May 1, 2013

“For several years… during which innocent people, many of whom were themselves the parents of young children, were sent to prison, the press by and large went along. ‘The horrors may only have started with sodomy, rape, oral copulation, and fondling,’ Newsweek confidently reported of the McMartin allegations in April 1984….

“Time’s account noted that a horse was slaughtered in front of the toddlers to intimidate them into silence, but the magazine neglected to ask how this messy procedure was accomplished without detection in a busy preschool in the middle of town, where parents and teachers came and went throughout the day. ‘Parents,’ Time chided, ‘were too trusting, assuming that separation anxiety was the reason their children cried when dropped off at school.”

“By the late ’80s, then, the notion that many, many day care workers went into the field only to sate their Sadean lusts for small children, and that schools were places fraught with sexual ‘stranger danger,’ and that childish innocence was under unprecedented assault from the forces of evil, had sufficient credibility to darken the nightmares of mothers and fathers across the country.”

– From “Against Innocence: The truth about child abuse and the truth about children” by Margaret Talbot in The New Republic (March 15, 1999)

“By the late ’80s…” indeed – exactly when the initial allegations were made in the Little Rascals case.

June 11, 2012

After discovering the National Registry of Exonerations, I was happy to see that it lists Little Rascals defendants Bob Kelly and Dawn Wilson, whose convictions were overturned on appeal.

But what about Betsy Kelly and Scott Privott, who both finally accepted plea deals while maintaining their innocence, and Robin Byrum, Darlene Harris and Shelley Stone, all of whom waited years for prosecutors to drop charges?

The registry, a joint project of the University of Michigan Law School and the Center on Wrongful Convictions at Northwestern University, speaks unequivocally about “a wave of child sex abuse hysteria that swept the country….

“Starting in the early 1980s, some prosecutors, therapists and child welfare workers became
convinced that child sex abuse on a massive scale was rampant in their communities. They
believed that most of the victims were too afraid or embarrassed to discuss the abuse, so they
worked to overcome this fear and reluctance by using highly suggestive, persistent and
unrelenting questioning techniques when interviewing the young children.

“It worked. Some of the children complied and accused parents, day-care workers and adult acquaintances of numerous horrifying and bizarre acts. This led to a series of extraordinary prosecutions, many involving allegations of satanic rituals.”

Unfortunately, this acknowledgment of the moral panic doesn’t earn the remaining “Edenton 5” a listing in the registry. Here’s why, according to research assistant Ted Koehler:

“For a case to count as an exoneration for our purposes, a person convicted of a crime must be declared factually innocent by a government official or organization with authority to make such a declaration.

“If this has not happened, a person can still be exonerated if the person was relieved of all consequences of the criminal conviction by a government official with proper authority, through pardon, acquittal of the charges for which the person was originally convicted, or dismissal of those same charges. In such a case, the pardon, acquittal, dismissal or posthumous exoneration must have been the result, at least in part, of evidence of innocence that either (i) was not presented at the trial at which the person was convicted; or (ii) if the person pled guilty, was not known to the defendant or to the defense attorney and the court at the time the plea was entered.

“The Edenton case was a terrible witch hunt. Regretfully, though, because they do not meet the criteria above, Kelly’s and Privott’s guilty pleas and the dropped charges against Byrum, Stone, and Harris do not fit our definition of an exoneration, and are not listed on the registry for that reason.”

I understand the registry’s need to set the bar so high. But what a curious twist that the defendants’ only hope for exoneration lies with the same state that so unjustly prosecuted them.

May 16, 2012

“The researcher-therapist gap came to public attention because of three psychological epidemics, which spread like wildfire during the 1980s and ’90s: recovered memory, multiple-personality disorder and sex-abuse allegations at day-care centers. Each phenomenon was supported by clinical opinion; each has been discredited by empirical research.

“Of course, research never provides ‘the’ answer in a case; and, of course, clinical opinion is sometimes correct. But research does provide ways of correcting biases and testing assumptions. For example, the day-care scandals, from the McMartin case in California to Margaret Kelly Michaels in New Jersey to the Amiraults in Massachusetts, were perpetuated by therapists who testified that children never lie about sexual abuse and aren’t curious about sex unless they have been molested, that masturbation is a sign of sexual abuse and that abuse can be diagnosed by observing how children play with anatomically correct dolls. But each claim has been disproved by research on the cognitive abilities of children, on factors that increase suggestibility, on the normalcy of masturbation and sex play among children and on the way nonabused children play with the dolls….

“The researcher-therapist gap has been institutionalized by the rapid rise of free-standing schools of therapy not connected to university psychology departments. Graduates of these schools typically learn only to do therapy and seldom learn about other areas of psychology relevant to their work – like the limitations of hypnosis, the fallibility of memory or the normal process of suggestion in therapy.”

– From “A Widening Gulf Splits Lab and Couch” by Carol Tavris
in the New York Times (June 21, 1998)

Oct. 2, 2013

“…It’s understandable that this week’s conviction of former day-care center owner Robert Fulton Kelly Jr. in Farmville, N.C., is being hailed as a breakthrough…. The conviction  increases public awareness of child abuse, serves notice that children should be taken seriously when they show signs of abuse, and calls attention to improved methods of handling such prosecutions.

“Since another long and costly child abuse case at a California day-care center nearly a decade ago that ended less conclusively than the one in North Carolina, prosecutors have learned much. They have learned how to question children without prompting them, have developed better investigative methods, and have improved the coordination between different agencies.

“But that’s not enough. Parents need to be more alert to detecting possible child abuse and more careful about picking safe, responsible day care centers. Despite this week’s conviction… it would be wrong and unfair to conclude that many day-care workers are degenerates.”

– From “How to Guard Against Child Abuse” in the Deseret News of Salt Lake City (April 25 1992)

During the era of day-care ritual-abuse allegations, most newspaper editorials managed to maintain at least a modicum of skepticism. Not this one – unless you count the Deseret News’ acknowledging a modicum of doubt “that many day-care workers are degenerates.”