May 27, 2015

“Here’s an observation from the (“satanic ritual abuse” day-care) panic that I don’t think has been fully explored: These kids didn’t make up these stories.

“In this case (of Fran and Dan Keller) and dozens of others, the kids were telling tales with details about geography, history and current events about which kids of their age couldn’t have known. That’s likely what made their stories seem somewhat credible. But the fact that it all was fictitious reveals a particularly unsettling truth:

“These sick, lurid, unimaginable abuses could only have been a product of the imaginations of the therapists, social workers, cops and/or prosecutors who interviewed the children. If the memories were implanted, those are the only people who could have implanted them.

“That means that the same people entrusted to protect these kids, and in whom these communities trusted to police the streets, prosecute crimes and administer therapy, were ultimately the ones capable of dreaming up detailed sexual fantasies that put children in bizarre rituals involving violence, animals, corpses and so on.

“There’s a lot to be learned from these cases. For one, there are lessons about professional accountability:

“Not only were the vast majority of the prosecutors who put these innocent people in prison in these cases never sanctioned, but also most went on to great professional success, sometimes because of their role in these high-profile cases, and sometimes even after it was widely known that the people they prosecuted were innocent.

“There are other lessons here about how we screen ‘expert’ witnesses, and how bad science gets into the courtroom. There are lessons about the power of suggestion that could be applied to eyewitness testimony and how we conduct police lineups.

“But the drawing of lessons is something we typically do once a crisis is over. This one still isn’t. There are “still people in prison awaiting exoneration.”

– From “The ongoing legacy of the great satanic sex abuse panic” by Radley Balko in the Washington Post (May 26)

Is there something about “satanic ritual abuse” cases that knocks courts off their game? Although the Texas Court of Appeals manages to overturn (at last!) the child sexual abuse charges against day-care operators Fran and Dan Keller, it can’t bring itself to acknowledge their actual innocence. Thanks to Judge Cheryl Johnson for her clear-eyed concurring opinion noting that “This was a witch hunt from the beginning.”

May 16, 2014

Exhibit A:

“Last year at a state solicitors’ convention in Myrtle Beach, (South Carolina State Supreme Court Justice Donald Beatty) cautioned that prosecutors in the state have been ‘getting away with too much for too long.’ He added, ‘The court will no longer overlook unethical conduct, such as witness tampering, selective and retaliatory prosecutions, perjury and suppression of evidence. You better follow the rules or we are coming after you and will make an example. The pendulum has been swinging in the wrong direction for too long and now it’s going in the other direction. Your bar licenses will be in jeopardy. We will take your license’….

“If most prosecutors are following the rules, you’d think they’d have little to fear, and in fact would want their rogue colleagues identified and sanctioned….The state’s prosecutors didn’t see it that way….

“At least 13 of the head prosecutors in the state’s 16 judicial districts, along with South Carolina Attorney General Alan Wilson, are asking for Beatty to be recused from criminal cases. This would presumably end his career as a state supreme court justice….”

– From “Judge says prosecutors should follow the law. Prosecutors revolt.” by Radley Balko in the Washington Post (March 7)

Exhibit B:

“….Decades of studies show eyewitness testimony is only right about half the time – a reality that has prompted a small vanguard of police chiefs, courts and lawmakers to toughen laws governing the handling of eyewitnesses and their accounts of crimes….

“Prosecutors, however, have opposed the efforts, arguing that the changes erode their powers, even as studies have shown that eyewitnesses are about half as likely to choose the correct suspect out of a lineup as they are to choose some combination of the innocent fillers or no suspect at all when the correct one is present. The reexamination of eyewitness testimony comes at a time when technology and other forensic analysis are being given greater weight….”

– From “Eyewitness Testimony No Longer A Gold Standard” by Nigel Duara of the Associated Press (April 19, 2014)

TV prosecutor Jack McCoy suffered his own ethical dark nights of the soul, but I can’t imagine him finding much in common with such miscreants as these.

May 18, 2018

“Despite the acquittal in [the McMartin Preschool case], the hysteria kept raging there and nationally; mainstream news still gave it credence, police still made arrests, prosecutors still prosecuted, and true believers among psychologists and psychiatrists (and their clients) still believed and proselytized, often with a government imprimatur….

“In a small town in Tidewater North Carolina, children testified that a satanic cult operating a day care center had ritually abused them – and taken them in hot-air balloons to outer space and on a boat into the Atlantic where newborns were fed to sharks; several people were sentenced to long prison terms and served time before their convictions were overturned or charges dismissed.”

– From “Fantasyland: How America Went Haywire: A 500-Year History” by Kurt Andersen (2017)

The ripples from McMartin were even more pronounced in Edenton, after prosecutors brought back from California a crucial lesson: Conceal, obscure or destroy the therapists’ notes that would reveal how relentlessly the child-witnesses had been manipulated.

April 5, 2013

“In the Little Rascals Day Care case testimony was given about children being attacked by sharks kept in a pool by the accused. No prosecutor believed this story, and had such tales been told by adults, their credibility would have been laughed at…. However, (two Edenton defendants) were convicted, because under a new precedent, obviously false stories by children were set aside in the minds of prosecutors and juries, because of the belief that testimony from children needed to be treated differently….

“In (the Salem Witch Trials of) 1692, as in the modern day-care cases, the heart of the episode was the claims of the accusers versus the denials of the accused. Jurors were forced to choose between two sets of competing claims with no independent verification for any of them. Although not all the accusers were children, many were, and the idea of protecting the children played a heavy role in the prosecutions.

“Accusers claimed that the specters of the accused hurt them…. This kind of uncorroborated evidence became known as ‘spectral evidence,’ and on the basis of that evidence convictions routinely occurred. Contrary to popular, modern representations, all this took place in an orderly manner in a special court set up to investigate the outbreak. Within the rules of the day, the accused people had fair trials, just as the (day-care defendants) had a fair trial.

“What brought the trials to an end was the growing belief by the elites in Massachusetts Bay Colony, especially the clergy, that spectral evidence could not be trusted…. The trials continued, but under a new court where spectral evidence was not admissible, (and) the convictions largely stopped….”

– From “No Finality in Fells Acres” by Bernard Rosenthal, author of “Salem Story: Reading the Witch Trials of 1692”

“In spectral evidence, the admission of victims’ conjectures is governed only by the limits of their fears and imaginations, whether or not objectively proven facts are forthcoming to justify them. (State v. Dustin, 122 N.H. 544, 551 (N.H. 1982)).”

– From “Spectral Evidence Law & Legal Definition”

“Governed only by the limits of their fears and imaginations” – doesn’t that nail it!