Aug. 9, 2015

“Suppressing evidence, coddling informants, even outright lying are some of the instances of prosecutorial misconduct that sent away nearly half the 1,621 people convicted for crimes they didn’t commit since 1989, according to the University of Michigan Law School’s National Registry of Exonerations. These are only the cases we know about, surely only a small fraction of the wrongly convicted….

“In a 2011 report on 707 such cases, only six prosecutors (none in “satanic ritual abuse” day-care cases) were disciplined. Almost all still have their licenses, and are still practicing law….

“Prosecutors are granted immunity for most kinds of misconduct. It’s easy to see the reasons for this policy: otherwise, every well-heeled convict would sue, clogging the system and making it impossible for prosecutors to do their jobs. At the same time, that immunity is so absolute that prosecutors simply get off scot-free, even when misconduct is established. Even worse, most states lack any meaningful oversight of prosecutors: no commissions, no review boards, nothing.

“America is the only country in which many prosecutors are elected…. The disciplinary commission that sanctioned Mike Nifong – prosecutor of the Duke lacrosse team on false rape charges – noted his upcoming primary election as a motivating factor for his misconduct. The pressure to produce wins has led to a ‘win-at-all-costs’ mentality in some offices, especially when voters reward such behavior.”

– From “It’s Not Just Bad Cops: Prosecutors Run Wild” by Jay Michaelson at the Daily Beast (Aug. 8)

For whatever reason, voters in the First Judicial District declined to “reward such behavior” by Little Rascals prosecutors H. P. Williams Jr. and Nancy Lamb. District Attorney Williams failed to win re-election in 1994, and Lamb lost her bid for DA in 2014.

Sept. 22, 2020

A burst of sunshine in these grim times. A note arrived today from Little Rascals Day Care case exoneree Bob Kelly: “Today, 25 years ago, because of Mark Montgomery’s wonderfully written and argued brief, I walked into FREEDOM…. Thanks to him and people like you who have believed in us!”

Sept. 8, 2015

“Jennifer (a pseudonym) reached out to me after seeing an interview I gave about the McMartin Preschool trial…. She said she had been involved in a similar case as a child and that her experiences with the police, the judicial system, and a series of therapists mirrored those of the McMartin children. Now an adult with a career and family of her own, she agreed to speak with me about her experiences during the trial and in the decades since….

“Jennifer’s experiences illustrate the consequences of the misguided ‘belief’ in children that so many therapists, parents, and cops professed during the 1980s….”

– From “Moral Panic and the Myth of Recovered Memory” by Richard Beck at Literary Hub (Aug. 18) 

Although Beck presents more as a historian than a journalist, his interview with Jennifer is a significant addition to the sparse roster of recanting (or not) child-witnesses. Not surprisingly, her account offers numerous parallels not only to McMartin but also to Little Rascals:

• “lots of phone conversations and meetings” among parents
• an interviewer with “anatomically correct dolls”
• her initial insistence that “nothing had happened”
• “a tour of the jail” arranged by the therapist to assure her that the supposed molester was safely behind bars
• her capitulation in the face of endless therapy sessions, leading her to “finally just start… making stuff up.”
• the eventual overturning of her day-care teacher’s conviction

Might Jennifer’s coming forward, however tentatively, lead the way to more recantations by child-witnesses?

Jan. 11, 2013

“Chris Bean (Bob Kelly’s lawyer until becoming involved as a child-witness parent) told me that when the townspeople first saw the documentary, they thought it was OK and that nobody thought my film had personally misrepresented them.

“But then, he told me, the firestorm of national attention began and people were writing to the mayor, to the townspeople, to many of the families I interviewed, and it was like a house of cards, you know. It all came tumbling down on them.”

– Ofra Bikel, quoted in the Newark Star-Ledger (July 18, 1993)

“The only woman who never complained after the first film,” Bikel said, was Jane Mabry – Patient Zero in the rumor contagion.