Jan. 9, 2013

“One question that arises from studies on children’s suggestibility is whether they document false memories or merely false reports. Do children really believe that the fictional events happened? Or do they merely say so to please the interviewers?

“Consistent with the false memory interpretation, approximately one-third of the children in these studies continued to insist that particular events had really happened to them even after they were told those events were not real….

“Lacking any obvious motivation to lie, these children appeared to have developed false memories, perhaps confusing the products of their repeated attempts to visualize the events with the products of direct experience….

“Professionals were no better than chance at discriminating false from true reports. The credibility of a child’s account was related to the amount of perceptual detail mentioned in the child’s narrative. The more details, the more professional tended to believe the narrative, regardless of whether it was true.”

– From “Remembering Trauma” by Richard J. McNally (2003)

To better understand how the Little Rascals therapists went so wildly astray, give that last paragraph a second reading. “Professionals were no better than chance at discriminating false from true reports” – and they were mesmerized by the “perceptual detail” in those tales of sharks and spaceships.

Aug. 15, 2012

The North Carolina Supreme Court won’t release its next batch of opinions until August 24, but its recent decision on a 2009 child sex abuse case could augur well for Junior Chandler.

On June 14 the court upheld the North Carolina Court of Appeals’ overturning of Patrick Loren Towe’s conviction in Surry County. Here’s the crucial part of the opinion:

“Under the North Carolina Rules of Evidence, a qualified expert may testify as to her opinion in her field of expertise if the testimony will assist the jury in understanding the evidence. An expert may not, however, testify as to the witness’s credibility or state that she believes the defendant is guilty.

“In sexual abuse cases involving child victims, an expert may not testify that sexual abuse has occurred without physical evidence supporting her opinion. An expert may not testify that the child has been ‘sexually abused’ if the testimony is based solely on the interview with the child-victim.”

In Patrick Towe’s case, only one expert witness so testified – in Junior Chandler’s it was six.

Without such a parade of “expert vouching,” Junior surely would have spent the past 25 years back home in Madison County instead of behind bars. How can the North Carolina Supreme Court now fail to acknowledge this?

April 17, 2013

“One day you will stand before almighty God and be accountable for that which you have done here on Earth, and no amount of lies and manipulation, no ‘Frontline’ presentation will be able to hide the truth from him. He knows every sordid detail and I pity you for that.”

– From a statement read by Little Rascals parent Susan Small at the plea-agreement hearing of Scott Privott (June 16, 1994)

On the scale of responsibility for brutalizing the Edenton Seven, the panicked, misinformed parents may rank as least culpable. They were neither demagoguing public servants (the prosecutors) nor overreaching professionals (the therapists). Even so, Susan Small’s tirade seemed gratuitously vitriolic – as if her own beliefs might have needed reinforcing?

I asked Scott Privott what it felt like being on the receiving end that day in the courtroom.

“I almost got up and told her to shut the hell up and that I would let the state put me on trial,” he said. “I thought to myself that I was glad God would judge me and not her and her pathetic cohorts.”

Scott’s recollection of his earlier knowledge of Susan Small highlights the Lilliputian stage on which the sprawling Little Rascals drama played out:

“I was in college with Susan Small’s husband, Morris; in fact, Morris and I used to ride together from Edenton to Elizabeth City to attend classes at the College of the Albemarle. Susan was at the college too, but I didn’t know her that well. Morris was my banker at the time of my arrest.”

A third member of the car pool: Jay Swicegood, another accusing parent.

“I am not like some of those who’ve been falsely accused and hold no ill feelings,” Scott says. “I have plenty of ill feelings, and I do not for one moment wish them any good tidings.”

Idle thought: Might it mitigate Scott’s bitterness if someone – anyone! – who participated in putting him behind bars for three years and eight months had the courage to apologize?

March 28, 2012

Had North Carolina prosecutors been interested in anything other than racking up convictions, they would’ve given earnest consideration to analyses such as this one in the Los Angeles Times in 1990, barely a week after a jury returned not guilty verdicts in the McMartin Pre-School case:

“Experts across the country say the interview techniques intended to extract the truth from youngsters who attended the Manhattan Beach nursery school were so misguided as to make the children seem coerced, rehearsed and ultimately unbelievable to the jury….

“According to both child development and criminal defense experts who have closely monitored the case for the last six years, some of the adults — the parents, the prosecutors, the therapists — who tried hardest to find out what happened in the first place may have done the most to confuse the case in the end…. Most of the children were never given the chance to simply tell what, if anything, happened to them.

“‘They were never given the opportunity to tell their stories as they knew them, in their own words, until long after their minds had been contaminated with the thoughts and fears of the adults around them,’ said David Raskin, a psychologist at the University of Utah who has been studying child abuse cases for the last 15 years. By then, he said, it was too late.”

Contamination proved every bit as rampant among child-witnesses in the Little Rascals case, but prosecutors had learned from McMartin to conceal it by denying access to verbatim records of therapists’ interviews.