3/21/11

THE MCMARTIN PRESCHOOL





McMartin preschool trial was a day care sexual abuse case of the 1980s. Members of the McMartin family, who operated a preschool in California, were charged with numerous acts of sexual abuse of children in their care. Accusations were made in 1983. Arrests and the pretrial investigation ran from 1984 to 1987, and the trial ran from 1987 to 1990. After six years of criminal trials, no convictions were obtained, and all charges were dropped in 1990. When the trial ended in 1990 it had been the longest and most expensive criminal trial in American history.

The case was part of the moral panic over satanic ritual abuse in the 1980s and early 1990s.


In 1983, Judy Johnson, mother of one of the Manhattan Beach, California preschool's young students, complained to the police that her son had been sodomized by her estranged husband and by McMartin teacher Ray Buckey. Ray Buckey was the grandson of school founder Virginia McMartin and son of administrator Peggy McMartin Buckey. Johnson's belief that her son had been abused began when her son had painful bowel movements.
In addition, Johnson also made several more accusations, including that people at the daycare had sexual encounters with animals, that "Peggy drilled a child under the arms" and "Ray flew in the air." Ray Buckey was questioned, but was not prosecuted due to lack of evidence. The police then sent a form letter to about 200 parents of students at the McMartin school, stating that their children might have been abused, and asking the parents to question their children.















On March 22, 1984, Virginia McMartin, Peggy McMartin Buckey, Ray Buckey, Ray's sister Peggy Ann Buckey and teachers Mary Ann Jackson, Bette Raidor, and Babette Spitler were charged with 115 counts of child abuse, later expanded to 321 counts of child abuse involving 48 children. In the 20 months of preliminary hearings, the prosecution, led by attorney Lael Rubin, presented their theory of sexual abuse. The children's testimony during the preliminary hearings was inconsistent. Michelle Smith and Lawrence Pazder, co-authors of the now-discredited satanic ritual abuse autobiography Michelle Remembers, met with the parents and children involved in the trial, and were believed by the initial prosecutor Glenn Stevens to have influenced the children's testimony. In 1986, a new district attorney called the evidence "incredibly weak," and dropped all charges against Virginia McMartin, Peggy Ann Buckey, Mary Ann Jackson, Bette Raidor and Babette Spitler. Peggy McMartin Buckey and Ray Buckey remained in custody awaiting trial; Peggy McMartin's bail had been set at $1 million and Ray Buckey had been denied bail.

Several hundred children were then interviewed by the Children's Institute International (CII), a Los Angeles abuse therapy clinic run by Kee MacFarlane. The interviewing techniques used during investigations of the allegations were highly suggestive and invited children to pretend or speculate about supposed events.] By spring of 1984, it was claimed that 360 children had been abused. Astrid Heppenstall Heger performed medical examinations and took photos of what she believed to be minute scarring which she stated was caused by anal penetration. Journalist John Earl believed that her findings were based on unsubstantiated medical histories. Later research demonstrated that the methods of questioning used on the children were extremely suggestive, leading to false accusations. Others believe that the questioning itself may have led to false memory syndrome among the children who were questioned. Ultimately only 41 of the original 360 children testified during the grand jury and pre-trial hearings, and fewer than a dozen testified during the actual trial.

Videotapes of the interviews with children were reviewed by Dr. Michael Maloney, a British clinical psychologist and professor of psychiatry, as an expert witness regarding the interviewing of children. Maloney was highly critical of the interviewing techniques used, referring to them as improper, coercive, directive, problematic, adult-directed in a way that forced the children to follow a rigid script and that "many of the kids' statements in the interviews were generated by the examiner."[19] Transcripts and recordings of the interviews contained far more speech from adults than children, and demonstrated that despite the highly coercive interviewing techniques used, initially the children were resistant to interviewers' attempts to elicit disclosures. Recordings of these interviews were instrumental in the jury's refusal to convict by demonstrating how children could create their vivid and dramatic testimonies without having experienced the abuse. The techniques used were contrary to the existing guidelines in California for the investigation of cases involving children and child witnesses.

Some of the accusations were described as "bizarre", overlapping with accusations that mirrored the just-starting satanic ritual abuse panic. It was alleged that, in addition to having been sexually abused, they saw witches fly, traveled in a hot-air balloon, and were taken through underground tunnels. When shown a series of photographs by Danny Davis, the McMartins' lawyer, one child identified actor Chuck Norris as one of the abusers.


Some of the abuse was alleged to have occurred in secret tunnels beneath the school. Several investigations turned up evidence of old buildings on the site and other debris from before the school was built, but no evidence of any secret chambers was found. There were claims of orgies at car washes and airports, and of children being flushed down toilets to secret rooms where they would be abused, then cleaned up and presented back to their unsuspecting parents. Some children said they were made to play a game called "Naked Movie Star" in which they were photographed nude.
During the trial, testimony from the children stated that the naked movie star game was actually a rhyming taunt used to tease other children -- "What you say is what you are, you're a naked movie star," -- and had nothing to do with having naked pictures taken.

Johnson, who made the initial allegations, made bizarre and impossible statements about Raymond Buckey, including that he could fly. Though the prosecution asserted Johnson's mental illness was caused by the events of the trial, Johnson had admitted to them that she was mentally ill beforehand. Evidence of Johnson's mental illness was withheld from the defense for three years, and when provided were in the form of sanitized reports that excluded Johnson's statements, at the order of the prosecution.

One of the original prosecutors, Glenn Stevens, left the case and stated that other prosecutors had withheld evidence from the defense, including the information that Johnson's son was unable to identify Ray Buckey in a series of photographs. Stevens also accused Robert Philibosian, the deputy district attorney on the case, of lying and withholding evidence from the court and defense lawyers in order to keep the Buckeys in jail and prevent access to exonerating evidence.


In 1989, Peggy Anne Buckey's appeal to have her teaching credentials re-instated after their suspension was granted. The judge ruled that there was no credible evidence or corroboration to lead to the license being suspended, and that a review of the videotaped interviews with McMartin children "reveal[ed] a pronounced absence of any evidence implicating [Peggy Ann] in any wrongdoing and...raises additional doubts of credibility with respect to the children interviewed or with respect to the value of CII interviewing techniques themselves." The following day the credentialling board of Sacramento endorsed the ruling and restored Buckey's right to teach.

During the trial, George Freeman was called as a witness and testified that Ray Buckey had confessed to him while sharing a cell. Freeman later attempted to flee the country and confessed to perjury in a series of other criminal cases in which he manufactured testimony in exchange for favorable treatment by the prosecution in other cases, in several instances creating false confessions of other inmates. In order to guarantee his testimony during the McMartin case, Freeman was given immunity to previous charges of perjury. Under immunity, Freeman admitted to fabricating Buckey's confession.

In 1990, after three years of testimony and nine weeks of deliberation by the jury, Peggy McMartin Buckey was acquitted on all counts. Ray Buckey was cleared on 52 of 65 counts, and freed on bail after more than five years in jail. Nine of 11 jurors at a press conference following the trial stated that they believed the children had been molested but the evidence did not allow them to state who had committed the abuse beyond a reasonable doubt. Eleven out of the thirteen jurors who remained by the end of the trial voted to acquit Buckey of the charges; the refusal of the remaining two to vote for a not guilty verdict resulted in the deadlock. The media overwhelmingly focused on the two jurors who voted guilty at the expense of those who believed Buckey was not guilty. Buckey was retried later on six of the 13 counts, which produced another hung jury. The prosecution then gave up trying to obtain a conviction, and the case was closed with all charges against Ray Buckey dismissed. He had been jailed for 5 years without ever being convicted of any wrongdoing.

The media coverage of the trial was very negative, and skewed towards an uncritical acceptance of the prosecution's viewpoint. David Shaw of the Los Angeles Times wrote a series of articles, which later won the Pulitzer Prize, discussing the flawed and skewed coverage presented by his own paper on the trial. It was only after the trial that coverage of the flaws in the evidence and events presented by witnesses and the prosecution were discussed.


The trial lasted seven years and cost $15 million, the longest and most expensive criminal case in the history of the United States legal system, and ultimately resulted in no convictions. The McMartin preschool was closed and the building was dismantled and several of the accused have died. In 2005 one of the children (now an adult) retracted the allegations of abuse.


Never did anyone do anything to me, and I never saw them doing anything. I said a lot of things that didn't happen. I lied. ... Anytime I would give them an answer that they didn't like, they would ask again and encourage me to give them the answer they were looking for. ... I felt uncomfortable and a little ashamed that I was being dishonest. But at the same time, being the type of person I was, whatever my parents wanted me to do, I would do.

The original accusing mother- Judy Johnson was diagnosed with and hospitalized for acute paranoid schizophrenia and in 1986 was found dead in her home from complications of chronic alcoholism before the preliminary hearing concluded.

Mary A. Fischer in an article in Los Angeles magazine said the case was "simply invented," and transmogrified into a national cause celebre by the misplaced zeal of six people: Judy Johnson, mentally ill mother who died of alcoholism; Jane Hoag, the detective who investigated the complaints; Kee MacFarlane, the social worker who interviewed the children; Robert Philibosian, the district attorney who was in a losing battle for re-election; Wayne Satz, the television reporter who first reported the case, and Lael Rubin, the prosecutor.


In 1990, parents who believed their children had been abused at the preschool hired archeologist E. Gary Stickel to investigate the site. In May 1990, Stickel claimed he found evidence of tunnels, consistent with the children's accounts, under the McMartin Preschool using ground-penetrating radar.


Others have disagreed with Stickel's conclusions. John Earle wrote in 1995 that the concrete slab floor was undisturbed except for a small patch where the sewer line was tapped into. Once the slab was removed, there was no sign of any materials to line or hold up any tunnels, and the concrete floor would have made it impossible for the defendants to fill in the tunnels once the abuse investigation began. The article concluded that disturbed soil under the slab was from the sewer line and construction fill buried under the slab before it was poured. Further, Earle noted that some fill from beneath the concrete slab was dated to the year 1940.

how could people be so gullible and hysterical? well let's take a look at a few past hoaxes-
1980's hack newsreporter and current reporter for foxnews,
(of course)- GERALDO RIVERA

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