Sunday, March 22, 2009

Day Care and Child Abuse Cases

This page has information on the McMartin Preschool Case, Michelle Remembers, the Fells Acres - Amirault Case, the Wenatchee, Washington Case, the Dale Akiki Case, the Glendale Montessori - Toward case and the Little Rascals Day Care Center case.

It describes alleged crimes against children and the convictions in most of these cases.

The McMartin Preschool Case - What Really Happened and the Cover-up

http://ritualabuse.us/ritualabuse/articles/mcmartin-preschool-case-what-really-happened-and-the-coverup/

verification of the accuracy of the book “Michelle Remembers“by Michelle Smith and Lawrence Pazder, MD from the book “A NOTE FROM THE PUBLISHER” pages xi - xiii”

“Dr. Pazder’s credentials are impressive. He obtained his M.D. from the University of Alberta in 1961; his diploma in tropical medicine from the University Liverpool in 1962; and in 1968, his specialist certificate in psychiatry and his diploma in psychological medicine from McGill University. In 1971, he was made a fellow of Canada’s Royal College of Physicians and Surgeons. He is a member of three Canadian professional associations and of the American Psychiatric Association as well. He practiced medicine in West Africa and has participated in medical task forces and health organizations. He has been chairman of the Mental Health Committee of the Health Planning Council for British Columbia. A member of the staff of two hospitals in Victoria, British Columbia -the Royal Jubilee and the Victoria General-he is in private practice with a group of five psychiatrists. His professional papers include a study of the long-term effects of stress upon concentration-camp victims.

Two experienced interviewers journeyed to Victoria and talked to Dr. Pazder’s colleagues, to the priests and the bishop who became involvedin the case, to doctors who treated Michelle Smith when she was a child, to relatives and friends. From local newspaper, clergy, and police sources they learned that reports of Satanism in Victoria are not infrequent and that Satanism has apparently existed there for many years. Satanism in Western Canada flourished in many areas with activities far more ominous than some of the innocuous groups now found in parts of the United States who claim some connection with Satanism.

The source material was scrutinized. The many thousands of pages of transcript of the tape recordings that Dr. Pazder and Michelle Smith made of their psychiatric sessions were read and digested; they became the basis of this book. The tapes themselves were listened to in good measure, and the videotapes made of some of his sessions were viewed. Both the audio and video are powerfully convincing. It is nearly unthinkable that the protracted agony they record could have been fabricated.”

Thomas B. Congdon, Jr New York April 22, 1980

Fells Acres - Amirault Case

http://web.archive.org/web/20010719201703/http://www.vocal-nasvo.org /hardoon.htm

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 avery 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.”

http://pqasb.pqarchive r.com/bostonherald/access/77139259.html?dids=77139259:77139259&FMT=ABS& ;FMTS=ABS:FT&date=Aug+7%2C+2001&author=Peter+Gelzinis&pub=Boston+H erald&edition=&startpage=002&desc=Amirault%27s+accusers+reveal+the ir+faces%2C+and+their+pain

Amirault’s accusers reveal their faces, and their pain Boston Herald - Boston, Mass. - Peter Gelzinis - Aug 7, 2001

http://web.archive.org/web/2001080701133 0/http://dailynews.yahoo.com/h/ap/20010802/us/preschool_abuse_3.html

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 3 1/2 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.”

Dale Akiki Case

describes crimes

Ex-School Volunteer Acquitted of Child Abuse Charges Verdict: After deliberating for just seven hours, jury finds Dale Akiki not guilty on all 35 counts. Trial was longest in San Diego’s history. Los Angeles Times - Los Angeles, Calif. - Michael Granberry - Nov 20, 1993
http://pqasb.pqarchiver.com/latimes/access/60254778.html?dids=60254778:6025 4778&FMT=ABS&FMTS=ABS:FT&type=current&date=Nov+20%2C+1993& author=MICHAEL+GRANBERRY&pub=Los+Angeles+Times+(pre-1997+Fulltext)&edi tion=&startpage=29&desc=Ex-School+Volunteer+Acquitted+of+Child+Abuse+C harges+Verdict%3A+After+deliberating+for+just+seven+hours%2C+jury+finds+Dale+A kiki+not+guilty+on+all+35+counts.+Trial+was+longest+in+San+Diego%27s+history

A Superior Court jury concluded a 7 1/2-month trial Friday by acquitting a former nursery school volunteer of 35 counts of child abuse and kidnapping that had kept him jailed without bail for 2 1/2 years….

Nearly 170 witnesses testified during Akiki’s trial-the longest in San Diego history-which ended after only seven hours of jury deliberation….

Several on the (jury) panel sided with Akiki’s attorneys, public defenders Kathleen Coyne and Susan Clemens, who tried to show that Akiki’s alleged victims-nine boys and girls between the ages of 3 and 5-had been systematically brainwashed by parents and therapists.

But Deputy Dist. Atty. Mary Avery, the lead prosecutor, disputed such claims.

“The whole idea of contamination and suggestibility just does not account for the major behavior changes that occurred (in the children) while they were in Dale Akiki’s (nursery school) class,” she said, referring to such incidents as bed-wetting and nightmares.

Witnesses accused Akiki of sexually molesting and terrorizing children at Faith Chapel charismatic church in Spring Valley by hanging them upside-down from a chandelier, dunking them in toilets and making them drink the blood of animals in ritualistic ceremonies.

Molestation Hearing Continues Next Week - Los Angeles Times - February 8, 1992 - San Diego County Edition

.…Deputy Dist. Atty. Mary Avery has called some of the parents to testify about behavioral changes they observed in the children. “There were drastic changes observed,” Avery said. Defense attorney Kate Coyne, however, maintains that Akiki has been falsely accused by parents who did not like his physical appearance.

Judge Rejects Bail for Suspect In Molestations at Preschool - Los Angeles Times - May 25, 1991 Amy Wallace; Times Staff Writer

….But Deputy Dist. Atty. Mary Avery, the prosecutor, said that, in addition to the grand jury testimony of seven children who attended the Faith Chapel in Casa de Oro, her case will rely on behavioral symptoms observed by parents months before any allegations of abuse were raised.

One mother said her daughter was so terrified of having her head near water that it was impossible to wash her hair, Avery said. Grand jury testimony later revealed that at least one child had had her head dunked in a toilet, she said.

Testimony was also heard that a child became hysterical when he was taken to a hospital to get stitches, apparently because he had a flashback of “the defendant holding him down and hurting him,” Avery said. The indictment filed against Akiki said he inflicted injuries on children with a needle.

Avery maintained that some of the children remain so traumatized by Akiki’s treatment that they have attempted suicide–one by running in front of a car, another with a knife.

Other Suspects Added to Child Sex Abuse Probe - Los Angeles Times - May 15, 1991 - Amy Wallace; Times Staff Writer

As many as three former child care workers at Faith Chapel in Spring Valley are suspected of molesting and abusing preschoolers over a 15-month period ending in August, 1989, a San Diego County prosecutor said Tuesday.

Speaking after the arraignment of Dale Anthony Akiki, a former church volunteer who was indicted last week on 50 felony counts of child molestation and related charges, Deputy Dist. Atty. Mary Avery said two other former child care workers are being investigated….

According to the 13-page indictment, which a grand jury returned after hearing live televised testimony from seven of the children, Akiki abused them sexually and physically, at times using a bottle top, a toy, a glass, a stick and a needle.

Church Volunteer Indicted in Molestations - Los Angeles Times - May 14, 1991 - Amy Wallace; Alan Abrahamson; Times Staff Writers

….Soon, Avery said, a couple of parents noticed that their children were exhibiting similar “unusual” and “regressive” behavior. The children had not yet said they were abused, Avery said, but the parents observed a pattern.

“In thinking it over, they realized the one thing the children had in common was they went to the same church,” she said.

The church asked a licensed social worker to assess whether there was reasonable suspicion of abuse and, after talking to a few families, he reported the case to the authorities.

Avery began investigating in February, 1990. Since then, she said, the district attorney’s office has kept Akiki under periodic surveillance, “to make sure he was not working with children during the week or involved with child care in any way.”

Avery said her case is strengthened by the fact that it relies on the children’s behavior as well as their testimony. “It will focus on behavior that was observed prior to the initial disclosure” of the alleged abuse, she said. “So there cannot be a contamination issue regarding behavior that occurred prior to anyone ever mentioning this to the children.”

Unlike other child molestation cases that rely largely on the testimony of the victims, the Akiki case is “one which can be cleanly and coherently presented to a jury for their determination,” said Steve Casey, a spokesman for the district attorney’s office.

Glendale Montessori - Toward case
describes crimes

Headmaster’s evil lives on in 20-year-old abuse case By Jill Taylor Palm Beach Post Staff Writer 3/1/08 Stuart - Twenty years ago today, on a quiet street in a guard-gated Palm City community, investigators snapped handcuffs onto the wrists of a respected Montessori school headmaster and delivered a message the people of Martin County did not want to hear. Little children, lots of little children, were raped and defiled in unspeakable ways by a man some of the smartest and richest people in the community had trusted to care for their sons and daughters….Hours later, Toward’s office manager, Brenda Williams, turned herself in at the Martin County jail to answer similar charges. Four months later, Toward was charged with molesting and kidnapping five more preschool boys, and Williams was charged in four of those cases. Investigators later learned of up to 60 victims, most ages 2 to 5….Toward, now 77, pleaded guilty to molesting or kidnapping the six boys and was sentenced to 27 years in prison. He was released from his prison term on probation after 12 years, but has remained in custody under the state’s Jimmy Ryce Act, which allows confinement of sex offenders deemed a continuing danger to the community. Toward is challenging his commitment and maintains his innocence, saying his plea was only to avoid a harsher sentence. No date has been scheduled for a civil trial on the issue. He did not respond to a request for an interview. Part of Toward’s plea deal prevented prosecutors from filing more charges or arresting others they thought were involved when dozens more victims came forward later….”We found there were literally dozens of kids who were affected by this guy for a long time,” Colton said. “He spent his life manipulating people. He convinced people they could trust him with their children.” Ralicki expects she will be called to testify at an upcoming Jimmy Ryce hearing. She says she has no doubt that Toward still poses a threat to children. She can never forget what he did to the 20 or so children she treated….Williams pleaded no contest to sex and attempted kidnapping charges involving five boys, and was released from prison in 1993 after serving five years of a 10-year sentence. She could not be reached for comment, but is listed in records as owning a home in Vero Beach….
The psychotherapist Jeanne Ralicki, who treated many of the victims stated “There’s this whole underbelly of evil here that just oozes…Who wants to think that that exists in the world?”
http://www.palmbeachpost.com/

Little Rascals Day Care Center case
(describes crimes)

Closing Arguments in Child-Abuse Trial By Ronald Smothers, 3/24/1992 New York Times - Calling the operator of a day-care center who is the defendant in a child sex-abuse case an “evil, evil man,” the prosecution in the eight-month-long case began closing arguments today, painstakingly recalling children’s testimony that jurors had not heard since September…. Mr. Kelly, 43 years old, is facing 100 charges of sexually abusing a dozen children in 1988 and 1989 at the Little Rascals Day Care Center in Edenton, N. C., 60 miles east of here. Originally there were 248 charges involving 22 children, but the prosecution has withdrawn many charges while Judge D. Marsh McLelland of Pitt County Superior Court has dismissed others. Six Others Charged - Still, the case remains one of the largest child sex-abuse cases in the nation’s history in terms of number of charges and alleged victims. The case also involves charges against Mr. Kelly’s wife, Elizabeth, three adult employees of the center and two other adults. All have been accused of fondling, raping and sodomizing the children at the center….Testifying on his own behalf in January, Mr. Kelly said he never touched any of the children in a sexual way….Using 8-by-10-inch color photographs of each of the dozen children who testified, Mrs. Lamb recounted their own childish words in testifying about what “Mr. Bob” did to them. The words, which were children’s euphemisms for sex organs and body parts, seemed incongruous coming from the adult prosecutor, but with repetition even that incongruity served to highlight the horror of the allegations. http://www.nytimes.com/1992/03/24/us/closing-arguments-in-child-abuse-trial.html

Man convicted in N.C. child sex abuse case M. Mayfield 4/23/92 USA TODAY In April 1992, “Robert Kelly Jr. was convicted of 99 of 100 counts of rape and related crimes against children.” One of the mothers of the 12 children that testified against Kelly stated that she felt “overwhelming relief.” The six other defendants, including Kelly’s wife, would face trials later. The jury believed the children on the witness stand. One juror stated “the children were convincing.” Kelly and his supporters believed he was innocent. He was sentenced to 12 consecutive life terms in prison. The trial “included 83 prosecution witnesses and 60 defense witnesses.” The children had testified that Kelly had forced them to have different types of sex. The parents testified that the children exhibited abnormal behavior. “Twelve children, between the ages of 4 and 7, testified, and the results of physical and psychological tests of them were presented as evidence.” http://www.highbeam.com/do c/1P2-1002268.html

Day-Care Owner Is Convicted of Child Molesting 4/23/92 The longest and costliest criminal trial ever held in North Carolina ended today when the owner of a day-care center was convicted on 99 of 100 charges of sexually abusing 12 children there. After 14 days of deliberating, a Pitt County Superior Court jury found the 44-year-old defendant, Robert F. Kelly Jr., guilty of 4 counts of rape, 46 of taking indecent liberties, 36 of first-degree sexual offense and 13 crimes against nature. He was acquitted only of a single charge of taking indecent liberties with one of the 12 children….one juror, Dennis Ray, did speak to reporters, saying the panel had rejected the defense’s assertion of widespread hysteria and had believed the children. “The children were convincing,” Mr. Ray said. http://www.nytimes.com/1992/04/23/us/day-care-owner-is-convicted-of-child-molesting.html

Six months after Betsy’s release, the Appellate Court of North Carolina overturned the convictions of both Robert Kelly and Dawn Wilson, stating that there were legal errors by the prosecution. On May 23, 1997, the prosecution dropped all charges related to the Little Rascals case against the two.

No comments: