Oct. 10, 2012

“This case arose during the height of the Child Sexual Abuse Hysteria of the 1980s and 1990s. The McMartin Preschool case, perhaps the most famous such case, was being tried in California at the same time this case was being tried in North Carolina. The prosecution team in this case was led by two members of the Attorney General’s staff who were to prosecute Robert Kelly four years later in the Little Rascals Day Care case.

“The state’s theory was that Junior Chandler, a bus driver for a county day care, would drive off his route to a parking area next to the French Broad River, strip the clothes off the toddlers, troop the naked children down to the river, put them on a rowboat, proceed to insert various objects into their anuses and vaginas, bring them back to the bus, put their clothes back on and deliver them home.

“This theory was the culmination of an investigation that began when one of the children came home one day and announced to her mother ‘we’ve been f***ing.’ Prior to that, there had been no indication of any problems with the children, the day care or Junior. However, fueled by the concern of anxious parents and well-meaning child advocates, this comment morphed into bizarre allegations of widespread sadistic abuse at the hands of several adults, including Junior….”

“Junior Chandler is serving his 26th year in prison, based largely on incredible claims from preschoolers, as elaborated upon and vouched for by six prosecution witnesses. Many defendants in this state have been awarded new trials for far less damaging testimony. Most of the victims of the Child Sexual Abuse Hysteria from around the country, Virginia McMartin, Kelly Michaels, Dale Akiki, Bob Kelly, the Amiraults, etc., have regained their freedom…. Junior Chandler deserves the same relief.”

– From Junior Chandler’s amended petition for writ of certiorari, denied last week by the North Carolina Supreme Court

March 7, 2014

Second of three posts

After our lengthy email exchange I took up editor Jon Conte on his offer to consider an expanded letter challenging the Journal of Interpersonal Violence’s past support of the “satanic ritual abuse” moral panic.

This is what I submitted on Oct. 25, 2013:

To the editor:

In December 1989 the Journal of Interpersonal Violence published “Stress Responses of Children to Sexual Abuse and Ritualistic Abuse in Day Care Centers” by Susan J. Kelley. In December 1990 it published “Ritualistic Child Abuse in a Neighborhood Setting” by Barbara Snow and Teena Sorensen. Both these articles endorsed, promoted and attempted to substantiate a concept that subsequent research has proven to be a quintessential moral panic. Today no respected social scientist will argue that satanic (or sadistic) ritual abuse ever existed in the nation’s day cares.

These articles in JIV, however, were unequivocally confident that it not only existed but also was widespread. From Kelley’s synopsis: “The purpose of this study was to examine the effects of sexual abuse and ritualistic abuse of children in day care settings. The sample was composed of 134 children; 67 children who were sexually abused and ritually abused in day care centers were compared on the Child Behavior Checklist with a carefully matched group of 67 nonabused children. Findings indicated that sexually abused children had significantly more behavior problems than did the nonabused children. Sexual abuse involving ritualistic abuse was associated with increased impact as well as increased severity in the extent of the sexual, physical, and psychological abuse the children experienced.”

Snow and Sorensen criticized “attempts to discredit victims and therapists” and seemed unaware that they were exposing the corruption of those therapists’ interviewing techniques when they wrote: “Disclosures were difficult and progressed slowly. The majority of children showed little symptomology at initial referral with significant increases during the disclosure process.”

The Little Rascals and McMartin cases were but two manifestations of this moral panic of  the 1980s and early 1990s. Dozens of less publicized prosecutions occurred across North America and as far away as New Zealand and Germany. The extensive literature illuminating the day care moral panic includes “Satanic Panic: The Creation of a Contemporary Legend” by Jeffrey S. Victor, “Sex Panic and the Punitive State” by Roger N. Lancaster, “Moral Panic: Changing Concepts of the Child Molester in Modern America” by Philip Jenkins, “The Satanism Scare” by David G. Bromley, Joel Best and James T. Richardson, “Moral Panics: The Social Construction of Deviance ” by Erich Goode and Nachman Ben-Yehuda, “The Day Care Ritual Abuse Moral Panic” by Mary De Young and the latest edition of “Folk Devils and Moral Panics”  by Stanley Cohen – who coined the term “moral panic” in 1972.

The Wall Street Journal’s Dorothy Rabinowitz won a Pulitzer Prize for her coverage of the Wee Care Day Nursery case in 1985. Among law enforcement reports debunking ritual abuse allegations the best known is “Investigator’s Guide to Allegations of ‘Ritual’ Child Abuse” by Kenneth Lanning, the FBI agent in the Behavioral Science Unit assigned to examine these cases. Similar reports have been issued in countries such as England (“Extent and Nature of Organised and Ritual Abuse” byJ. S. La Fontaine), the Netherlands (“Report of the Ritual Abuse Workgroup”) and Australia (“Royal Commission into the New South Wales Police Service”).

Eventually the convictions of most of the day care providers in the United States were overturned.  Playing a major part in alerting appellate courts to the suggestibility of child witnesses was an amicus brief filed in the Wee Care case by pioneer researchers Stephen Ceci and Maggie Bruck.

Before the fever broke, however, untold harm was done to defendants,  families and child-witnesses. In the words of sociologist Mary De Young:

“Innocent people have been accused and convicted; the autobiographies of children have been usurped (and some children, now adults, have completely retracted their allegations); professional reputations have been destroyed (and some of the loudest proponents of the idea of ritual abuse have since retracted their claims); tens of millions of dollars were wasted on investigations and trials; it distracted attention, time, money and energy from ‘real’ cases of sexual abuse and from the fathers, brothers and other family members who most likely were the perpetrators; it made quality day care harder to find and drove out male providers who could have been valuable role models to children, especially boys; it eroticized abuse by focusing on rituals and masked and hooded perpetrators; it added nothing – absolutely nothing – to a clinical or scientific understanding of the traumatic effects of abuse because the trauma children experienced in these cases was iatrogenic, i.e., caused by investigators, interviewers, prosecutors and hysterical parents; it broke up families; and even dropped property values and interfered with commerce; and it introduced distrust, cynicism and incivility into our lives and into legitimate work on helping abused kids.”

The Journal of Interpersonal Violence should not allow these misguided articles from 1989 and 1990 to stand as its last word on claims of day-care ritual abuse.

Lew Powell

Charlotte, North Carolina

Alas, publication in the JIV now seems unlikely. Dr. Conte has not responded to my follow-up emails and phone messages over the past four months.  Why might that be?

Next: I’ll consider some possible answers.

Oct. 12, 2012

The exoneration of Willie Grimes warms my heart, and not just because the 66-year-old parolee has become “Free at last!” after a 1987 rape conviction in Hickory.

As often lamented on this site, prosecutors such as those in the Little Rascals case simply refuse to acknowledge, much less take responsibility for their mistakes.

In the Grimes case, however, District Attorney Jay Gaither told the Innocence Inquiry Commission panel, “The State cannot argue any conclusion other than for innocence in the case of Willie Grimes,” then rested the state’s case and sat down.

Afterward, he explained that “In this week’s presentation of evidence we counted no less than 35 pieces of evidence and testimony in support of innocence…. The fact that the three-judge panel was so emphatic in its conclusion and decision only strengthens the confidence I have in our decision.”

But Gaither went even further, on camera and rebroadcast by WSOC-TV: “On behalf of the district attorneys of North Carolina, I want to offer an apology to Willie Grimes.”

Yes – an apology!

Although the Grimes conviction occurred long before Gaither took office in 2002, DAs often feel compelled to defend even their predecessors’ performance. As former New York prosecutor Bennett Gershman has observed, “The prosecutor can’t do anything that undermines the public’s confidence in the prosecutor’s office. Once the public begins to doubt that prosecutors convict guilty people – that there may be mistakes in the system – that undermines confidence in the prosecutor….”

Gaither took the opposite approach. “You don’t just brush off 24 years of a man’s life and go on,” he told me Wednesday. “A series of events denied Mr. Grimes a fair trial. Closure was required.

“I wanted the public, as well as Mr. Grimes, to know that we weren’t just beat down, but that we were actually sorry.” (Click Gaither’s picture above to watch the broadcast that includes video of the courtroom apology.)

Also notable is how Gaither framed his apology: “I was speaking not so much for district attorneys as individuals, as for the State of North Carolina…. Only 44 of us have that right to say ‘The state says….’ ”

In this case, that right was admirably used. Would that it happened more often.

July 10, 2013

Although some consider Little Rascals the East Coast version of the McMartin case, according to Google’s nGram Viewer it comes in a distant second in prominence.

Not even eight hours of “Innocence Lost” could make up for McMartin’s having been tried first and for its having been situated in Southern California rather than in Eastern North Carolina.