Aug. 26, 2015

In November 2012 the journal Nursing Research declined my request to retract Susan J. Kelley’s 1990 article based on the existence of “satanic ritual abuse” in day cares. The editor contended that “Conditions that would lead to a retraction are not present.”

Nursing Research having since installed a new editor, I recently tried again. This time I was able to include two important academic developments: Richard Noll’s expose of the “satanic ritual abuse” movement in Psychiatric Times and Dr. Allen Frances’ personal apology for failing to do more to challenge that movement.

This is an excerpt from the response I received from editor Susan J. Henly, professor emerita, University of Minnesota School of Nursing:

“As I understood it, your argument for retraction (of ‘Parental Stress Response to Sexual Abuse and Ritualistic Abuse of Children in Day-care Centers’) was based on the rationale that: the title embraced and promoted the existence of ritual sexual abuse in day cares that did not exist, and that not a single respected academic or professional would be willing to give credence to claims about ritualistic sexual abuse from the times during which the research was conducted.

“In response, I re-read Kelley et al. (1990) many times, reviewed background information, contacted the author, and communicated with the editor of another journal that has published papers on child sexual abuse by Dr. Kelley. Documents related to the original peer review of the Nursing Research paper are not available, and the Editor (Dr. Florence Downs) who accepted the paper is deceased.

“I searched for other papers on this topic from the 1980s to the present and did not locate any, including other original research by Dr. Kelley, that had been retracted. I discussed the methods of the research with Dr. Kelley; she verified what was stated in the paper, which I found to be in accord with expectations for scientific standards and ethical conduct of research. The editor I contacted about a related paper said the journal stood by the integrity of their review process and quality of the scholarship that had been published.

“With regards to issues related to credence of claims about ritualistic sexual abuse, Finkelhor, Williams, Burns, & Kalinowski (1988) included this sort of abuse in their national study of sexual abuse in day care. More recently, Salter (2013) provided a critical overview of debates arising from allegations of organized sexual abuse and addressed issues related to terminology. (Dr. Michael Salter is Senior Lecturer in Criminology at the University of Western Sydney). Also, a book by (Ross) Cheit (2014) summarized scholarly work that uses empirical data to challenge the view that cases from the 1980s were based on moral panic of the type described in your message. (Dr. Cheit is Professor of Political Science and Public Policy at Brown University.)

“Findings from the many papers (thousands) in the peer-reviewed literature focused on the forensic, sociological, political, family and health aspects of child sexual abuse will no doubt, with time, contribute to better understanding that can be used to keep children from harm as well as protect the rights of those wrongly accused – both issues that are of critical importance to all citizens.

“Retraction is a mechanism for correcting the literature and alerting readers to publications that contain such seriously flawed or erroneous data that their findings and conclusions cannot be relied upon (Committee on Publication Ethics, n.d.). Criteria for retraction of a paper include: clear evidence that findings were unreliable, the paper was redundant or plagiarized, or the research was conducted unethically.

“Using the process described above, I did not find evidence of any of these concerns in Kelley (1990). For this reason, the paper will not be retracted.”

Dr. Henly’s rejection letter is thoughtful and earnest, and I appreciate the time and effort it required. Some editors would’ve simply ignored me. But it is far too narrow, blindered to the big picture. This is from my response to her:

“The ‘satanic ritual abuse’ day-care moral panic is prominently in the news media these days with publication of ‘We Believe the Children: A Moral Panic in the 1980s” by Richard Beck. Unlike Ross Cheit’s revisionist “The Witch-Hunt Narrative,’ Beck’s book already has been positively reviewed in such periodicals as the New York Times (twice), the Wall Street Journal and the Washington Post. It is the long-awaited standard history of this era, and it establishes clearly that “satanic ritual abuse” was no more than a toxic myth.

“Your citations in defense of Dr. Susan J. Kelley’s article do nothing to disqualify your first criterion for retraction: ‘clear evidence that findings were unreliable.’

“The ‘ritualistic abuse of children in day-care centers’ motivating the article simply never happened – what evidence of unreliability could be clearer?

“Would Dr. Kelley today argue otherwise?”

Feb. 8, 2012

The indignities endured by Little Rascals defendants were unending and sometimes bizarre. A University of Georgia professor enlisted by the defense to conduct a penile plethysmograph reported that Bob Kelly was aroused by videotapes and slides of only normal heterosexual activity. But the prosecution’s expert countered that not every sex offender would be caught by the test.

Fearful of a clear-thinking jury, prosecutors never missed an opportunity for gratuitous vilification. Nancy Lamb histrionically held up gold-framed portraits of 12 children as she denounced Kelly as “an evil, evil man.” H.P. Williams Jr. saw “no reason he should be restored to the community at any time.”

And how’s this for a melodramatic climax, as reported by the Associated Press:

“Some of Mr. Kelly’s victims, clutching dolls and teddy bears, sat in the front row of the spectators’ section as Judge D. Marsh McLelland… passed sentence (of 12 consecutive life terms). Later, as guards escorted Mr. Kelly out of the courtroom to a police car for the trip to a state prison in Raleigh, some of the children yelled at him, ‘I hate you!’… ‘See you in a million years!’ ”

March 30, 2014

A welcome contribution to the unraveling of the “satanic ritual abuse” case against Fran and Danny Keller was this letter from Chicago psychology professor Evan Harrington dismantling the testimony of prosecution witness Randy Noblitt, a psychologist and self-described expert in ritual abuse.

Here’s how the Austin Chronicle summarized it:

“The letter, signed by 39 leading experts from across the country and around the world, presents the court with evidence not only that Noblitt was, and is, unqualified to serve as an expert at all, but also that ‘ritual abuse’ is a topic unsupported by any empirical research. Indeed, at trial the state called Noblitt to describe how the children’s allegations against the Kellers were believable and to avow that the allegations comported with ‘behaviors associated with so-called ritual abuse,’ reads the letter.

“ ‘In summary, the world portrayed by Dr. Noblitt is one in which thousands of cult abusers have infiltrated respectable society, and specifically daycare centers, in order to operate a clandestine subculture engaged in massive levels of felonious criminality,’ reads the letter. To the contrary, Harrington writes, there is not now, nor was there in the early ’90s, any mainstream support for, or scientific evidence to demonstrate, that ritual abuse is a real phenomenon. ‘In conclusion, Dr. Noblitt stated in testimony at trial that there is little controversy about his descriptions of ritual abuse,’ reads the letter. ‘This statement was not factually true in 1992, and is less true today.’ ”

I have long wondered: Why do the Ann Wolbert Burgesses, the Susan J. Kelleys, the Mark “Where there’s smoke…” Eversons and the Randy Noblitts continue onward in their careers while their victims get not even a ‘Gee, sorry, guess I was wrong’?

How do professionals, however dubiously credentialed, manage to keep their licenses and their jobs after testifying so confidently, so misleadingly and so destructively against defendants such as the Kellers and Bob Kelly?  What can be done to hold them accountable?

Dr. Harrington, who teaches at the Chicago School of Professional Psychology, says this question sometimes comes up in his class on mental health law.

“The answer, for better or worse, is ‘nothing,’ “ he says. “When you look at an ‘expert’ like Dr. James Grigson in the case of Barefoot v. Estelle, it becomes very clear that there is no remedy for dealing with bad ‘experts.’

“The best one can hope for is that sufficient scientific evidence exists to prevent such a person from getting on the stand in the first place, or that the jurors are wise enough to discard the fallacious testimony. But there really is little that can be done after the fact, except to try to exonerate those who are factually innocent.”

Grigson was a Dallas psychiatrist notorious for persuading juries that defendants deserved capital punishment.  “Dr. Death,” as he was known, was expelled from the American Psychiatric Association and the Texas Society of Psychiatric Physicians but kept his license and continued to practice.

March 7, 2012

“The one voice we most want to hear is that of Assistant District Attorney Nancy Lamb, who went after the Little Rascals defendants with the righteousness of an avenging angel.

“In refusing to speak with ‘Frontline,’ Lamb’s silence is devastating. She has the most to answer for.”

– Michael Blowen of the Boston Globe, reviewing “Innocence Lost: The Verdict”