May 23, 2012

Experienced trial lawyers can’t afford to dwell on lost cases. Sometimes that’s quite a challenge:

“Robert Fulton Kelly…. was the most innocent man I have ever defended and the most victimized criminal defendant in the state’s history. He taught me that under certain circumstances madness can rule the day and overcome everything that is right and just.”

– Gerald Beaver (North Carolina Lawyers Weekly, 2010)

May 20, 2013

The day-care ritual-abuse era generated a wealth of words, many of which have been cited here. Aside from the epic “Innocence Lost,” however, little video evidence remains.

Just made available on our Bookshelf of Case Materials is the hour-long 1999 CBS documentary “Child Sex Scandals: Modern Day Witch-Hunt?”

Part of correspondent Mike Wallace’s “20th Century” series, it includes basic coverage of the McMartin, LIttle Rascals and Kelly Michaels day-care prosecutions, as well as the closely-akin “recovered memory” movement.

Especially salient are the 30-second comments from key combatants in the opinion arena such as Maggie Bruck, Roland Summit, Elizabeth Loftus, and Mark Pendergrast.

Oct. 31, 2016

“Historical truths emerge only with time, after which they are ours, particularly on Halloween, to mangle.

“Early on, the Salem witch trials disappeared from the record; a hush descended over 1692 for generations. ‘The People of Salem Do Not Like to Be Questioned in Regard to the Witchery Affair’ reads a Philadelphia Inquirer headline – from 1895. It fell to others to resurrect the ‘witchcraft,’ as the South did during the debate over slavery. Then came Arthur Miller, who made off with the story, or at least a version of it.

“A lush mythology grew up around the trials, one that reassured us that these events took place in a remote land in no way resembling our own. In truth, they are deeply woven into the American fabric. They are more relevant than the lore suggests – our earliest instance of conspiratorial fantasy and reckless demonizing, of the brand of national distemper that grips us in anxious times.”

– From “Five Myths about the Salem witch trials” by Stacy Schiff in the Washington Post (Oct. 30)

Fifteen years ago today: Massachusetts officially exonerates five women hanged as witches in Salem.

July 11, 2012

“And what did Doctor (Mark) Everson say what to look for? A coherent package that’s consistent. You look at the behavior and what the child says…. He talked about sexual acting out, coaxing sexual behavior, masturbation, fears, and anxieties. New fears that come up that aren’t developmentally appropriate for a child that age, such as a fear of men or a particular man, changes in their personality caused by stress like regressive behavior, bed wetting, clinginess, thumb sucking.

“And as I name these, I hope that you are sitting there remembering how many of these children so far have had these kinds of behaviors.”

– From prosecutor Nancy Lamb’s closing argument in the trial of Bob Kelly

“… What could be expected for ritually abused children? That vexing question prompted everyone involved in the McMartin Preschool case to look for symptoms, and in their urgency, to mistake normal developmentally-based behaviors, quirky idiosyncrasies and even the iatrogenic effects of intimidating interviews for sequelae of ritual abuse. In this nascent moral panic, the widely circulated ‘symptom lists‘ transformed messy subjectivity into embodied and interpretable texts….”

– From “The Day Care Ritual Abuse Moral Panic” by Mary DeYoung (2004)

To day-care ritual-abuse prosecutors, what Nancy Lamb called “these kinds of behaviors” embraced everything from bed-wetting to hyperactivity to eating disorders. No dot went unconnected.

Contrary to such handy lists, however, numerous studies have found no “coherent package” of symptoms of child sexual abuse.