More Victims of the 80's Child Abuse Panic
Younger readers will be forgiven for not fully understanding just how credulous the American public became during the late 80's and early 90's as the media, prosecutors, and various advocacy groups worked hard to convince us every school was a sort of Road-Warrior-like playground for child predators. Adult after adult were convicted based on bizarre stories about ritual murder, sexually depraved clowns, and all kinds of other dark erotic nightmares. In most cases there was little or no physical evidence -- only stories from children, usually coerced after numerous denials by "specialists." These specialists claimed to be able to bring back repressed memories, but critics soon suspected they were implanting fantasies.
Scores of innocent people went to jail -- many still languish there, including targets of Janet Reno, who rode her fame from these high-profile false prosecutions all the way to the White House, and Martha Coakley, just missed parleying her bizarre prosecutions into a Senate seat (Unbelievably, the Innocence Project, which does so much good work and should be working on some of Reno's victims, actually invited her on to their board).
Radley Balko has yet another example I was not familiar with. The only thing worse than these prosecutions is just how viciously current occupants of the DA office fight to prevent them from being questioned or overturned.
I am particularly sensitive to this subject because I sat on just such a jury in Dallas around 1992. In this case the defendant was the alleged victim's dad. The initial accuser was the baby sitter, and red lights started going off for me when she sat in the witness box saying that she turned the dad into police after seeing another babysitter made a hero on the Oprah show. The babysitter in my case clearly had fantasies of being on Oprah. Fortunately, defense attorneys by 1992 had figured out the prosecution game and presented a lot of evidence against, and had a lot of sharp cross-examination of, the "expert" who had supposedly teased out the alleged victim's suppressed memories.
We voted to acquit in about an hour, and it only took that long because there were two morons who misunderstood pretty much the whole foundation of our criminal justice system -- they kept saying the guy was probably innocent but they just didn't want to take the risk of letting a child molester go. Made me pretty freaking scared to every put my fate in the hands of a jury (ironically the jury in the famous McMartin pre-school case was hung 10-2 in favor of acquittal, with two holdouts).
Anyway, one oddity we did not understand as a jury was that we never heard from the victim. I supposed it was some kind of age thing, that she was too young to testify. As it turns out, we learned afterwards that she did not testify for the prosecution because she spent most of her time telling anyone who would listen that her dad was innocent and the whole thing was made up by the sitter. Obviously the prosecution wasn't going to call her, and her dad would not allow his attorneys to call her as a witness, despite her supportive testimony, because he did not want to subject his daughter to hostile cross-examination. This is the guy the state wanted to prosecute -- he risked jail to spare his daughter stress, when in turn the state was more than happy to put that little girl through whatever it took to grind out a false prosecution.
update: This is a tragic and amazing recantation by a child forced to lie by prosecutors in one of these cases. Very brief excerpt of a long article:
I remember feeling like they didn't pick just anybody--they picked me because I had a good memory of what they wanted, and they could rely on me to do a good job. I don't think they thought I was telling the truth, just that I was telling the same stories consistently, doing what needed to be done to get these teachers judged guilty. I felt special. Important....
I remember going in our van with all my brothers and sisters and driving to airports and houses and being asked if we had been [abused in] these places. I remember telling people [that the McMartin teachers] took us to Harry's Meat Market, and describing what I thought the market was like. I had never been in there before, and I was fairly certain I was going to get in trouble for what I was saying because it probably was not accurate. I imagined someone would say, "They don't have that kind of freezer there." And they did say that. But then someone said, "Well, they could have changed it." It was like anything and everything I said would be believed.
The lawyers had all my stories written down and knew exactly what I had said before. So I knew I would have to say those exact things again and not have anything be different, otherwise they would know I was lying. I put a lot of pressure on myself. At night in bed, I would think hard about things I had said in the past and try to repeat only the things I knew I'd said before.
