Aug. 7, 2013

“After (the first episode of “Innocence Lost” aired in 1991), letters and phone calls poured into the mayor’s office.

“ ‘Dear Mayor: Thank God I don’t live in Edenton. It’s full of witches…..’

“ ‘Dear Mayor: I suppose since lynching Negroes is verboten, the next best thing is for Southerners to cannibalize each other….’

“John Dowd, Edenton’s mayor at the time, is trying to correct some of the damage done to the town’s reputation….

“Many reporters have wanted to know: ‘Will Edenton be able to heal from this?’ The question is a little too touchy-feely for some residents, too intimate and much too insincere. Dowd replies, ‘Hell, we’ve recovered from the Civil War, from World War II.’ Then, dryly: ‘Yeah, I think we’ll recover from this.’ ”

– From “Little Town of Horrors” by Kathy Dobie in McCall’s (June 1992)

The Civil War, World War II and the Little Rascals Day Care case? The mayor’s resolve was apparent, if not his logic – but that was true for the whole case, wasn’t it?

March 30, 2014

A welcome contribution to the unraveling of the “satanic ritual abuse” case against Fran and Danny Keller was this letter from Chicago psychology professor Evan Harrington dismantling the testimony of prosecution witness Randy Noblitt, a psychologist and self-described expert in ritual abuse.

Here’s how the Austin Chronicle summarized it:

“The letter, signed by 39 leading experts from across the country and around the world, presents the court with evidence not only that Noblitt was, and is, unqualified to serve as an expert at all, but also that ‘ritual abuse’ is a topic unsupported by any empirical research. Indeed, at trial the state called Noblitt to describe how the children’s allegations against the Kellers were believable and to avow that the allegations comported with ‘behaviors associated with so-called ritual abuse,’ reads the letter.

“ ‘In summary, the world portrayed by Dr. Noblitt is one in which thousands of cult abusers have infiltrated respectable society, and specifically daycare centers, in order to operate a clandestine subculture engaged in massive levels of felonious criminality,’ reads the letter. To the contrary, Harrington writes, there is not now, nor was there in the early ’90s, any mainstream support for, or scientific evidence to demonstrate, that ritual abuse is a real phenomenon. ‘In conclusion, Dr. Noblitt stated in testimony at trial that there is little controversy about his descriptions of ritual abuse,’ reads the letter. ‘This statement was not factually true in 1992, and is less true today.’ ”

I have long wondered: Why do the Ann Wolbert Burgesses, the Susan J. Kelleys, the Mark “Where there’s smoke…” Eversons and the Randy Noblitts continue onward in their careers while their victims get not even a ‘Gee, sorry, guess I was wrong’?

How do professionals, however dubiously credentialed, manage to keep their licenses and their jobs after testifying so confidently, so misleadingly and so destructively against defendants such as the Kellers and Bob Kelly?  What can be done to hold them accountable?

Dr. Harrington, who teaches at the Chicago School of Professional Psychology, says this question sometimes comes up in his class on mental health law.

“The answer, for better or worse, is ‘nothing,’ “ he says. “When you look at an ‘expert’ like Dr. James Grigson in the case of Barefoot v. Estelle, it becomes very clear that there is no remedy for dealing with bad ‘experts.’

“The best one can hope for is that sufficient scientific evidence exists to prevent such a person from getting on the stand in the first place, or that the jurors are wise enough to discard the fallacious testimony. But there really is little that can be done after the fact, except to try to exonerate those who are factually innocent.”

Grigson was a Dallas psychiatrist notorious for persuading juries that defendants deserved capital punishment.  “Dr. Death,” as he was known, was expelled from the American Psychiatric Association and the Texas Society of Psychiatric Physicians but kept his license and continued to practice.

Jan. 11, 2012

“It’s worth remembering, in the 1980s we had a whole spate of false accusations of… sexual abuse of children. The McMartin Preschool, all those supposed satanic cults in day care centers, turned out to be false…. It’s worth it to remind people of that.”

– Legal analyst Jeffrey Toobin, interviewed on CNN (Nov. 15) about the Penn State case

In fact, deep distinctions separate Penn State and the “multi-victim, multi-offender” – MVMO, in the sex-crime argot – accusations typified by McMartin and Little Rascals.

Since 1995, Ontario Consultants on Religious Tolerance has investigated 40 alleged MVMOs at 24 locations around the world. Number of substantiated instances of ritual abuse: zero.

According to its research, “Any criminal acts were non-ritual abuse by a single perpetrator… Almost all the crimes with which people were charged never happened.”

Regardless, Toobin’s reminder is a welcome counterpoint to the Judge Nancy Grace school of instant verdicts.

Jan. 31, 2015

“ ‘You need to try to rectify whatever error you made,’ says Santa Clara County, California, Special Assistant District Attorney David Angel. ‘But it needs to really shift from this kind of highly moralistic, punitive view. Maybe it’s a cause for embarrassment, but it’s not a cause for shame.’

“He believes prosecutors have drawn the short straw in language, noting that defense attorneys who err are called ‘ineffective’ and judges are ‘reversed,’ while prosecutorial error alone is labeled ‘misconduct,’ with all the attendant negative connotations.

“Angel believes that most prosecutors are willing to admit to mistakes but that ‘people are very hesitant to admit to something that’s called “misconduct,” because it makes you feel like you did something morally wrong.’ ”

– From “Why can’t law enforcement admit their mistakes?” by Sue Russell at Pacific Standard (via Salon, Oct. 21, 2012)

The concept becomes trickier, however, the longer prosecutors cling to their fallacious and costly narratives. At some point – oh, let’s say 25 years later – might “mistakes” have toxified into “misconduct”?