April 20, 2012

David Finkelhor’s “Nursery Crimes: Sexual Abuse in Day Care” (1988) helped lay the foundation for the moral panic that would soon engulf Edenton and so many other ill-starred towns.

Finkelhor, a respected and widely published sociologist at the University of New Hampshire, built a Potemkin village of statistical tables – “Victim Characteristics by Type of Perpetrator,” etc. – that concealed the utter worthlessness of his data. He was wrong from the first chapter, accepting unsubstantiated claims of ritual abuse as reality, to the last, recommending that “parents, licensing and law-enforcement officials be educated to view females as potential sex-abusers.”

This is from a recent exchange Finkelhor and I had via email:

Q: In “Nursery Crimes” you accept that ritual sexual abuse did in fact occur at Little Rascals, McMartin, Wee Care, etc., and give little credence to the “backlash” against such prosecutions. Has your position changed?

A: This was a while ago and I have not revisited the case. Our research did not conduct any independent review of the evidence, but simply coded the conclusion of the investigator we interviewed. So I was neither an authority about the validity of claims at the time or at the present.

Q: Yes, I understand that your research and analysis relied entirely on “local investigating agencies (that) had decided that abuse had occurred” (p. 13).

But I’m not finding in “Nursery Crimes” any skepticism about these prosecutorial allegations. In fact, the book seems only to reinforce the belief that satanic ritual abuse was a frequent occurrence in the nation’s day cares. Am I misjudging it?

Stephen Ceci and Maggie Bruck are but two of the researchers who have detailed the contaminated interview techniques that supported each of these cases. And of course almost all the defendants eventually went free, either when charges were dropped or their guilty verdicts overturned.

Would you consider returning to this subject and, if you so chose, changing your public position? I know the defendants – innocent citizens who saw their lives crushed by unfounded charges – would appreciate it.

—

No response yet to my second question. If I receive one, I’ll post it.

Nov. 8, 2013

While we await Gov. McCrory’s decision on whether to promote Nancy Lamb to district attorney, another key figure in the Little Rascals prosecution is stepping aside.

From the Elizabeth City Daily Advance:

EDENTON – Judge Chris Bean, chief district court judge in the 1st Judicial District, does not plan to seek re-election to another term.

Bean, who has been a judge for more than two decades, said recently he plans to step down when his current term ends in December 2014.

“I have been doing this for 20-some years,” Bean said. “It has been a fascinating career.”

Unmentioned by Judge Bean (or by the Advance, which seems to have purged Little Rascals from its memory)  is his deeply prejudicial testimony against former client Bob Kelly.

Bean and Lamb have continued to share an immunity to just consequences. (Compare the enormity of the Little Rascals prosecution with the penny-ante misconduct that typically brings about disbarment in North Carolina.)

Only their innocent victims – the Edenton Seven, the child witnesses – paid a price, and it was a high one indeed.

May 16, 2014

Exhibit A:

“Last year at a state solicitors’ convention in Myrtle Beach, (South Carolina State Supreme Court Justice Donald Beatty) cautioned that prosecutors in the state have been ‘getting away with too much for too long.’ He added, ‘The court will no longer overlook unethical conduct, such as witness tampering, selective and retaliatory prosecutions, perjury and suppression of evidence. You better follow the rules or we are coming after you and will make an example. The pendulum has been swinging in the wrong direction for too long and now it’s going in the other direction. Your bar licenses will be in jeopardy. We will take your license’….

“If most prosecutors are following the rules, you’d think they’d have little to fear, and in fact would want their rogue colleagues identified and sanctioned….The state’s prosecutors didn’t see it that way….

“At least 13 of the head prosecutors in the state’s 16 judicial districts, along with South Carolina Attorney General Alan Wilson, are asking for Beatty to be recused from criminal cases. This would presumably end his career as a state supreme court justice….”

– From “Judge says prosecutors should follow the law. Prosecutors revolt.” by Radley Balko in the Washington Post (March 7)

Exhibit B:

“….Decades of studies show eyewitness testimony is only right about half the time – a reality that has prompted a small vanguard of police chiefs, courts and lawmakers to toughen laws governing the handling of eyewitnesses and their accounts of crimes….

“Prosecutors, however, have opposed the efforts, arguing that the changes erode their powers, even as studies have shown that eyewitnesses are about half as likely to choose the correct suspect out of a lineup as they are to choose some combination of the innocent fillers or no suspect at all when the correct one is present. The reexamination of eyewitness testimony comes at a time when technology and other forensic analysis are being given greater weight….”

– From “Eyewitness Testimony No Longer A Gold Standard” by Nigel Duara of the Associated Press (April 19, 2014)

TV prosecutor Jack McCoy suffered his own ethical dark nights of the soul, but I can’t imagine him finding much in common with such miscreants as these.

Feb. 15, 2013

From a letter that the police chief in Manhattan Beach, Calif., sent to parents of children attending McMartin Preschool after the arrest of Ray Buckey on Sept. 7, 1983:

“This Department is conducting a criminal investigation involving child molestation…. The following procedure is obviously an unpleasant one, but to protect the rights of your children as well as the rights of the accused, this inquiry is necessary….

“Please question your child to see if he or she has been a witness to any crime or if he or she has been a victim.  Our investigation indicates that possible criminal acts include: oral sex, fondling of genitals, buttock or chest area, and sodomy, possibly committed under the pretense of ‘taking the child’s temperature.’  Also photos may have been taken of children without their clothing.  Any information from your child regarding having ever observed Ray Buckey to leave a classroom alone with a child during any nap period, or if they have ever observed Ray Buckey tie up a child, is important.

“Please complete the enclosed information form and return it to this Department in the enclosed stamped return envelope as soon as possible….”

“Please question your child….”

As would be demonstrated in McMartin, Little Rascals and dozens of other day-care ritual abuse cases, these four words ensured that anxious parents interrogated their children until they at last “revealed” stories of sharks, witches and murdered babies.

The chief’s letter showed his naïvete not only about the allegations of  “possible criminal acts” at McMartin, but also about the inevitable hysteria they would produce. “….Please keep this investigation strictly confidential,” he advised parents, “because of the nature of the charges and the highly emotional effect it could have on our community.”