they went to your site. One of them shook his head and said, ‘How did seven people go to prison on something completely unfounded?’ Well, I’m still baffled too….

“How could anyone believe all these things happened? We were a block from downtown, in a building with huge windows and no curtains. Parents walked their 2- and 3-year-olds there, and they dropped by all the time….

“Didn’t a light bulb ever once come on that made somebody use their common sense?”