May 28, 2012

How would Bruce A. Robinson, founder of the comprehensive and widely respected ReligiousTolerance.org, describe the credibility now given ritual abuse?

“I am unaware of any child psychologist or similar specialist who still believes ritual abuse happened in child care facilities. I think there is a consensus that repeated direct questioning of young children will get them to reveal stories about events that never happened. Over time, these stories often become ‘memories.’ ”

Mr. Robinson, meet Kathleen Coulborn Faller, professor in the School of Social Work at the University of Michigan.

As previously noted, Dr. Faller in “Understanding and Assessing Child Sexual Maltreatment” (second edition, 2003) identifies herself as a true believer. Here’s how she makes her case:

■ “Responses to allegations of ritual abuse have undergone a transformation in the last 10 years, so that any case… elicits great skepticism. In fact, it is no longer au courant to believe in the existence of ritual abuse.”

Au courant? Does she really consider scientific research into children’s testimony to be some kind of fad, like pet rocks?

■ “The vigor of the attack against ritual abuse… reinforces the belief of some professionals, myself included, that there is substance to ritual abuse….”

What!? And where are these other professionals?

■ “Ultimately the backlash… resulted in the reversal of some criminal convictions involving ritual abuse (New Jersey v. Michaels, 1994; North Carolina v. Kelly, 1995)… ”

In fact, these convictions were overthrown not because public and professional opinion had begun to shift, but because their many legal defects were obvious to appeals courts.

● ● ●

I’ve again asked Dr. Faller to respond.

Feb. 15, 2012

I asked Mark Montgomery for an update on Junior Chandler’s latest appeal of his two life sentences for child sexual abuse:

“There are two prongs to the appeal. First, I am asking the N.C. Supreme Court to simply do the right thing by Junior. The Court said in 2010 that expert testimony like that in Junior’s case is (and was) inadmissible. That being the case, it is fundamentally unfair for Junior to be facing the rest of his life in prison, when many defendants have been freed because this sort of testimony was used against them at trial.

“Second, Junior’s lawyer objected to the testimony but did not raise the issue on appeal. I argued in a motion in Superior Court that the lawyer was ineffective for abandoning the issue. The Superior Court judge denied the motion without a hearing. If the Supreme Court will not itself set aside Junior’s convictions, it should at least require a hearing on trial counsel’s conduct.”

This is how the process works: “Petitions such as Junior’s go to one of the six associate justices. He or she decides what should be done and then presents the case to the court as a whole in a monthly (sort of) closed door meeting. The justices then vote on whether to grant the petition. If the Court grants the petition, it usually requires full briefs from both parties, but may decide the case of the basis of the petition and the State’s response alone.

“If it denies the petition, that’s the end of the road.”

The court could respond as early as April 13, according to this chart of petitions allowed and denied.

Jan. 12, 2018

“[Bob Kelly’s] defense contended that the children’s allegations were just the responses of suggestible youngsters eager to please the interrogators who were urging them to disclose abuse. [Interviewed in “Innocence Lost: The Verdict”,] one mother whose child did not disclose abuse is seen heaping scorn on the police and social services interrogation of her child:

” ‘They constantly asked him the same thing over and over again, and they would rephrase it…. They talked to him, it had to be an hour and a half or so before we interrupted and they wanted to continue talking to him. I would guess the same questions were asked five or six times.’

“This mother’s recollection is one of the few clues to the police methods in this case. Police and prosecutors declined to cooperate with ‘Frontline.’ All of the investigative notes and tapes were destroyed, and the only source material available at trial was after-the-fact summaries….”

– From “Justice Abuse? ‘Frontline’ Documentary Takes Hard Look At A Small-town Scandal” by Bart Mills in the Chicago Tribune (July 20, 1993)

March 20, 2017

“America saw another record year for the number of prisoners being exonerated, according to the National Registry of Exonerations, a project of University of California Irvine Newkirk Center for Science & Society, University of Michigan Law School, and Michigan State University College of Law.

“For 2016, 166 people were exonerated of crimes and released from prison, 52 of them for murder. Of all the exonerations, 70 cases involved official misconduct of some sort, and in 74 of the cases, convictions came from guilty pleas. And in 94 cases (also a record) it turned out that no actual crime occurred at all. These were mostly drug cases but also some child sex abuse cases. Most famously, the San Antonio Four, four women convicted in 1998 in a fabricated satanic child sex abuse ring scandal, were released in 2016 after it finally became clear the crimes never occurred.”

– From “Decades of exoneration stats show blacks more likely to wrongfully convicted” by Scott Shackford at reason.com (March 7)

Of the Edenton Seven, only Bob Kelly and Dawn Wilson, whose convictions were overturned, qualify for the National Registry of Exonerations. As spokesman Ted Koehler told me five years ago, “The Edenton case was a terrible witch hunt. Regretfully, though, [Betsy] Kelly’s and [Scott] Privott’s guilty pleas and the dropped charges against [Robin] Byrum, [Shelley] Stone, and [Darlene] Harris do not fit our definition of an exoneration….”