Aug. 23, 2013

“Developing a mental tuning fork for the credibility of a claim, gaining an instinct for when to trust and when to doubt a source – these are two critical components of becoming a confident and effective researcher.”

– From “The Devil in the Details: Media Representation of ‘Ritual Abuse’ and Evaluation of Sources” by Barbara Fister in Studies in Media & Information Literacy Education (May 2003

Although Fister’s observation addresses the challenge of fact-finding on the Internet, it applies just as well to the interviewing of child witnesses. The poorly prepared Little Rascals prosecution therapists – and social services investigators – surely had an overabundance of confidence in their “mental tuning forks” and their “instinct for when to trust and when to doubt.” By contrast, social scientists such as Ceci and Bruck proceed with caution, not credulity.

Aug. 9, 2013

“(One) area of uncertainty is the extent to which sexual knowledge is learned by young children through exposure to either explicit or sexually suggestive materials on television, video and movies. Studies indicate that children watch from 14 to 23 hours of television a week with the highest level among preschoolers. About a third of them do so without parental involvement in what they watch.”

– From “Evidence Issues and ‘Lessons’ from State v. Kelly: Litigation of Allegations of Child Sexual Abuse” by Jeffrey L. Miller and W. Michael Spivey, presented at the 6th annual North Carolina Criminal Evidence Seminar, UNC School of Law (April 16, 1993)

Among the “suggestive materials” that aired during the early days of the Little Rascals allegations: “Do You Know the Muffin Man?”

July 11, 2012

“And what did Doctor (Mark) Everson say what to look for? A coherent package that’s consistent. You look at the behavior and what the child says…. He talked about sexual acting out, coaxing sexual behavior, masturbation, fears, and anxieties. New fears that come up that aren’t developmentally appropriate for a child that age, such as a fear of men or a particular man, changes in their personality caused by stress like regressive behavior, bed wetting, clinginess, thumb sucking.

“And as I name these, I hope that you are sitting there remembering how many of these children so far have had these kinds of behaviors.”

– From prosecutor Nancy Lamb’s closing argument in the trial of Bob Kelly

“… What could be expected for ritually abused children? That vexing question prompted everyone involved in the McMartin Preschool case to look for symptoms, and in their urgency, to mistake normal developmentally-based behaviors, quirky idiosyncrasies and even the iatrogenic effects of intimidating interviews for sequelae of ritual abuse. In this nascent moral panic, the widely circulated ‘symptom lists‘ transformed messy subjectivity into embodied and interpretable texts….”

– From “The Day Care Ritual Abuse Moral Panic” by Mary DeYoung (2004)

To day-care ritual-abuse prosecutors, what Nancy Lamb called “these kinds of behaviors” embraced everything from bed-wetting to hyperactivity to eating disorders. No dot went unconnected.

Contrary to such handy lists, however, numerous studies have found no “coherent package” of symptoms of child sexual abuse.

March 21, 2012

“In July 1993, (Tracey Cline) headed to the state’s northeast corner to work as a prosecutor in a cluster of counties near Elizabeth City. Her stint there was short-lived, just six months, and unremarkable, according to supervisors….

“ ‘I hated to see her leave….’ (former District Attorney H. P.) Williams said. ‘I would have given her a good recommendation.’ ’’

– From the News & Observer of Raleigh, February 19, 2012

Williams may have nothing to say on behalf of the innocent Little Rascals defendants, but he seems ever eager to speak well of Cline and Durham’s other epically unethical DA.