Feb. 20, 2015

“Exonerations, which were once exceedingly rare, have become regular features of the American justice system. The National Registry of Exonerations records 1,535 exonerations nationwide (including Bob Kelly and Dawn Wilson) since records began in 1989….

“The 125 wrongful convictions thrown out in 2014… might seem paltry compared to the estimated 1 million felony convictions per year, but the number of wrongful convictions is likely far higher. Many jurisdictions don’t devote the same level of resources towards exonerations that North Carolina does (with its Innocence Inquiry Commission), and even then the process can be achingly slow.

“For a justice system that exalts due process and the presumption of innocence, any wrongful conviction represents a serious breakdown of justice. Even a handful of high-profile wrongful convictions can ripple throughout the public consciousness, undermining confidence in the system. ‘The country is having to psychically cope with conclusive evidence that we make, with some regularity, errors in criminal trial outcomes,’  said (Mary Kelly Tate, director of the University of Richmond law school’s Institute for Actual Innocence).”

– From “Guilty, Then Proven Innocent” by Matt Ford at The Atlantic (Feb. 9)

Dec. 14, 2011

Among the leaders of the Committee for Support of the Edenton Seven was Doug Wiik, whose own Breezy Point Day School in Bucks County, Pennsylvania, had just been cleared of similar abuse accusations. I asked him to compare the two cases.

“I remember that Barbara Fleischman, a dear friend who had moved to North Carolina from Bucks County, called to let me know that the child abuse contagion had reared its head in Edenton.

“Having been deeply affected by my personal experience, I felt the need to reach out. I read about Raymond Lawrence’s formation of the Edenton Seven committee, and after several discussions with him and Dee Swain (a fuel dealer in Washington, N.C.) I was truly inspired to do what I could. I was gratified to find individuals who would fight the injustice being perpetrated upon the Kellys.

“The eventual outcome in Little Rascals was the correct one, but the damage done to many individuals was enormous. We all have a list of heroes in our lives, and Bob Kelly and Dawn Wilson certainly were added to mine. Both stood firm in speaking truth to a community that lacked leadership in politics and law enforcement….

“The Edenton case and my own were just two of many produced by the 1980s culture. It happened in Salem 300 years ago, and it will happen again some day.

“So why did my child care business survive, when so many others didn’t?

“We had the exact same claims of horrors perpetrated against children. We had the same media coverage that initially proclaimed ʻChildren don’t lie.ʼ We had the same overzealous child abuse investigators from the county Department of Children and Youth Services. We had the identical mass hysteria.

“But we also had leadership! District Attorney Alan Rubenstein was a seeker of justice, not political gain. He conducted a long, expensive criminal investigation, one that branded the parents’ and children’s claims as false and reckless.

“I’d also be remiss if I didn’t mention my employees and our parent community, who all knew nothing had happened at Breezy Point. They went on camera, wrote letters to editors and participated in several large meetings answering all questions about our school.

“My experience lasted five or six years, caused lots of heartache and did much financial damage. However, Breezy Point Day School still opens at 7 a.m. and closes at 6 p.m. every day and is still filled with several hundred happy children, parents and staff.

“It’s a shame Bob and Betsy Kelly chose Edenton, North Carolina, to open a child care business and not Bucks County, Pennsylvania.”

●   ●   ●

Later this week I’ll post excerpts from the DA’s 1990 investigative report, along with a few of his recollections (he’s now a judge).

May 10, 2014

“The failure to obtain convictions (in the McMartin Preschool case) combined with massive press coverage during and after, which ‘taught’ the American public various ‘lessons’ about child sex abuse, from child suggestibility to the notion that one must guard against ‘hysteria’ on such issues.

“The Witch-Hunt Narrative (by Ross Cheit) examines the evidence in the McMartin case as well as other widely reported cases, and gathers other sources on the phenomenon, to conclude that the McMartin case and reporting led to a paradigm of treating charges of abuse as a witch hunt rather than legitimate. This book goes a long way to debunk the paradigm, because there was compelling evidence for conviction….”

– From “Book of the Week” by Marci Hamilton at Hamilton and Griffin on Rights

Are we now witnessing the beginning of a belated backlash to the backlash over the “satanic ritual abuse” prosecutions? Contrary to Professor Hamilton’s enthusiastic review, Ross Cheit’s 544-page tome is riddled with inaccuracies, distortions and a shocking number of crucial omissions. Fortunately Debbie Nathan and the National Center for Reason and Justice have responded with a devastating point-by-point refutation – about which more later….

Update: I asked Hamilton, who teaches at Benjamin N. Cardozo Law School, Yeshiva University, to read Nathan’s piece and reconsider. Her response: “We will have to agree to disagree.”

June 13, 2012

“Actually, making a false memory is pretty easy.

“(Psychologist Elizabeth) Loftus describes a father convincing his daughter she’d gotten lost in a mall when she was five years old. At first, the daughter denied any memory of the event, but as the father provided more fake details – ‘Don’t you remember that I told you we would meet at the Tug Boat?’ – the daughter began to ‘remember’ and even provide details of her own. Eventually when her father said, ‘I was so scared,’ she responded, ‘Not as scared as I was!’…

“You can probably imagine the implications of false memory in the courtroom or on the therapist’s couch (which famously leads to the courtroom)….”

– From “How You Remember, How You Decide: Memory Part II”
by Garth Sundem in Psychology Today (October 6, 2010)