Aug. 15, 2012

The North Carolina Supreme Court won’t release its next batch of opinions until August 24, but its recent decision on a 2009 child sex abuse case could augur well for Junior Chandler.

On June 14 the court upheld the North Carolina Court of Appeals’ overturning of Patrick Loren Towe’s conviction in Surry County. Here’s the crucial part of the opinion:

“Under the North Carolina Rules of Evidence, a qualified expert may testify as to her opinion in her field of expertise if the testimony will assist the jury in understanding the evidence. An expert may not, however, testify as to the witness’s credibility or state that she believes the defendant is guilty.

“In sexual abuse cases involving child victims, an expert may not testify that sexual abuse has occurred without physical evidence supporting her opinion. An expert may not testify that the child has been ‘sexually abused’ if the testimony is based solely on the interview with the child-victim.”

In Patrick Towe’s case, only one expert witness so testified – in Junior Chandler’s it was six.

Without such a parade of “expert vouching,” Junior surely would have spent the past 25 years back home in Madison County instead of behind bars. How can the North Carolina Supreme Court now fail to acknowledge this?

Feb. 5, 2015

“I was involved in this (McMartin Preschool) case. I remember getting dropped off at court-ordered therapy. I don’t remember the sessions, but I have seen the macabre pictures I drew. I have read the accounts the therapist wrote down for me as I detailed the abuse.

“It is my belief, after years of treatment centers and therapy, that nothing physical happened to me…. Mentally, well, that’s a different story. How about paying attention to the kids that were scarred from this therapy? Do you think that just because there was most likely no physical abuse that we didn’t still suffer? Eating disorders, alcoholism, depression, anxiety….

“I lived in fabricated fear. I have a vivid memory of one teacher telling us that she would come to our house in the middle of the night and shoot our parents if we ever told them what happened. This memory, which I now assume was a dream, was the one thing that kept me questioning for years whether or not this happened. So, while I now believe that the memories were unintentionally implanted, I still lived the nightmare through stories and drawings…”

– From “The Trial That Unleashed Hysteria Over Child Abuse” in the New York Times (March 9, 2014)  

Although I linked to Clyde Haberman’s thorough and perceptive piece when it appeared, I’m just now noticing that among the 166 reader comments was this one above from a “therapy…scarred” McMartin child. Unfortunately, it was posted anonymously – so continues the long wait for now-grown child-witnesses (other than Kyle Zirpolo) ready to go public with their recollections.

Jan. 8, 2018

“Because [this movement] was about sex and children, hysteria was not far behind. Before long, an industry of feminist and Christian therapists and self-help writers were claiming that virtually every behavioral quirk or emotional trouble could be traced to sexual abuse, even if – especially if – the alleged victim did not remember it. ‘If you think you were abused and your life shows the symptoms, then you were,’ wrote poet Ellen Bass and journalist Laura Davis in their massive bestseller The Courage to Heal  (1988). The symptom checklists in it and similar books include everything from arthritis to feeling ugly. Bass’s book launched a battery of unscientific ‘therapeutic’ and forensic interviewing techniques to extract false and ‘recovered’ memories of sexual depredation. …

“A new crusade marched under the banner ‘Believe the Children.’ With the sketchiest of evidence or none at all, child protective agencies removed kids from their parents. Credulous juries sent day-care workers to prison on charges of ‘satanic ritual abuse.’ Adults denounced their aging parents, guilty of nothing more than imperfect love, as sadistic rapists. It took only one accusation to ruin a person’s life. Bus drivers, babysitters, divorcing fathers, and boyfriends at the wrong end of a grudge lost jobs, families, and reputations with one accusation, one newspaper item. In its review of exonerations from 1989 to 2012, the National Registry of Exonerations reported that among convictions for crimes that never occurred, over half involved child sexual abuse: ‘Two-thirds of these cases were generated in a wave of child sexual abuse hysteria that swept the country three decades ago.”

– From “Will Feminism’s Past Mistakes Haunt #MeToo?” (Dec. 8) by Judith Levine in Boston Review

July 26, 2013

Rereading appellate defender Mark Montgomery’s thunderously compelling brief on behalf of Bob Kelly always delivers something I had either passed over earlier or forgotten. This time it was that

“(Jimmy) and Nancy Smith also declined to have their son Judson evaluated by one of the four therapists who saw the other children. By the time of trial, both Mr. and Ms. Smith had been accused by several children as having participated in the abuse. (One of the child-witnesses) said of Nancy Smith, ‘She’s Miss Betsy’s sister, so she must be mean.’ ”

The Smiths’ close call highlights once again the terrible randomness of the Little Rascals prosecutors’ accusation process.

How challenging the prosecutors’ decision-making must have been: Which child-witness had been adequately manipulated, and which couldn’t be counted on to earnestly describe the sharks, the butcher knives and the dead babies? Which innocent adult was vulnerable, and which might strike jurors as just too unlikely a serial ritual-abuser?

Nancy Smith (Barrow) recalls today that “I had NO idea I had been accused until working with (defense attorneys) Mike Spivey and Jeff Miller for Bob’s trial.  I happened to read some notes from police interviews and saw my name more than once….

“No member of my family – mother, father, Laura, Leslie, or Judson – was ever interviewed by police or prosecutors.  Jimmy and I talked with Brenda Toppin one afternoon in her office.  She only wanted to know about the state of Bob and Betsy’s marriage.”