June 18, 2014

“I was disappointed to see that one of the most celebrated cases of this time was mentioned in (Ross Cheit’s) book but not analyzed. The Little Rascals case from Edenton, N.C., was the focus of a documentary by well-known filmmaker Ofra Bikel, whose reputation was challenged by her film, ‘Innocence Lost.’

“Bikel opined that the owners of the Little Rascals Day Care center were railroaded by children who made wildly incredible claims. For example, Bikel showcased the testimony of a little girl who said she’d been molested on a spaceship. When asked on cross-examination whether the spaceship was ‘real,’ the child said ‘yes.’ Bikel omitted crucial context on that. On re-direct examination about the spaceship the little girl explained that the day care center had taken the kids to a carnival and that the child had been molested on one of the spaceship rides.

“That particular story isn’t in this book, but it is packed with many like it. Even the most skeptical reader will find it difficult to deny that they were snookered by the media coverage to some extent, which means someone owes an awful lot of abused children an apology.”

– From “ ‘Witchhunt Narrative’ Retells ’80s Day Care Abuse” by Wendy Murphy at WeNews (May 23, 2014)

If you know Wendy Murphy from her frequent appearances on cable news channels, variously labeled as “legal expert,” “former sex crimes prosecutor” or “victims advocate,” then you aren’t surprised to see her so confidently weigh in on Cheit’s book. Neither are you surprised to see her so casually disdain the facts of the case. Take, for instance, her analysis of the Duke lacrosse case: “I never, ever met a false rape claim, by the way. My own statistics speak to the truth.”

See also “Why Cable News Never Punishes Liars” by Alex Pareene at Salon (Aug 12, 2010) and “The Wendy Murphy File”at Durham-in-Wonderland (Dec. 31, 2006).

So Ofra Bikel’s “reputation was challenged” by “Innocence Lost”? What does that mean? The same “Innocence Lost” that led to her winning a John Chancellor Award, a duPont-Columbia Award and an Emmy?

Murphy then cherry-picks the spaceship anecdote as if the child’s having earlier visited a carnival somehow confirms that she “had been molested on one of the spaceship rides.”

Was the carnival similarly responsible for Witness A’s testifying that Kelly put a candle and a burning flower stem in his “number two”…. that he was on a tugboat with Kelly…. that Kelly tried to shoot an apple off another child’s head….that he and the other child were hung up in a bag in a tree?….

And was it responsible for Witness B’s testifying that Kelly made him put a Magic marker in another child’s butt… that Kelly tried to push him onto a fire in the woods…. that he saw a lion and a “real bear” in the woods…. that Betsy Kelly ran around the day care brandishing a knife?…..

And what about Witness C’s testifying that Kelly put his gun in her mouth…. that Kelly gave her pills that made her sleepy….. that another day-care worker beat four babies until blood came out of their eyes?….

Must have been some carnival.

Oct. 7, 2013

“Today (in 2001), few contend that the interview techniques used at the outset of the Fells Acres child abuse investigation, in 1984, were proper and reliable. Middlesex County (Mass.) prosecutors admitted to appellate judges in the 1990s that those techniques – characterized by repeated suggestive questioning about molestation despite initial avowals by the children that nothing of that kind occurred – would not be employed today.

“In 1998, Superior Court Judge Isaac Borenstein ruled that under current Massachusetts law, the manner in which the Fells Acres children were first interrogated would have constituted grounds to have the case dismissed.

“That questioning included hundreds of taped episodes such as this:

• Pediatric interviewer (Susan J. Kelley): “Did the clown touch you?”
• Child witness: “No. …”
• Interviewer: “You said the clown took your clothes off. …”
• Child: “Yeah. …”
• Interviewer: “What happened?”
• Child: “Well, nothing really.”
• Interviewer: “Did the clown touch … Will you show me if the clown touched any part of you?”
• Child: “No, he didn’t touch me.”

“The child interviewed in the above example testified against Gerald Amirault at his 1986 trial, and believes to this day that she was molested by an ‘evil clown.’ ”

– From “Memories questioned, but victim still certain of ‘evil’…. Studies say kids can be easily led” by Tom Mashberg in the Boston Herald (July 8, 2001)

So what happens to the professional prospects of a “pediatric interviewer” whose ludicrously biased questioning led to the conviction of not only Gerald Amirault, but also his mother and sister?  In the short term, Susan J. Kelley had to endure even her prosecutorial allies disavowing her “suggestive techniques.”

Soon, however, Kelley’s career was back on track,  unimpeded by the tragedy wrought by her blindered incompetence. She has never apologized…. although her lengthy current resume does omit mention of her role in the day-care ritual-abuse hoax, either as a prosecutorial interviewer or as an academic apologist.

July 29, 2013

“Scientists at the Massachusetts Institute of Technology have developed the ability to implant mice with false memories. The memories can be easily induced and are just as strong as real memories, physiological proof of something psychologists and lawyers have known for years.

“The findings are a serious matter. According to the Innocence Project, eyewitness testimony played a role in 75 percent of guilty verdicts eventually overturned by DNA testing after people spent years in prison. Some prisoners may even have been executed due to false eyewitness testimony. It was not because the witnesses were lying. They were just wrong, said Susumu Tonegawa, a molecular biologist and the lead author in the MIT study.

“In the longest criminal trial in American history, the McMartin family, who operated a preschool in California, was charged with multiple incidents of child abuse. After seven years and $15 million in prosecution expenses, some charges were dropped and the defendants were acquitted of others when it became clear some of the accusations were based on false memories, some possibly planted by childrens’ therapists.”

– From “Scientists Produce False Memories In Mice” by Joel N. Shurkin, Inside Science News Service (July 25, 2013)

The same day’s Guardian of London adds this response from Chris French, head of the Anomalistic Psychology Research Unit at Goldsmiths, University of London:

“Memory… is a reconstructive process which involves building a specific memory from fragments of real memory traces of the original event but also possibly including information from other sources.”

“Information from other sources” – that is, from prosecution therapists – was what contaminated the memories of child witnesses in cases such as McMartin and Little Rascals.

April 24, 2015

“As was made clear repeatedly upon testimony by experts, the very first reports of the children were the ones that would be most critical in determining whether sexual abuse had indeed occurred. Yet in the first interviews, the children said almost nothing of any interest with regard to sexual abuse, and the police officer who conducted these hearings destroyed all of her notes and all of her tapes of what happened before the case went to court. She was approached by several of the mothers initially because she had taken a short course in investigating cases of child abuse.

“Officer (Brenda) Toppin was crucial to the whole process because she was the one who escalated the case from a minor complaint by one parent into a case of massive sexual abuse of dozens of children by scores of day-care workers.”

– From “Understanding The Crucible: A Student Casebook to Issues, Sources, and Historical Documents” by Claudia Durst Johnson and Vernon Johnson (1998)