Oct. 9, 2013

“We are a society that, every 50 years or so, is afflicted by some paroxysm of virtue – an orgy of self-cleansing through which evil of one kind or another is cast out.   From the witch-hunts of  Salem to the communist hunts of the McCarthy era to the current shrill fixation on child abuse, there runs a common thread of moral hysteria.

“After the McCarthy era, people would ask: But how could it have happened?  How could the presumption of innocence have been abandoned wholesale? How did large and powerful institutions acquiesce as congressional investigators ran roughshod over civil liberties – all in the name of a war on communists?  How was it possible to believe that subversives lurked behind every library door, in every radio station, that every two-bit actor who had belonged to the wrong political organization posed a threat to the nation’s security?

“Years from now people doubtless will ask the same questions about our present era – a time when the most improbable charges of abuse find believers; when it is enough only to be accused by anonymous sources to be hauled off by investigators; a time when the hunt for child abusers has become a national pathology.”

– From “From the Mouths of Babes to a Jail Cell” by Dorothy Rabinowitz (Harper’s Magazine, May 1990)

Feb. 25, 2013

“The 99 guilty verdicts against (Bob) Kelly appear to have set a benchmark for such cases: that youthful witnesses can have enough credibility to win convictions on their word alone.

“‘This validated child witness testimony,’ said Carolyn McAllaster, who teaches a child advocacy clinic at Duke University’s law school and trial practice at the University of North Carolina School of Law.

“‘I think the reason a lot of prosecutors hesitate to take these cases is they fear these children won’t be believed by juries,’ she said. ‘They should give a child’s testimony the same weight they would give an adult’s testimony. I think that children are very believable and that their testimony can be judged on its own merits.’ ”

– From “Rascals verdict affirms children’s credibility” in the Raleigh News & Observer (April 26, 1992)

McAllaster has gone on to become director of the AIDS Legal Project and a clinical professor of law at Duke.

Has she changed her mind about the credibility of child witnesses?

I asked her.

She hasn’t responded.

Feb. 20, 2013

“Don’t focus on the question, focus on the answer.”

– District Attorney H. P. Williams, urging jurors to ignore the leading questions that therapists asked child-witnesses to elicit accusations against Bob Kelly

“Pay no attention to that man behind the curtain.”

– The Wizard of Oz

March 13, 2016

“Fran and Dan Keller have been released from a Texas prison after 21 years, yet still have little freedom of movement or circumstance, or even quality of life. Their 1992 conviction on multiple counts of ‘sexual assault of a minor’ – in the now notorious Fran’s Day Care case – has effectively been overturned by a 2015 Court of Criminal Appeals ruling ‘granting relief’ to the Kellers on a single question of retracted medical testimony. But the ruling was not accompanied by actual exoneration from the allegedly heinous crimes.

“Only a single appeals court judge – Cheryl Johnson – was willing to admit no crime had in fact occurred. ‘This was a witch hunt from the beginning,’ wrote Johnson, in her opinion concurring with the opaque ruling of the full court. Johnson would have granted relief on all the Kellers’ claims, and would have acknowledged that the entire prosecution had been an egregious folly.

“The limited ruling, while welcome in itself, left the Kellers in a legal limbo – permanently accused but not cleared…. required to somehow further demonstrate their innocence – of crimes that never happened….”

– From “Learning From Our Mistakes” by Michael King in the Austin Chronicle (March 11) (cached)

So who thwarts the hapless Kellers? Yes, yet another prosecutor who sets the bar for exoneration stratospherically high. Although District Attorney Rosemary Lehmberg (here’s why her name rings a bell) supported their release, she now finds herself unable to “find a path to innocence” without the deal-sealing exculpation of DNA evidence. Those darn imaginary criminals sure do clean up after themselves….