Dec. 2, 2011

“Videotaped interviews made during the early cases (alleging day care ritual sex abuse) show that when children were allowed to speak freely, either they had nothing to say about abuse or they denied it ever happened to them.

“Once it became obvious that these records would prevent guilty verdicts, prosecutors began advising investigators not to keep tapes or detailed notes of their work.”

– From “Satan’s Silence: Ritual Abuse and the Making of a Modern American Witch Hunt” by Debbie Nathan and Michael Snedeker (1995)

Perhaps the most significant difference in the two largest abuse trials was that McMartin defense attorneys were able to expose to jurors the prosecution therapists’ manipulative interview techniques, while Little Rascals attorneys were stymied by the premeditated unavailability of original documentation.

“After Bob Kelly’s indictment,” according to an article in the ABA Journal, “Bill Hart, a North Carolina deputy attorney general assigned to the case, traveled to Los Angeles to consult with McMartin prosecutors.

“He learned that McMartin jurors had criticized videotapes of therapist Kee McFarlane’s interviews with the children. She asked leading questions and rebuked children who did not tell of abuse….”

Hart could have brought back to North Carolina the lesson that interviewers shouldn’t “(ask) leading questions and (rebuke) children who did not tell of abuse.” Instead, he brought back the lesson that interviewers should leave no evidence of having used exactly those fraudulent techniques.

Dec. 7, 2016

“If you do a Google search right now for ‘McMartin preschool tunnels,’ you will be inundated with ‘studies’ and ‘reports’ that ‘prove’ the tunnels did exist, and that the lurid fictions prompted out of the children by ambitious social workers were therefore true. Nothing dies on the Internet, not even the most arrant lunacy….

“One of [Donald Trump’s] primary surrogates, Scottie Nell Hughes, told an NPR panel that ‘There’s no such thing, unfortunately, anymore as facts.’ But we have not ‘entered’ an age of post-truth politics. We’ve been living in it for years. The Executive Branch of the government just has been slow to catch up. Now, it’s right there with the rest of us, god help the country. We’re all just the children of McMartin now. We’ll say anything we’re told until we come to believe it ourselves.”

– From “America Was Always a Nation of Conspiracy Theorists. Now, They’re Simply More Dangerous: Lessons from Pizzagate” by Charles P. Pierce in Esquire (Dec. 5)

Jan. 6, 2016

“Many fans of (the hit Netflix documentary) Making a Murderer, which sheds light on questionable conduct by prosecutors and police involved in (Steven) Avery’s conviction, view the 53-year-old’s imprisonment as a miscarriage of justice and petitioned President Obama to pardon Avery. The online petitions have garnered more than 200,000 signatures.

“There’s just one problem: Avery is a state prisoner convicted under state law. The president only has the constitutional power to pardon or commute sentences in the federal system.

“Fans of Making a Murderer who believe Avery deserves clemency should consider signing this petition addressed to Wisconsin Gov. Scott Walker, which has so far been signed by just 1,033 people….”

– From “Hey, Making a Murderer Fans: Obama Can’t Pardon Steven Avery” by Leon Neyfakh at Slate (Jan. 4)

Junior Chandler’s application for gubernatorial clemency was rejected in 2014 and isn’t eligible for reconsideration until March 25, 2017.

But those who believe almost 30 years in prison is adequate punishment for a nonexistent crime may express their opinion by writing

Executive Clemency Office
4294 Mail Service Center
Raleigh NC 27699-4294

Meanwhile, the Duke Wrongful Convictions Clinic continues to investigate Chandler’s case.

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.