May 30, 2015

Ofra Bikel’s eight hours of “Innocence Lost” were surely powerful, but the narrowness of PBS’s audience limited their impact. What if the Little Rascals Day Care case had also inspired a major theatrical release? What if several million moviegoers had watched the dramatic nobody-dunnit even as the real-life Edenton Seven were languishing in jail or standing  trial?

For a brief moment, that seemed possible.

Kurt Luedtke, screenwriter for the ’80s hits “Out of Africa” and “Absence of Malice,” was outraged after seeing the initial “Innocence Lost” in 1991. “You can’t hold people that long without presenting the evidence,” he told the Charlotte Observer.
Now retired and living in Michigan, Luedtke recalls his “indignation mounting and (thinking) I had to do something about the preposterousness of what was going on….”

Alas, his idea apparently made it no further than a preliminary meeting in New York with Bikel and “Frontline” founder David Fanning: “I can’t remember why we didn’t go forward; maybe I had another job.”

Nov. 19, 2014

“While (‘The Witch-Hunt Narrative’ author Ross) Cheit… admits that there was some ‘overreaction’ and injustice to innocent people – including ‘five, possibly six, of the seven defendants’ in the McMartin case – he argues that the ‘Satanic panic’ hysteria is a myth rooted in exaggeration and distortion….

“Whether the book succeeds in making a dent in the witch-hunt narrative depends, to put it bluntly, on whether we can trust Cheit to give a fair and accurate account of this material. A close look reveals enough evasions, highly tendentious interpretations, and verifiable inaccuracies to conclude that we cannot….

“It is ironic, or perhaps symbolic, that this book has arrived in the midst of a new wave of sex-crime hysteria. Just recently, in the impassioned debate over the sexual molestation charges against Woody Allen, such feminists as Jessica Valenti and Roxanne Gay revived the call to ‘believe the survivor.’ The same mind-set also appears in the current campus climate of pressure to accept virtually all allegations of sexual assault regardless of evidence. Despite Cheit’s attempted debunking, the lesson of the witch-hunts still stands: Emotion-driven, faith-based crusades against repellent crimes are a grave danger to justice.”

– From “The Return of Moral Panic: A scholar tries – and fails – to rehabilitate the sex-abuse hysteria of the ’80s” by Cathy Young at reason.com (Oct. 25)

Young contributes a welcome follow-up to Debbie Nathan’s Cheit-busting response from the National Center for Reason and Justice. She is especially effective in pointing out Cheit’s fact-fudging and cherry-picking in the McMartin and Kelly Michaels cases.

July 11, 2016

“This week Harvard Law School’s Fair Punishment Project issued a report detailing the legacies of five of the nation’s deadliest prosecutors, and (Joe Freeman) Britt was among them. The report highlights what it calls ‘personality-driven capital sentencing,’ which leads overzealous prosecutors with a flair for courtroom theatrics and a desire for personal fame to pursue death sentences at disproportionate rates….

“This personality-driven system means that a death sentence often says less about the severity of the defendant’s crime, than it does about the prosecutor’s enthusiasm and courtroom skills. Personality-driven prosecutions can also lead to wrongful convictions, when prosecutors making winning cases a higher priority than seeking justice….

“Britt often cut corners to win. Appellate courts found that Britt committed misconduct in 14 of his capital cases, the new report shows. His offenses included hiding evidence that might have proven defendants innocent and making inflammatory and improper statements to jurors….

“When they were exonerated by incontrovertible DNA evidence, Britt did not even have the heart to admit his mistake. Instead, he continued to loudly proclaim their guilt….”

– From “NC ‘deadliest prosecutor’ valued winning over justice, new report shows” by Kristin Collins at NC Coalition for Alternatives to the Death Penalty (June 30)

I shudder to speculate what might have happened in Edenton had North Carolina sanctioned capital punishment for child sex abuse. The Little Rascals prosecutors, most strikingly Nancy Lamb,  bore many of the “personality-driven” characteristics seen in a Joe Freeman Britt:

• “A flair for courtroom theatrics and a desire for personal fame”? Check.
• “Hiding evidence that might have proven defendants innocent”? Check.
• “Inflammatory and improper statements to jurors”? Check.
• “Continued to loudly proclaim their guilt”? Check…..

Aug. 17, 2014

“I’m not comfortable commenting on any of them at this point in time.”

– Lael Rubin, formerly the lead prosecutor in the McMartin Preschool case, declining to say whether she still thinks the defendants were guilty

 That’s not the only eyebrow-raiser in this recent 30-years-after piece by a Los Angeles TV station.

Rubin contends that “The strongest evidence, the physical evidence, the medical evidence, I think was very significant.” But Kevin Cody, who logged more hours in the courtroom than any other journalist, confirms my impression that the prosecution actually produced “zero medical evidence of abuse.”

Finally, Rubin credits the McMartin case with improvements in the interviewing of children: “The criminal justice system, interviewers and police, law enforcement are much more concerned about eliciting information from children, as opposed to giving them clues.”

This is disingenuous. Like John E. B. Myers, Kee MacFarlane  and Sylvia Gillotte – Rubin tips her hat to progress but refuses to take the logical next step: admitting the injustices issuing from those McMartin-style interrogations.