Nov. 21, 2011

Raymond Lawrence, the New York City chaplain who founded the Committee for Support of the Edenton Seven, was an attentive and often appalled observer at Bob Kelly’s trial. This passage is excerpted from a memoir now posted in its entirety on the Bookshelf:

“Among the more obscene performances I witnessed by the prosecution was a long argument that Robert Kelly had had vaginal intercourse with a five-year-old girl.

“On a screen about four feet square the prosecutor displayed a color slide the girl’s genitalia, with two adult thumbs shown pulling back the labia to display the hymen and vaginal opening. The hymen appeared fully intact, covering most of the vaginal opening. The prosecutor thus spent what I recall as hours arguing that the stretch marks in the hymen were evidence of adult penile penetration.

“I wondered why the defense attorney did not rise up and ask if this were Alice in Wonderland…. It was as if I had entered an alternate universe.”

Feb. 8, 2013

“Your honor, ladies and gentlemen, this is a case about trust and betrayal of trust… trust placed in the hands of Ray Buckey and Peggy Buckey.  Parents who will testify will tell you… they didn’t ask about activities that were going on at the preschool. They didn’t piece together the clues they were getting from their children. These parents will tell you they now understand the importance of listening. The case contains 100 felony counts of Section 288-A and B, and one count of conspiracy….

“Betrayal! These innocent children placed their trust in these two teachers and the teachers betrayed them…. One mother observed her two daughters performing oral copulation on each other. Another mother saw a sore rectum in her child. She will tell you she did not want to go to school, did not want to sit on her father’s lap and that she ran through the house singing, ‘What you see is what you are/ You’re a naked movie star.’

“One mother will tell you that she saw her daughter masturbating with a wooden pole. One mother will tell you that her children had nightmares.  One mother will tell you that her child had a rectal fissure. Another mother will tell you she saw bloody stools when her child went to the bathroom.  Then, the people will ask you to bring back verdicts on all 100 counts….”

– From Deputy District Attorney Lael Rubin’s opening statement in the McMartin Preschool ritual-abuse case

After the jury acquitted the Buckeys on 52 counts and deadlocked on 13 counts, Rubin complained that “They were lucky. I just hope to God that years from now we don’t hear about Ray Buckey molesting children…. I don’t think I would do anything different.”

Rubin seems to have been almost as graceless a loser as Nancy Lamb, doesn’t she? Almost.

May 9, 2012

“A Question of Innocence: A True Story of False Accusation” by Lawrence D. Spiegel was published in 1986, but this passage – lamenting plea-bargains by those falsely accused of assaulting children – applies exactly to Little Rascals:

“The innocent often fall prey to the waiting hands of the prosecutor and plead guilty to a lesser charge, just to put an end to the ordeal and to the separation from a child.

“Prosecutors, as a result of over-zealousness to protect the child, blind ambition to further a career or a number of other reasons, will do ‘strange’ things for a conviction. It is always to the prosecutor’s benefit to get a guilty plea, even to a lesser charge. Sometimes the prosecutor will wait until the accused is emotionally and financially drained, then the plea bargain offer is made….

“Some falsely accused are so battered and beaten, they accept the humiliation and anger and take the deal. Often this occurs with the consent of the victim’s attorney…. The stigma of the bargain will remain forever.”

July 1, 2013

I noted last week the continuing unwillingness of law professor John E.B. Myers, widely published authority on child sex abuse, to express an opinion “regarding the guilt or innocence of any of the McMartin defendants.”

In this passage in “Child Protection in America” (2006), which Professor Myers graciously forwarded to me, he justifies his indecision on the case by pointing to claims of secret underground tunnels supposedly discovered (too late!) beneath the McMartin Preschool:

“Several McMartin parents, especially the indefatigable Jackie McGauley, hired an archeologist to excavate under the abandoned preschool. The archeologist conducted an excavation and issued an exhaustive report concluding there probably were tunnels. The tunnels had been backfilled with dirt, but McGauley pointed out that the Buckeys had months to fill in the tunnels after the preschool closed. I read the archeologist’s report and came away convinced. Yet, I shared the report with a colleague who was just as firmly convinced the report proves nothing.”

At the very least, this approach constitutes feckless “research.” To see the tunnel report thoroughly vaporized, Myers needed only to click on “The Dark Truth About the ‘Dark Tunnels of McMartin’ ” by John Earl (1995) or “What Was Under the McMartin Preschool?” by Joseph Wyatt (2002).

When the McMartin parents went digging for nonexistent tunnels, the term “truther” hadn’t yet entered the lexicon. Too bad.