Oct. 5, 2016

Richard Wexler’s unequivocal recollection of how the American Professional Society on the Abuse of Children promoted the “satanic ritual abuse” day-care panic made me curious about what APSAC might have to say about the subject today.

I was startled to see this description of a presentation at the organization’s most recent (June 21-25) annual colloquium in New Orleans:

“From disco to pet rocks, our past is littered with things which make us wonder, what in the world were we thinking? The field of child maltreatment and interpersonal violence has certainly had its share of misguided ideas, from satanic ritual abuse hysteria to multiple personality disorder treatment centers.  How did this field get so many things so wrong?”

Sorry I missed such a provocative self-examination! [I’ll post APSAC’s video soon.]

I asked Wexler, executive director of the National Coalition for Child Protection Reform, whether sanctioning the pet rock analogy might signify APSAC’s tacit disowning of  the “satanic ritual abuse” myth.

“I wouldn’t call it disowning,” he said. “Over the years their position seems to have evolved into ‘Well, yes, some people may have been a little overzealous, but…’  At one point, even Roland Summit, in his ‘Tunnels’ article, no less, tried to cast himself as falling between two extremes in the debate.

“What they have not done, of course, is apologize to the children victimized by the McMartin madness, and withdraw the awards given to Summit and [Kee] MacFarlane.”

Nor, of course, have they apologized to the wrongfully prosecuted defendants in cases such as McMartin and Little Rascals.

Dec. 5, 2011

In this (Nov. 29) New York Times analysis of science’s ever-growing skepticism about eyewitness testimony I noticed a familiar name:

“One of the earliest and more famous experiments to demonstrate that memories are malleable was conducted by Elizabeth Loftus, a psychology professor at the University of California, Irvine, and an early pioneer of witness memory research.

“In a 1974 study published in The Journal of Verbal Learning and Verbal Behavior, (Loftus) asked participants to view films of fender-benders in which no car windows or headlights were broken. Later, the subjects who were asked how fast the cars were going when they ‘smashed’ into each other – as opposed to ‘hit’ – were more likely to report speeding and describe shattered glass they never actually saw.”

While researching a book on the Wenatchee, Washington, ritual sex abuse case (1994-95), Kathryn Lyon asked Loftus about the consequences when professionals contribute to and reinforce false memories in children.

“If you believe real child abuse has long-term deleterious consequences,” Loftus responded, “then what happens when you create a false memory of child abuse? Are you creating a victim who is also likely to have long-term troubles?

“Having a real and a pseudo memory are in many ways the same. If you create the memory, are you not creating child abuse?”

Lyon, a lawyer, spent a year in Wenatchee to write the thorough and chilling “Witch Hunt: A True Story of Social Hysteria and Abused Justice” (1998).

Sept. 8, 2014

“The aging prison population represents a national human-made epidemic decades in the making. …

“Our current trajectory is economically infeasible and morally untenable….

“Although there is no commonly agreed-upon age at which an incarcerated individual is ‘old’ – definitions range from 50 to 65 – it is clear that the number of people in prison requiring significant age-related medical care will continue to rise at a substantial rate. From 1995 to 2010, the U.S. prison population aged 55 or older nearly quadrupled….

“On average, it costs approximately twice as much to incarcerate someone aged 50 and over ($68,270) than a younger, more able-bodied individual ($34,135)….

“The elderly in prison also demonstrate a greater risk of injury, victimization, ailing health, and death than their younger counterparts….

“The phenomenon of accelerated aging, which can be attributed to the prevalence of environmental stressors coupled with a lack of access to holistic healthcare, means that the body of an incarcerated 50-year-old has a ‘physiological age’ that is 10 to 15 years older….

“The stated objectives of incarceration would suggest that correctional spending should be allocated among demographics in proportion to their public safety risk and potential for behavioral change.

“Aging adults in prison have the lowest recidivism rate and pose almost no threat to public safety. Nationwide, 43.3 percent of all released individuals recidivate within three years, while only 7 percent of those aged 50-64 are returned to prison for new convictions….”

– From “The High Costs of Low Risk: The Crisis of America’s Aging Prison Population” prepared by the Osborne Association (July 2014) (Hat tip, the New York Times)

Today is Andrew Junior Chandler’s 57th birthday. He has been in prison since he was 29 years old. Even if he were guilty – which he clearly is not – how can the State of North Carolina justify his continued incarceration?

July 11, 2014

“….  As you might imagine, I had not had reason to think about the Little Rascals case until your email arrived.  Yes, I was very interested in the case at the time, but had no role or authority to intervene. (See governor’s 1991 response to letter writers.) The arrests and charges were highly publicized, as were the proceedings of the trial, upon which the two accused were convicted.  So, like most citizens, I felt a compulsion to follow the case, at least insofar as the news coverage.

“My recollection is that both the horrible accusations and the contrary indications of coached and imaginative testimony of the children were featured in the coverage….   Being very familiar with Arthur Miller’s brilliant drama, ‘The Crucible,’ I was aware of the possibility of childish fantasy passing as falsely condemning testimony.  From a distance, most readers probably shared the concern, ‘What if it were true?’

“I do not recall whether the defense attorneys contacted my office in an appeal for clemency in 1991-1992.  Had they done so, they would have been advised that my practice was to let the appellate courts complete their judicial review before considering clemency.  This was complete in 1995 when the NC Supreme Court declined to review the finding by the Court of Appeals of trial error, at which time there would be no cause for Governor Hunt to intervene.  I have great respect for the judgment and integrity of then Chief Justice Burleigh Mitchell, and that would settle the legal principles of the matter for me.

“I can only wonder what conclusion I might have reached had the appeal for clemency been properly before me.  My approach in such cases was to meet separately with advocates on both sides, without restricting the nature or style of what they had to say.  I would make my decision based on corroborated evidence and the trial record, without following its standards for disqualifying some evidence.  I gave attention to two main standards: (a) whether the punishment was suited to the nature of the crime, and (b) whether there was doubt as to the guilt of the person convicted….

“I believe your cause is to persuade the Governor to issue a Pardon of Innocence for Bob Kelly and Dawn Wilson.  It may be difficult to produce exculpatory evidence several decades after the events.  You did not say whether Mr. Kelly and/or Ms. Wilson wish to return to that gauntlet, considering the degree to which they have restored their lives.  If they do, it would my hope that Governor McCrory and his counsel would weigh the two guidelines cited above, although no Governor is bound in clemency matters by any precedent of his predecessors.  While it can be difficult to prove a negative, it would help your cause if there were former accusers now in their thirties who have recanted the accusations of their childhood.  Otherwise, the appellate finding of procedural error alone might not be sufficient.”

– From a letter from former Gov. Jim Martin responding to my question about his recollections of the Little Rascals Day Care case

As welcome as a gubernatorial pardon would be, my hopes for the Edenton Seven are more modest:  a “statement of innocence” from the governor or attorney general similar to that given the defendants in the Duke lacrosse case.

If only the Little Rascals prosecutors had been as familiar with “The Crucible” as was the governor….