Amirault, Ingram and Wenatchee child abuse cases
September 12, 2008 § Leave a comment
Letters to the Editor: The Real Darkness Is Child Abuse WALL STREET JOURNAL (J) 02/24/95
excerpts:
As the chief prosecutor of both of the Amirault cases I am writing to prevent the public from being misled into believing that an injustice occurred as Dorothy Rabinowitz alleges in her Jan. 30 editorial-page piece “A Darkness in Massachusetts.”
Her suggestion that the convictions were based on “some of the most fantastic claims ever presented” presumptuously ignores the reality of the cases. The three Amiraults — Gerald, Violet and Cheryl – were convicted after two trials before different judges and juries almost one year apart. They were represented by able and well-known defense counsel. The convictions were upheld after review by state and federal appellate courts. The McMartin case in California was the result of a botched legal system and Kelly Michaels’s conviction was overturned because of legal errors. Contrary to Ms. Rabinowitz’s implication, the Amirault convictions were neither of these.
Studies show, as did testimony from a nationally recognized pediatric gynecologist, that most sexually molested young children have absolutely normal physical examinations. However, in Amirault, the majority of the female children who testified had some relevant physical findings, as did several female children involved in the investigation who did not participate in the trial. The findings included labial adhesions and hymenal scarring of the sort present in a very small percentage of non-sexually abused children.
Ms. Rabinowitz’s article is a superficial, one-sided look at a case handled extensively and carefully by the legal system. The victims and their families in these cases have been irrevocably harmed by what was done to them by the Amiraults. Every argument raised by Ms. Rabinowitz was ably presented by the defense at the trials. The juries, by their verdicts, rejected these arguments. Justice was done.
see for actual case evidence http://abusearticles.wordpress.com/category/commonwealth-vs-amirault/
http://abusearticles.files.wordpress.com/2007/12/common-vs-amirault-424-mass-618-page-624.jpg
http://abusearticles.files.wordpress.com/2007/12/common-vs-amirault-424-mass-618-page-622.jpg
“All nine children testified in a broadly consistent way…The children testified to numerous instances of sexual abuse. Some of the children testified that they were photographed during this abuse, describing a big camera with wires, a red button, and pictures which came out of the camera. The children testified that the defendant threatened them and told them that their families would be harmed if they told anyone about the abuse….The Commonwealth also presented a pediatric gynecologist and pediatrician who examined five of the girls who testified…She made findings consistent with abuse in four of the girls.”
Amirault’s accusers reveal their faces, and their pain Boston Herald – Boston, Mass. – Peter Gelzinis – Aug 7, 2001
Mass. Victims Fight Commutation Plea By Leslie Miller, Associated Press Writer
excerpts:
CAMBRIDGE, Mass. (AP) – Victims in the Fells Acres child abuse case broke down Thursday as they described their pain publicly for the first time in hopes of keeping the last person convicted in the case behind bars. Victims urged her to keep Amirault in prison. “During counseling meetings as a child, I would speak of a tall man touching me and taking pictures of me,” Phaedra Hopkins, 20, said at an emotional news conference. “So many times, Mr. Amirault hovered over me, touched me and hurt me and committed many disgusting acts of abuse.” Those children, now adults, stood by their testimony Thursday.
“This family raped me, molested me and totally ruined my life,’‘ said Jennifer Bennett, who was 31/2 years old when she started at Fells Acres. “We weren’t coaxed. We weren’t lying. We’re telling the truth and we always will,” said Bennett, 22. “I was there. None of you were there. We weren’t coaxed, nor were we ever ever ever brainwashed.” Brian Martinello, 21, said he was sexually abused by Amirault. His mother, Barbara Standke, claims her son came home from the day care with sores on his genitals and other people’s underwear. “I think it’s an absolute disgrace to let anyone out of prison for such a disgusting crime,” Martinello said.
Paul Ingram – Thurston County Washington Case
Seattle Post-Intelligencer – June 8, 1996 – News, Pg. B1 – Son of Deputy Says He Was Sexually Abused ; Dramatic Report in Testimony to Clemency Panel -: Rachel Zimmerman P-I Capitol Bureau – Olympia
excerpts:
The son of Paul Ingram, a former Thurston County deputy sheriff who confessed to raping his daughters during nightmarish satanic rituals but later recanted, said for the first time yesterday that he was physically and sexually abused by his father for eight years. Chad Ingram, 27, told the state Pardons and Clemency Board that his father, who is serving 20 years in prison after pleading guilty to six counts of third-degree rape – crimes he now says never happened – said he was abused by his father from ages 4 to 12. “He would put himself on top of me and I would perform oral sex on him,” Chad Ingram said.
Thurston County Sheriff Gary Edwards, though the case never went to trial, it was subject to intense judicial scrutiny, “all the way up to the Ninth Circuit.” Edwards added, “This case was not perfect but it had complete judicial review. “Paul Ingram did commit these crimes; he plead guilty to these crimes. I have no problem shaving in the morning . I can look myself in the mirror.”
The Facade of Scientific Documentation: A Case Study of Richard Ofshe’s Analysis of the Paul Ingram Case” by Karen Olio and William Cornell. APA’s journal “Psychology, Public Policy, and Law,” (1998, Vol. 4, No. 4, 1182-1197) “The case of Paul Ingram, a man who pleaded guilty to sexually abusing his daughters, has received widespread media attention. Richard Ofshe (1992, 1994) set forth a narrative of the case which included his account of an experiment to test the veracity of Ingram’s confessions and concluded that the inadvertent use of hypnosis during Ingram’s interrogation resulted in the creation of pseudomemories that convinced Ingram of his guilt. On the basis of an examination of the original source documents, the authors discusses the errors of fact, methodological flaws, and confounding factors in Ofshe’s rendering of this case of alleged child abuse. They also cite examples of the extent to which Ofshe’s imperfect narrative of this case and pseudoscientific conclusions have been uncritically accepted and repeated in the literature…”
Harvard Society for Law & Public Policy, Inc. Harvard Journal of Law & Public Policy – Spring, 1999 – 22 Harv. J.L. & Pub. Pol’y 523 The Guilty and the “Innocent”: an Examination of Alleged Cases of Wrongful Conviction from False Confessions by Paul G. Cassell – “According to the authors(Leo and Ofsche), in twenty-nine of these cases the false confession resulted in the wrongful conviction of an innocent person.” “examines nine of these twenty-nine cases in detail. Based on review of original trial court records and other similar sources, the part concludes that each of these nine persons were, in all likelihood, entirely guilty of the crimes charged against them.” “Leo and Ofshe rely in large measure on secondary sources for the descriptions of the evidence against the defendants in their collection….For many cases, court records are available only in the local courthouses where the trial took place, while media accounts are often readily accessible in computerized databases. Relying on secondary sources, however, poses the risk of inaccurate recounting of the evidence. Examining primary sources for the cases in Leo and Ofshe’s collection reveals that this is a very real problem.” “The problems with the subjective determination of “innocence” in the Leo-Ofshe collection, like similar problems elsewhere, suggests that reliance on second-hand sources combined with understandable enthusiasm for the enterprise of discovering miscarriages may produce more such cases than really exist.” “Only a relative handful of Leo and Ofshe’s cases would satisfy the criterion of undisputed wrongful conviction.” http://www.kspope.com/memory/facade1a.php
Wenatchee, Washington Case
http://abusearticles.wordpress.com/category/articles-on-wenatchee/
information from articles :
At the trial, one girl showed “definite medical signs of sexual abuse” while “it could not be ruled out for two others.
In 1996, a consultant, retired Bellevue Police Chief D.P. Van Blaricom, hired by a city insurer who looked into how the Wenatchee police ran the child abuse investigations stated that the cases were handled properly. A U.S. Department of Justice investigation also found that there was no evidence of civil rights violations.
Cops Win Wash. State Sex Ring Case – June 29, 1998 – Aviva L. Brandt AP Online – Seattle “A jury on Monday rejected claims of police misconduct brought by four people who say they were falsely accused of child rape and molestation. After deliberating for more than five days, the King County Superior Court panel decided that the central Washington town of Wenatchee, the town’s police officials and three members of the Douglas County sheriff’s department did not violate the civil rights of the four, who said they were falsely accused in 1994-95. Douglas County Sheriff Dan LaRoche said the verdict allows police to keep investigating sex abuse and molestation cases without fear of lawsuits.
Debate Rages Over Wenatchee Sex-Ring Allegations – November 6, 1995 – Aviva L. Brandt, Associated Press Writer – Wenatchee, Wash.
Excerpts:
A line divides this town. On one side are those who believe dozens of children were raped and molested over seven years by adults in two loosely organized sex rings. On the other are those who assert a rogue cop and obsessed social workers created a whirlpool of sexual hysteria – coaxing children into accusations and bullying bewildered, poorly educated adults into confessions. Gov. Mike Lowry, petitioned by critics who believe the case is a witch hunt, has asked for a Justice Department review and is awaiting a decision from U.S. Attorney General Janet Reno. Authorities say as many as 50 children were forced to have sex with adults since 1988 – sometimes alone, sometimes in groups. In the last year, 28 adults have been charged with child rape and sexual abuse. Five have been convicted, 10 have pleaded guilty.
“Every female victim had physical evidence of sexual abuse and the majority of the males did,” Smith said. “Clearly it’s pretty good evidence to show that this is occurring.”
Douglas County Prosecutor Steve Clem sounded frustrated when asked about allegations that his office hasn’t bothered to look for the truth. “The defense attorneys are using what I’m sure … some day in the future will be called the O.J. defense, where they sling mud, make wild accusations and see conspiracies all around them,” he said. “There’s physical evidence consistent with the stories they (the children) tell. There’s more than one person talking about the very same things going on,” said Tim Abbey, a regional supervisor with the state Child Protective Services. “And there are a lot of confessions, and many times they’re confessing to more than the kids said happened.”
Media Manipulation of the False Memory Syndrome Foundation
September 12, 2008 § Leave a comment
U-Turn on Memory Lane by Mike Stanton – Columbia Journalism Review – July/August 1997
The FMSF builds much of its case against recovered memory by attacking a generally discredited Freudian concept of repression that proponents of recovered memory don’t buy, either. In so doing, the foundation ignores the fifty-year-old literature on traumatic, or psychogenic amnesia, which is an accepted diagnosis by the American Psychiatric Association. In his 1996 book “Searching for Memory,” the Harvard psychologist and brain researcher Daniel L. Schachter — who believes that both true and false memories exist — says there is no conclusive scientific evidence that false memories can be created….The foundation and its backers “remind me of a high school debate team,” says the Stanford psychiatrist David Spiegel, an authority on traumatic amnesia. “They go to the library, surgically extract the information convenient to them and throw out the rest.”….Many therapists, like their patients, hesitate to speak out. Recently, though, they have begun to make a more concerted effort to mobilize a response.
One of the most outspoken critics of the false-memory movement is a Seattle therapist, David Calof, editor until last year of Treating Abuse Today, a newsletter for therapists. He has identified what he calls the movement’s political agenda — lobbying for more restrictive laws governing therapy and promoting the harassment of therapists through lawsuits and even picketing of their offices and homes. Calof himself has been the target of picketing so fierce that he has been in and out of Seattle courtrooms over the last two years, obtaining restraining orders. He was spending so much time and money fighting the FMSF supporters’ campaign against him, he says, that he was forced to stop publishing the newsletter last year. He recently donated the publication to a victims’ rights group in Pennsylvania, which has resurrected it as Trauma. The new publisher says that views part of its mission as reporting on FMSF, since the mainstream media don’t.
Among journalists, perhaps the most relentless critic of the foundation is Michele Landsberg, a Toronto Star columnist. In 1993, she says, an Ontario couple, claiming to have been falsely accused, contacted her and asked her to write about their case. Unconvinced, she declined, and eventually started writing instead about the foundation.She attacked its scientific claims and criticized the sensational media coverage. She described how a foundation scientific adviser, Harold Merskey, had testified that a woman accusing a doctor of sexual abuse in a civil case might in fact have been suffering from false memory syndrome. But the accused doctor himself had previously confessed to criminal charges of abusing her. Landsberg also challenged the credentials of other foundation advisers. She noted that one founding adviser, Ralph Underwager, was forced to resign from the foundation’s board after he and his wife, Hollida Wakefield, who remains an adviser, gave an interview to a Dutch pedophilia magazine in which he was quoted as describing pedophilia as”an acceptable expression of God’s will for love.” Landsberg also wrote that another adviser, James Randi, a magician known as “The Amazing Randi,” had been involved in a lawsuit in which his opponent introduced a tape of sexually explicit telephone conversations Randi had with teenage boys. (Randi has claimed at various times, she said, that the tape was a hoax and that the police asked him to make it.) “Why haven’t reporters investigated the False Memory Syndrome Foundation?” she asks. “It’s legitimate to examine their backgrounds –here are people who really do have powerful motivation to deny the truth.” http://web.archive.org/web/20090124212304/http://backissues.cjrarchives.org/year/97/4/memory.asp
Battle Tactics of the False Memory Syndrome Foundation – Noel Packard – New School for Social Research, N.Y. History Matters Conference April 23-24, 2004
Censorship is also a tactic that FMS Foundation adherents use to silence voices they don’t agree with. Katy Butler, published a critical review of Ofshe’s and Watter’s book, Making Monsters (1994) in the Los Angeles Times. Later the newspaper’s book review editor received a vague threat of a lawsuit from Ofshe’s representative (K. Butler personal communication with Lynn Crook January 28, 2000). Later Butler was asked to write a story for Newsweek examining the uncritical acceptance of Foundation claims and to provide documented cases of recovered memory and traumatic amnesia. Upon learning of this assignment Foundation Advisory Board members Richard Ofshe and Fredrick Crews, as well as Peter and Pamela Freyd, wrote strongly worded letters of complaint to Newsweek which effectively canceled Butler’s assignment (Stanton 1997). Although these censorship activities were reported in Mike Stanton’s article “U-Turn on Memory Lane” (1997) Nevertheless, Newsweek editors confirmed that the FMS Foundation letters helped kill Butler’s article. Butler said at a national conference of investigative reporters and editors in Rhode Island in 1996: “I’ve worked hard very hard to tell both sides of the story. What’s interesting to me about all of this that telling both sides has started to seem like a risky act.” (Stanton 1997: 49)….
In 1994 the editor of the Journal of Psychohistory Lloyd DeMause wrote to many professional subscribers to inform them that he feared a lawsuit by the FMS Foundation for publishing a special issue of his journal on cult abuse. Dr. Jean Goodwin a psychiatrist at University of Texas Medical Branch responded with a letter that conveys the overall feeling among the mental health community in the early 1990s. Goodwin: From a Psychohistorical viewpoint it is fascinating to watch this organization systematically limit freedom of speech in this area. Their suits of publishers have driven many books out of print. Board members have prevented publication of many articles. As far as I know you are the first journal editor they have targeted. The slander suit stopped the audio-tapping of many presentations in this area. The licensing attacks and the malpractice suits threaten freedom of speech in the psychotherapy consulting room, which is where it is supposed to be most free. Silence still is the priority for the perpetrator (Goodwin 1994) Goodwin’s letter captures the effect that Foundations’ tactics had on the therapy community in the early 1990s. Today the overall effect of the Foundation’s court cases and tactics is more muted. One newly graduated MFT told me that as far as she knows the Foundation has had no impact on the practices of MFTs at all. A social worker who teaches a certification class on mandated reporting includes the Foundation topic in her lectures, saying that the Foundation “made us clean up our act.” I’ve also heard a seasoned MFT who teaches a class titled, “Counseling as a Career Option” lament that practicing psychotherapy is becoming a profession only for the rich (both as practitioners and clients). Perhaps this is due to recent constrictions and costs associated with lawsuits, training programs, licensing and insurance policies? I
It appears that the Foundations’ efforts to drive non-cognitive therapy beyond the grasp of un-wealthy clients are having some success. Kondora’s and Beckett’s studies indicate that the Foundation has been successful in many of its efforts to manage public perception of child abuse victims, therapists and the people accused of child abuse. Kondora and Beckett show that not only has public perception of victimized children become skeptical, but in fact, the press often goes beyond the Victorian custom of neutrality on all fronts of the issue, to out-right sympathy for accused molesters. What began in the 1960s and 1970s as a child welfare movement has arrived today as an accused sex-offender welfare movement (Goldsmith 2003); and right in time for an era when people are having more babies, less birth control and have easier ways to create home based child pornography than ever before. The Foundation has won many expensive malpractice lawsuits that have made news headlines. Such cases have probably put a chill into more than one therapy session, which is what they are intended to do.
The Foundation’s efforts in and out of the court room have provided reasons for health insurance companies to reduce insurance payments for mental health care and have tied those payments generally to mental health diagnoses. Training programs for clinical therapists have become more like the clinical training programs of the cold-war years, more science oriented, more stringent, more bio-logically and drug oriented, and less theory and talked based. Many of the support groups, networks, newsletters, journals, and even significant names in the child welfare movement of the 1980’s and 1990’s have faded, vanished or been displaced by on-line and other services of the FMS Foundation. Kondora, Lori L. 1997. A Textual Analysis of the Construction of the False Memory Syndrome: Representations in Popular Magazines; 1990-1995. Ph.D. diss. University of Wisconsin, Madison. – Beckett, Katherine. 1996. Culture and the Politics of Signification: The Case of Child Sexual Abuse. SOCIAL PROBLEMS, Vol. 43, No. 1, February: 57-76. http://www.newschool.edu/nssr/historymatters/papers/NoelPackard.pdf
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