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)

Aug. 6, 2016

It’s appalling to see the New York Times, in its Aug. 5 obituary on Chris Costner Sizemore, “the real patient behind ‘The Three Faces of Eve’, quote as experts Dr. Colin A. Ross and Dr. Richard Kluft, psychiatrists who validated and promoted the “satanic ritual abuse” moral panic of the 1980s and early ’90s.

For decades Dr. Ross has spun out cockamamie ideas from supernatural “eye beams” to CIA conspiracies. And as recently as a 2009 interview on CBS “Sunday Morning,” Dr. Kluft confidently posited a nationwide epidemic of undiagnosed cases of “multiple personality disorder”:

Tracy Smith: So do you think that there are, what, thousands of people walking around out there with MPD who don`t even know it?

Kluft: Oh, easily.

Smith: Tens of thousands?

Kluft: Easily.

Smith: Hundreds of thousands?

Kluft: Easily.

Smith: Millions?

Kluft: We might be at that level.

Do Ross and Kluft really provide the kind of authority the Times needed for this story?

The full obituary on Chris Costner Sizemore is here, cached here.

June 12, 2014

“He thinks the continued treatment of these cases as a modern-day episode of mass hysteria does disservice to children and even puts them in danger.

“ ‘We have, over the last 20 years, discounted the word of children who might testify about sexual abuse,’ he writes. ‘We have become more worried about overreacting to child sexual abuse than we are about underreacting to it.’

“If that were the legacy of the day-care cases, it would be a damning one. But when I spoke to psychologists in the field – those Professor Cheit cites respectfully, as well as those he attacks – they gave a different account of the science at the heart of this history….”

– From “Abuse Cases, and a Legacy of Skepticism” by Emily Bazelon in the New York Times (June 9)

Thank you, Ms. Bazelon. In the category of “fat books in desperate search of a reason to exist,” Cheit’s “The Witch-Hunt Narrative” belongs right up there with William D. Cohan’s contemporaneous “The Price of Silence,” an account of the Duke lacrosse case that sympathizes not with the railroaded (and later exonerated!) defendants but with District Attorney Mike Nifong, who was disbarred and briefly jailed for conspiring to rig the case against them.

At the core of each book is the unsubstantiated contention that something surely must have happened, either at a Durham party house and at countless day cares. Fortunately, Cohan and Cheit can only gratuitously smear the reputations of innocent defendants, not put them in prison – unlike Little Rascals expert witness Mark “where there’s smoke there’s fire” Everson.

Aug. 3, 2014

“Over the last 12 years, there have been hundreds of day care cases across the United States which involved allegations of ritual child abuse. The discovery and successful prosecution of a number of these cases has done much to expose cult activity and increase our awareness. While day care cases may ultimately be the ‘Achilles’ heel’ of organized cults who desire to expand their power and influence, there is nonetheless tremendous reluctance on the part of most victims to come forward. This is primarily due to the response of the media and the public.

“Along with the very real fear of reprisal or death associated with disclosure, adult survivors of ritual abuse who come forward face not only a climate of disbelief, but a lack of support services as well. Having endured the unspeakable horrors of ritual abuse, they face further victimization by an entire system in denial…..

“It is also often difficult to obtain conclusive medical evidence supportive of a child’s allegations of ritual physical and sexual abuse. Most cults use very sophisticated abuse, torture, and mind control techniques which are difficult to detect. For example, during the abuse and programming of children, cults may use the following: electroshock; pins and needles which are inserted under the fingernails or into sexual or other orifices of the body; knife cuts or burns into the scalp, onto the soles of the feet, or in the creases of the skin; as well as injuries designed to be explainable by otherwise acceptable means….

“Many cults either own or have access to a crematorium, and are assisted by cult physicians and/or coroners who cover up the cause of death of their victims. Less sophisticated methods for body disposal which have been used effectively are lime or acid pits, as well as tree shredders….

“When a concerned parent or therapist manages to make the child feel safe enough to make a disclosure, the system responds by discounting the allegations on the basis that the disclosure was not made at the onset of the therapeutic process….

“Children frequently report having been taken by train, boat, submarine or airplane to a specific location to participate in ritual activity. Often they are blindfolded and only told the name of the location after they have arrived.

“In reality, such transportation may only have been simulated, and a false location given. Or the child may, in fact, have been in a plane which flew in a circle for 20 minutes, with the ultimate destination falsified. In either case, facts are distorted to discredit later disclosures….

“(Footnote:) My contact with survivors in South Carolina and other states in the South reveals that alligators are commonly used as a means of disposal in these areas….”

– From “Representing Children in Family Court: A Resource Manual for Attorneys and Guardians Ad Litem,” a (no longer available) publication of the South Carolina Bar (1993, 1995) by Sylvia Lynn Gillotte, chairman of the Resource Manual Project, Officer of the Governor, Guardian Ad Litem Program, in Spartanburg, S.C.

Ms. Gillotte makes an earnest and articulate argument that the nation’s day cares were (are?) plagued by “satanic ritual abuse.” Predictably absent in her 5,000-word manifesto, however, is anything approaching the requisite extraordinary evidence for extraordinary claims. Electroshock? Tree shredders? Plane rides? Alligators? “Cult physicians and/or coroners”?

Unlike so many who shared her convictions in the 1980s and ’90s, Ms. Gillotte has not retreated from the arena. Now an adjunct professor in the department of criminology at the University of South Florida Sarasota-Manatee, she teaches a course on “Legal Perspectives on Crimes Against Children” that features a main text by John E.B. Myers and a Skype interview with Randy Noblitt.

Professor Gillotte’s syllabus is unusual if not unique in 21st-century academia. Much more typical: Catherine Caldwell-Harris’s at Boston University.

Despite our wide differences, Professor Gillotte has generously taken the time to address my skepticism about ritual abuse. Later this week I’ll be quoting from our exchange.