Via Overlawyered, comes this fascinating confession of one of the young "accusers" in the McMartin pre-school sex abuse prosecutions, one of several witch-hunts from a mercifully brief era of a national day care sex-abuse panic. While certainly abuse occurs, as is made clear from recent Catholic Church revelations, prosecutors used the excuse of "protecting the children" to justify all kinds of abuses of the fact-finding process (something we should remember in the Patriot Act era).
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.
remember describing going to an airport and Ray taking us somewhere on an
airplane. Then I realized the parents would have known the kids were gone from
the school. I felt I'd screwed up and my lie had been caught"”I was busted! I was
so upset with myself! I remember breaking down and crying. I felt everyone knew
I was lying. But my parents said, "You're doing fine. Don't worry." And everyone
was saying how proud they were of me, not to worry.
I'm not saying
nothing happened to anyone else at the McMartin Pre-School. I can't say that"”I
can only speak for myself. Maybe some things did happen. Maybe some kids made up
stories about things that didn't really happen, and eventually started believing
they were telling the truth. Maybe some got scared that the teachers would get
their families because they were lying. But I never forgot I was lying.
There is much more in the article, demonstrating how prosecutors manipulated children to get prosecutions.
This topic has resonance with me because I sat on the jury of such a case around 1992. Earlier sex-abuse prosecutions were starting to look suspicious, but there was still a lot of incentive for prosecutors to push high-profile cases (after all, Janet Reno would soon become AG for the US, largely on the strength of a number of well publicized and in retrospect very questionable such prosecutions). By 1992, though, defense lawyers had caught up and were better at highlighting the egregious tactics used by prosecutors to coax stories out of children. Many of the tactics we saw in our trial were identical to those recounted in this article. There was even an eerie parallel to this recent Vioxx case, as the initial (3rd party) accuser who first reported that the victim was being abused seemed more motivated by getting on Oprah than getting her facts correct.