Aug. 9, 2015

“Suppressing evidence, coddling informants, even outright lying are some of the instances of prosecutorial misconduct that sent away nearly half the 1,621 people convicted for crimes they didn’t commit since 1989, according to the University of Michigan Law School’s National Registry of Exonerations. These are only the cases we know about, surely only a small fraction of the wrongly convicted….

“In a 2011 report on 707 such cases, only six prosecutors (none in “satanic ritual abuse” day-care cases) were disciplined. Almost all still have their licenses, and are still practicing law….

“Prosecutors are granted immunity for most kinds of misconduct. It’s easy to see the reasons for this policy: otherwise, every well-heeled convict would sue, clogging the system and making it impossible for prosecutors to do their jobs. At the same time, that immunity is so absolute that prosecutors simply get off scot-free, even when misconduct is established. Even worse, most states lack any meaningful oversight of prosecutors: no commissions, no review boards, nothing.

“America is the only country in which many prosecutors are elected…. The disciplinary commission that sanctioned Mike Nifong – prosecutor of the Duke lacrosse team on false rape charges – noted his upcoming primary election as a motivating factor for his misconduct. The pressure to produce wins has led to a ‘win-at-all-costs’ mentality in some offices, especially when voters reward such behavior.”

– From “It’s Not Just Bad Cops: Prosecutors Run Wild” by Jay Michaelson at the Daily Beast (Aug. 8)

For whatever reason, voters in the First Judicial District declined to “reward such behavior” by Little Rascals prosecutors H. P. Williams Jr. and Nancy Lamb. District Attorney Williams failed to win re-election in 1994, and Lamb lost her bid for DA in 2014.

Dec. 22, 2014

““We evangelical Christians by definition live by our own narrative of creation, fall, and redemption. We believe in good and evil. That is why, as a group, we might be vulnerable to other meta-narratives – after all, if you believe in one, it’s easier to accept a second and a third.

“One example: in the 1980s and 1990s too many of us accepted the story of widespread Satanic Ritual Abuse, despite the fact that the evidence could not be found, nor could anyone name the thousands of missing children who supposedly had been sacrificed to the devil.”

– From “ ‘The Paranoid Style in American Politics’ has its 50th Anniversary” by Gary Shogren at Open Our Eyes, Lord!

Although “The Paranoid Style in American Politics” by Richard Hofstadter was first published in response to Barry Goldwater’s presidential campaign, it continues to offer insights into the attraction of a wide range of conspiracy theories.

Feb. 24, 2014

Why would Dr. Richard Kluft “take exception to” and “(raise) the issue of legal liability” over “When Psychiatry Battled the Devil”?

It’s not as if the record of Kluft’s involvement in promoting “satanic ritual abuse” and “multiple personality disorder” could be any longer or better-documented.

And it’s certainly not as if he has ever acknowledged the error of his ways.

In this exchange from a 2009 interview on CBS “Sunday Morning” he confidently posits a nationwide epidemic of undiagnosed cases of MPD:

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.

Passing off such fantasy as expertise would be knee-slappingly funny, of course, had it not typified the thinking that fostered scores of wrongful prosecutions and ruined thousands of lives….

I remain baffled – what exactly has Richard Kluft done to deserve such obeisance from Psychiatric Times?

March 13, 2016

“Fran and Dan Keller have been released from a Texas prison after 21 years, yet still have little freedom of movement or circumstance, or even quality of life. Their 1992 conviction on multiple counts of ‘sexual assault of a minor’ – in the now notorious Fran’s Day Care case – has effectively been overturned by a 2015 Court of Criminal Appeals ruling ‘granting relief’ to the Kellers on a single question of retracted medical testimony. But the ruling was not accompanied by actual exoneration from the allegedly heinous crimes.

“Only a single appeals court judge – Cheryl Johnson – was willing to admit no crime had in fact occurred. ‘This was a witch hunt from the beginning,’ wrote Johnson, in her opinion concurring with the opaque ruling of the full court. Johnson would have granted relief on all the Kellers’ claims, and would have acknowledged that the entire prosecution had been an egregious folly.

“The limited ruling, while welcome in itself, left the Kellers in a legal limbo – permanently accused but not cleared…. required to somehow further demonstrate their innocence – of crimes that never happened….”

– From “Learning From Our Mistakes” by Michael King in the Austin Chronicle (March 11) (cached)

So who thwarts the hapless Kellers? Yes, yet another prosecutor who sets the bar for exoneration stratospherically high. Although District Attorney Rosemary Lehmberg (here’s why her name rings a bell) supported their release, she now finds herself unable to “find a path to innocence” without the deal-sealing exculpation of DNA evidence. Those darn imaginary criminals sure do clean up after themselves….