Aug. 20, 2012

Endlessly fascinating – and baffling – is how some experts fell headlong for “satanic ritual abuse,” while others managed to keep their wits. This is from an April 25, 1989, Associated Press story:

“David G. Bromley, a sociologist at Virginia Commonwealth University in Richmond, Va., sees not an increase in satanic crime, but a ‘cult scare’ that has more to do with urban legends and modern psychology than with criminology.

“‘I think it’s all a hoax,’ says Bromley, who investigated allegations of cult ‘brainwashing’ in the 1970s that were never proven.

“Bromley says rumors about rings of adults who start day care centers to find children to abuse in satanic rituals are ‘sheer fantasy’ – but fantasy fed by reports of real child abuse and by today’s parents’ guilt and fears of entrusting their children to strangers.

“‘It is not coincidental that allegations of satanic conspiracies are centered on day care centers,’ he says.”

April 25, 1989! Bob Kelly was attending his probable cause hearing. The first McMartin trial was still ongoing. Stephen Ceci and Maggie Bruck were six years from publishing their landmark “Jeopardy in the Courtroom: A Scientific Analysis of Children’s Testimony.” So how was David Bromley able to see through the fog?

“This kind of ‘subversion episode’ is not new,” he told me recently. “There has been one every few decades in American history. The focus has changed but not the phenomenon. Indian captivity tales, Salem witch trials, drug scares, communist scares, immigrant scares, UFO scares.

“There has always been some group or coalition that has found social insecurities a way of advancing its own status. In this case police and therapists made careers out of the episode.

“The story was only plausible for a limited period, and these kinds of events tend to implode eventually. But there are a lot of casualties in the meantime.

“It will happen again, I am sorry to say.”

And when it does…?

July 15, 2014

“I realize I’m a little flip when I say 80 percent of the evidence is trash, but it is.

“I thought sooner or later some editorialist was going to write, ‘That sorry judge should have done something.’ And yet if I stopped it, it would have been a problem in an appeal….”

– Judge Marsh McLelland, in an interview published April 1, 1992, in the Greensboro News & Record, shortly after the jury began deliberations in the trial of Bob Kelly

Given that McLelland had been overseeing the Kelly case for more than 17 months – and still had Dawn Wilson’s trial ahead of him – I suppose he deserved to grumble a bit about the tedium.

But what an odd comment about wanting to avoid “a problem in an appeal” – did he believe only the defense was responsible for producing “trash” evidence?

July 29, 2013

“Scientists at the Massachusetts Institute of Technology have developed the ability to implant mice with false memories. The memories can be easily induced and are just as strong as real memories, physiological proof of something psychologists and lawyers have known for years.

“The findings are a serious matter. According to the Innocence Project, eyewitness testimony played a role in 75 percent of guilty verdicts eventually overturned by DNA testing after people spent years in prison. Some prisoners may even have been executed due to false eyewitness testimony. It was not because the witnesses were lying. They were just wrong, said Susumu Tonegawa, a molecular biologist and the lead author in the MIT study.

“In the longest criminal trial in American history, the McMartin family, who operated a preschool in California, was charged with multiple incidents of child abuse. After seven years and $15 million in prosecution expenses, some charges were dropped and the defendants were acquitted of others when it became clear some of the accusations were based on false memories, some possibly planted by childrens’ therapists.”

– From “Scientists Produce False Memories In Mice” by Joel N. Shurkin, Inside Science News Service (July 25, 2013)

The same day’s Guardian of London adds this response from Chris French, head of the Anomalistic Psychology Research Unit at Goldsmiths, University of London:

“Memory… is a reconstructive process which involves building a specific memory from fragments of real memory traces of the original event but also possibly including information from other sources.”

“Information from other sources” – that is, from prosecution therapists – was what contaminated the memories of child witnesses in cases such as McMartin and Little Rascals.

Oct. 10, 2012

“This case arose during the height of the Child Sexual Abuse Hysteria of the 1980s and 1990s. The McMartin Preschool case, perhaps the most famous such case, was being tried in California at the same time this case was being tried in North Carolina. The prosecution team in this case was led by two members of the Attorney General’s staff who were to prosecute Robert Kelly four years later in the Little Rascals Day Care case.

“The state’s theory was that Junior Chandler, a bus driver for a county day care, would drive off his route to a parking area next to the French Broad River, strip the clothes off the toddlers, troop the naked children down to the river, put them on a rowboat, proceed to insert various objects into their anuses and vaginas, bring them back to the bus, put their clothes back on and deliver them home.

“This theory was the culmination of an investigation that began when one of the children came home one day and announced to her mother ‘we’ve been f***ing.’ Prior to that, there had been no indication of any problems with the children, the day care or Junior. However, fueled by the concern of anxious parents and well-meaning child advocates, this comment morphed into bizarre allegations of widespread sadistic abuse at the hands of several adults, including Junior….”

“Junior Chandler is serving his 26th year in prison, based largely on incredible claims from preschoolers, as elaborated upon and vouched for by six prosecution witnesses. Many defendants in this state have been awarded new trials for far less damaging testimony. Most of the victims of the Child Sexual Abuse Hysteria from around the country, Virginia McMartin, Kelly Michaels, Dale Akiki, Bob Kelly, the Amiraults, etc., have regained their freedom…. Junior Chandler deserves the same relief.”

– From Junior Chandler’s amended petition for writ of certiorari, denied last week by the North Carolina Supreme Court