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.

May 15, 2013

“As one of the lead prosecutors, (Elizabeth Lederer) helped lock up five young people (the Central Park Five) based on false confessions, no DNA evidence and media hysteria, for a collective 30 years….

“Lederer never apologized. Today, she still serves as an assistant district attorney and teaches at Columbia Law School, one of the most prestigious institutions in the country. While those wrongfully convicted lost years of their lives, her efforts to imprison them had no negative consequences for her…. People like Lederer whose failures cost livelihoods should be held accountable for their actions….

“Defending Lederer’s role in the case as an aggressive lead prosecutor, (New York Times columnist Jim) Dwyer dismissed that as: ‘Mistakes were made.’ That’s the standard public relations line used when trying to deflect blame. But what kinds of mistakes? What were their effects?”

– From “For Central Park Five, wrongful conviction meets false equivalence” by Raymond Santana and Frank Chi at Salon.com (May 3)

You know where I’m going with this: the Edenton Seven were locked up for some 15 years, and the “aggressive lead prosecutor” in their case remains ensconced on the state payroll, still unrepentant – and always available to share her expertise on “how to defend the forensic interview in the courtroom.”

Perhaps, however, the notoriety she achieved as Little Rascals prosecutor helps explain why she hasn’t risen to district attorney or to district court judge.

Even if so, of course, that consequence wouldn’t begin to atone for the horrors she inflicted over a nonexistent crime.

July 2, 2015

“The notion of satanic ritual abuse was dismissed as ‘utter nonsense’ by Mrs. Justice Pauffley in care proceedings in the family court at (London’s) Royal Courts of Justice in March. Two children were coerced by their mother and her boyfriend into alleging horrendous sexual abuse and murder of babies by their father and others in a secret satanic cult…. ‘There was no satanic or other cult at which babies were murdered and children sexually abused,’ the judge said. The claims were ‘fabricated’ and ‘baseless.’

“But the total lack of physical evidence does not deter the compensation chasers. At a child abuse training day in London last week run by the Association of Personal Injury Lawyers, delegates were told that satanic abuse was a reality. Barrister Lee Moore – a self-proclaimed satanic abuse survivor – and solicitor Peter Garsden, who are respectively the past and current president of the Association of Child Abuse Lawyers, ‘kept going on about satanic ritual abuse,’ according to a barrister who was present.

“She went on: ‘Peter Garsden told the assembled band of lawyers that SRA was prevalent and would be accepted as such, “given time.” The point is that at a conference of ‘cutting-edge’ personal injury lawyers specialising in child abuse, only one delegate was prepared to challenge these SRA proponents.’ ”

– From “Satanic Panic Ritual Defence” by Rosie Waterhouse in Private Eye (June 26) – hat tip, British False Memory Society

One difference on our side of the pond: The “compensation chasers” in American ritual abuse cases were much less likely to be lawyers than therapists.

Jan. 30, 2013

“They have been through more dress rehearsals than the cast of ‘Cats.’”

– Joe Cheshire, lawyer for Betsy Kelly, protesting the latitude given the prosecution in preparing Little Rascals children to testify (New York Times, Aug. 19, 1991)