Aug. 24, 2015

“(Richard) Beck is generally restrained in his narrative, letting the details pile up to a well-deserved indictment of the many players in the ‘moral panic.’ But in explaining how these fever dreams managed to seize the national imagination, he does a little witch-hunting of his own. The frenzy, he tells us, was a backlash by family-values conservatives to the social changes around them. It was a period of ‘an intense reactionary antifeminism.’

“This is an inexcusably partial interpretation. From Beck’s own evidence, feminists themselves were vital players in the hysteria. Gloria Steinem donated money to the McMartin investigation, and Ms. Magazine ran a 1993 cover article ‘BELIEVE IT! Cult Ritual Abuse Exists,’ even though, by that time, the general public had grown increasingly skeptical of the idea.

“In part because of her aggressive pursuit of child abusers – and conviction of a number of people later exonerated – a relatively unknown Dade County state attorney named Janet Reno was picked by President Clinton to become the nation’s first female attorney general. According to Debbie Nathan and Michael Snedeker, the authors of ‘Satan’s Silence,’ (Kee) MacFarlane had been a lobbyist for NOW before she set about terrifying the children of Manhattan Beach.

“With his partisan recounting of the child abuse panic of the 1980s, Beck turns what could have been a careful history about one facet of the nation’s exhausting culture wars into one more illustration of them.”

– From “ ‘We Believe the Children,’ by Richard Beck” by Kay Hymowitz in the New York Times Sunday Book Review (Aug. 21, 2015)

I’m posting this criticism of Beck’s book – from an otherwise laudatory review – mostly for archival purposes. My own interest lies less in the tangled roots of the day-care panic than in its results: defendants wrongfully incarcerated, children profoundly misguided and therapists and prosecutors unjustly unscathed.

May 23, 2012

Experienced trial lawyers can’t afford to dwell on lost cases. Sometimes that’s quite a challenge:

“Robert Fulton Kelly…. was the most innocent man I have ever defended and the most victimized criminal defendant in the state’s history. He taught me that under certain circumstances madness can rule the day and overcome everything that is right and just.”

– Gerald Beaver (North Carolina Lawyers Weekly, 2010)

March 5, 2012

“DURHAM — Tracey Cline could not admit she was wrong….”

Thus begins J. Andrew Curliss’s latest behavioral analysis of Durham County’s latest disgraced district attorney.

Coincidentally, Curliss cites a book I’ve been reading to better understand the rigidly wrongheaded behavior of the Little Rascals prosecutors.

“Carol Tavris, a Los Angeles social psychologist who has researched and written about the behavior and decision-making of prosecutors, said studies show the human brain, when sorting out conflicting beliefs and actions, will engage in a powerful act known as ‘self-justification.’

“It can keep people from admitting they are wrong and can be more powerful and more dangerous than an explicit lie, she said in an interview and in a 2007 book she co-authored, ‘Mistakes Were Made (But Not By Me)’…

“Self-justification is especially concerning in the justice system, Tavris said, because authorities often view themselves as ‘good guys’ doing the ‘right thing’….

“ ‘It’s really, really, really hard to face the reality that you screwed up,’ she said. ‘When we have a view of ourselves as good, competent, ethical, honest people and we are now confronted with evidence that we did something that was incompetent, unethical, immoral or harmful, we have two choices. We can ’fess up – say, “Oh, my God, look at this evidence, what did I do? How can I make amends?” – or, we deny.’ ”

Here’s a recent public ’fessing up that could be a model for errant prosecutors: “I want to express my sincere regret and apology…. It was a terrible mistake, and we knew it was wrong while we were doing it. Instead of getting caught up in it, I should have stopped it.”

Alas, it comes not from Cline – or from H. P. Williams Jr., Bill Hart or Nancy Lamb – but from the NFL coach who oversaw the “bounty” system for disabling opposing players.

Oct. 5, 2016

Richard Wexler’s unequivocal recollection of how the American Professional Society on the Abuse of Children promoted the “satanic ritual abuse” day-care panic made me curious about what APSAC might have to say about the subject today.

I was startled to see this description of a presentation at the organization’s most recent (June 21-25) annual colloquium in New Orleans:

“From disco to pet rocks, our past is littered with things which make us wonder, what in the world were we thinking? The field of child maltreatment and interpersonal violence has certainly had its share of misguided ideas, from satanic ritual abuse hysteria to multiple personality disorder treatment centers.  How did this field get so many things so wrong?”

Sorry I missed such a provocative self-examination! [I’ll post APSAC’s video soon.]

I asked Wexler, executive director of the National Coalition for Child Protection Reform, whether sanctioning the pet rock analogy might signify APSAC’s tacit disowning of  the “satanic ritual abuse” myth.

“I wouldn’t call it disowning,” he said. “Over the years their position seems to have evolved into ‘Well, yes, some people may have been a little overzealous, but…’  At one point, even Roland Summit, in his ‘Tunnels’ article, no less, tried to cast himself as falling between two extremes in the debate.

“What they have not done, of course, is apologize to the children victimized by the McMartin madness, and withdraw the awards given to Summit and [Kee] MacFarlane.”

Nor, of course, have they apologized to the wrongfully prosecuted defendants in cases such as McMartin and Little Rascals.