Dec. 10, 2014

“More than a decade ago, I wrote about the McMartin preschool case, and other satanic ritual child abuse accusations that turned out to be false. Back then, the slogan many supporters of the accusations brandished was, ‘Believe the Children.’ It was an antidote to skepticism about real claims of child abuse, just as today, ‘Believe the Victims’ is a reaction to a long history of callous oversight of rape accusations.

“ ‘Believe the Victims’ makes sense as a starting presumption, but a presumption of belief should never preclude questions. It’s not wrong or disrespectful for reporters to ask for corroboration, or for editors to insist on it. Truth-seeking won’t undermine efforts to prevent campus sexual assault and protect its victims; it should make them stronger and more effective.”

– From “Reporting on Rape” by Margaret Talbot at newyorker.com (Dec. 7)

Given the prosecution’s strategic secrecy, the pursuit of corroboration in the Little Rascals case presented an enormous challenge. But news coverage could been far more skeptical and revealing – perhaps even game-changing. The editor of the News & Observer certainly thought so.

Jan. 29, 2016

“The release last month of ‘Making a Murderer’ capped a year in which popular culture’s portrayal of the criminal justice system seems to have shifted. Out with the old tropes about truth-seeking investigators and tidy resolutions; in with the disquieting, dysfunctional reality of many courtrooms and police stations….

“Yes, post-conviction DNA testing and the work of Innocence Projects around the country have exonerated more than 1,700 defendants. Those cases heighten awareness of potential errors and demonstrate that wrongful convictions happen. But Americans shouldn’t expect certainty about innocence. Sometimes the focus on finding new evidence to exonerate distracts from the question of whether the old evidence proved guilt….

Read more here. Cached here.

“Fewer than 70,000 federal felonies are prosecuted each year, while roughly 2.5 million felonies proceed through the state courts. Many state cases involve near-simultaneous investigation and prosecution. One rarely finds out ‘what really happened.’

“The prosecutor in Avery’s trial argued in his closing statement that ‘reasonable doubts are for innocent people.’ They are not. And procedural protections like access to defense counsel and freedom from coerced interrogations extend to both the innocent and the guilty. The real contribution of these documentaries is not to ask ‘whodunit’ but to reveal what was done to defendants….

“The United States criminal justice system needs fewer guilt-assuming interrogation tactics, more disclosure of potentially exculpatory information to the defense, expanded oversight units within prosecutors’ offices to investigate potential miscarriages of justice and fuller appellate scrutiny of convictions.

“The moment is ripe for reform, culturally and politically….”

– From by “ ‘Making a Murderer’ Is About Justice, Not Truth” by Lisa Kern Griffin, Duke Law professor and former federal prosecutor, in the New York Times (Jan. 12)

Will this heightened skepticism about the nation’s justice system ever trickle down to exonerate the Edenton Seven and free Junior Chandler?

July 29, 2016

“Sometimes prosecutors withhold exculpatory evidence of a defendant’s innocence, and don’t turn it over until they are forced to. Take a look at the exonerations reported in recent years and you will see a pattern of prosecutors continuing to fight against our release even when our innocence is uncovered. Many innocent prisoners have been buried alive in these prisons by this kind of corruption….

“How do the culprits sleep at night? Well, to be honest, these people have no consciences. It’s like any other day at the job for them. Some have built their careers on the backs of us innocent prisoners, and now they sit in high places.

“Until the day comes when culprits responsible for wrongful convictions are held fully accountable – wrongful convictions will never stop.”

– From “When Courts Are Used As A Weapon Against The Innocent” by Lorenzo Johnson at Huffington Post (July 12)

Johnson had served 16 1/2 years of a life-without-parole sentence when in 2012 the Third Circuit Federal Court of Appeals found insufficient evidence for his conviction. He remained free for four months, after which the U.S. Supreme Court unanimously reinstated the conviction and ordered him back to a Pennsylvania prison. He continues to seek a new trial.

May 14, 2012

Mary De Young’s engrossing bibliography “The Ritual Abuse Controversy” lists page after page of books and journal articles that accept wholeheartedly the existence of an epidemic of ritual abuse in day cares during the ’80s and early ’90s.

Roland Summit, Ann Burgess, Susan Kelley, David Finkelhor, etc., all used their professional credentials to support and spread the panic. But who among them has since acknowledged that it was all baloney? And that it left behind hundreds of profoundly damaged child-witnesses, families and defendants?

When I asked Dr. Finkelhor about the now-discredited foundation of “Nursery Crimes,” he replied that “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. I was neither an authority about the validity of claims at the time or at the present.”

Am I wrong to expect a higher level of professional accountability?

Mostly, by the turn of the latest century the alarmists had simply withdrawn from the arena. Like Dr. Finkelhor, they had moved on to other topics and “not revisited the case.”

One exception is Kathleen Coulborn Faller, professor of children and families in the School of Social Work at the University of Michigan.

In “Understanding and Assessing Child Sexual Maltreatment” (second edition, 2003), Dr. Faller writes, “Though others’ perceptions of the problems of sexual abuse in day care have changed, mine essentially have not.” Minimizing the work of next-generation researchers such as Ceci and Bruck, she cites approvingly such works as Kelley’s “Parental Stress Response to Sexual Abuse and Ritualistic Abuse in Day-Care Centers.”

Might Dr. Faller have changed her mind over the past decade?

Last week I asked her. So far she hasn’t replied.