June 28, 2013

“Children can lie, but research shows that they do not fabricate detailed descriptions of adult sexual acts unless they have experienced or witnessed them. Studies also show that children have good memories and that even preschoolers can remember key events like sexual abuse. One problem is that repeatedly molested children have great difficulty distinguishing one act of abuse from another and linking abuse to specific dates….

“In the McMartin case, we learned… to minimize the use of leading questions during interviews…. While the verdict comes as a disappointment to the children in the case, their courage and willingness to testify for weeks on end has been a catalyst for change that will protect countless other children.”

– From Believe the Children adviser Civia Tamarkin’s interview with John E. B. Myers, professor at McGeorge School of Law, University of the Pacific, in “The McMartin Nightmare” (People magazine, Feb. 5, 1990)

As his faculty bio notes, Professor Myers has long been “one of the country’s foremost authorities on child abuse,” especially in tracing its historical context, but he seems to have been excruciatingly slow to recognize the fraudulence of  “satanic ritual abuse” claims. Although he stopped short of declaring the McMartins guilty, Myers clearly stationed himself in the “child saver” camp, more sympathetic toward serial interviewer Kee MacFarlane than toward the defendants whose lives she devastated.

In a journal article five years later, Myers would acknowledge “growing skepticism regarding children’s credibility,” at the same time warning of a “real danger that the pendulum will swing too far in the direction of disbelief.”

More recently, Myers addressed McMartin in “Child Protection in America: Past, Present, and Future” (2006), crediting it with raising the standard for interviewing, but concluding that “In the final analysis, we will never know what happened at the McMartin Preschool. From the outset, the case divided people into ‘true believers’ and skeptics….”

In “The Backlash: Child Protection Under Fire” (1994) Myers had added a most curious footnote: “I have no opinion regarding the guilt or innocence of any of the McMartin defendants.” How could he – a law professor! – acknowledge the corruption of the child-witnesses’ testimony, yet doubt the defendants deserved a “not guilty” verdict?

Almost 20 years later, I wondered whether Myers might have formed an opinion.

His emailed response: “No idea about guilt or innocence.”

May 10, 2016

“Assistant District Attorney Nancy Lamb once said, ‘The goal of the prosecution is to seek justice.’

“If the defendants were guilty, the prosecution failed.

“If the defendants were innocent, the prosecution failed.

“The prosecution failed at everything but taking years from people’s lives, ruining their reputations, breaking up their marriages, dividing the people of a small town, wasting more than $1 million of the taxpayers’ money and smearing North Carolina’s reputation.”

– From “ ‘Rascals’ debacle ends, but damage is done,” an editorial in the Wilmington Morning Star (Sept. 27, 1999) after prosecutors dropped the last charges against Bob Kelly

Jan. 25, 2012

I’ve heard again from the anonymous caller who responded to my ad in the Elizabeth City Advance addressing children involved in the Little Rascals case.

The caller reiterated her certainty that she had been sexually abused by Bob Kelly, but – to my shock – she expressed doubts about the degree of involvement of other defendants, especially the young women who worked at the day care.

“I don’t hold any grudges against them,” she said. “I think he made them do whatever they did – it wasn’t on their own.”

Why then would these women choose to stay imprisoned, when testifying against Bob Kelly would’ve won them instant freedom?

“They were scared of him,” she said.

Does that seem probable? Or even conceivable?

Robin Byrum, 19 when she was arrested, spent almost a year in jail before her bond was reduced from $500,000 to $200,000. Meanwhile, her husband took care of their 7-month-old son.

In “Innocence Lost: The Plea” (1997), Byrum explained why she had been tempted by but repeatedly refused the prosecutors’ deal: “…. I would not ever have to be separated from my child again. But then I’d have to live with the rest of my life that I (said I) did something when I didn’t do it.”

July 22, 2016

“FARMVILLE, N.C. – Farmville’s only courtroom has never played host to a felony trial. This week, the town’s 4,000 residents will watch a parade of jurors, lawyers, psychologists, parents and children converge on that courtroom. There, they will unfold what may be the largest child sexual abuse trial this country has ever seen: the trial of Robert F. Kelly Jr. of Edenton.

“The trial was moved to this one-blink community in Pitt County, 65 miles west of Edenton in Eastern North Carolina, because of pretrial publicity.

“But the spotlight will find Farmville, if not for the unprecedented number of sexual abuse indictments, then for the sordid nature of the charges. And if not for that, then for the impact the trial – expected to last three to four months – could have on future large-scale child-abuse prosecutions.

“Jury selection is scheduled to start today….”

– From “Witnesses, jurors, lawyers mass for sexual-abuse trial” by Knight-Ridder News Service in the Baltimore Sun (July 22, 1991)

In fact, the trial would last nine months, not three or four.  Although prosecutors won initial convictions of both Kelly and Dawn Wilson, for whatever reasons – surely including the eye-opening effects of Ofra Bikel’s “Innocence Lost” trilogy – the nation was spared “future large-scale child-abuse prosecutions.”