Title: |
The Abuse of Innocence: The McMartin Preschool Trial
|
Authors: |
Paul and Shirley Eberly |
Publisher: |
Prometheus Books, © 1993 |
Prometheus Books
59 John Glenn Drive
Buffalo, NY 14228-2197
(716) 837-2475
$24.95 (c)
This 413-page book consists of the authors' six- year coverage of the
two trials involving the McMartin Preschool, the longest and most
expensive ($16 million) trial in United States' history. Names, dates.
and events are covered honestly and frankly and there are photographs of
the main participants along with a very short bibliography. There is no
index.
The McMartin case demonstrates the weakest side of our justice system. There were seven original defendants but ultimately no convictions, and
the Eberlys describe how the case was mismanaged by the court, the
prosecution, and Children's Institute
International (CII). The authors sat
through the pretrial hearings and both trials and have frequent quotes
from the court record.
The book provides a distressing account of misjustice and joins the
Scott County, Minnesota; Edenton, North Carolina; and Kelly Michaels cases
as examples of sexual abuse hysteria that resulted in charges of bizarre
sexual abuse. It tells how the defense had to go to England to get Dr.
David Paul as the expert medical witness because the pressure and
intimidation by the prosecution and medical professionals made it
impossible to get a qualified American doctor to testify. It describes the
many rulings by Judge Pounder that were so unfavorable to the defense that
defense attorney Daniel Davis considered filing an affidavit of
prejudice against him for manipulating the evidence presented to the jury. It chronicles how the media overwhelmingly assumed that the abuse was real
and the Buckeys guilty, biased reporting that had a large role in
promoting the hysteria. It contains selections from the transcripts of the
tapes from CII (CII interviewed all of the children and elicited the
statements about abuse) and notes how the suggestive interviews were
central in the development of the allegations.
The Buckeys attempted to sue CII and the prosecutors but it was ruled
that those who reported or prosecuted any person for child abuse had total
immunity from civil and criminal liability, even if the report was made in
malice, with full knowledge that it was false. At the end of the book, the
authors state that what bothered them most was that everybody involved in
the case most certainly knew there was no credible evidence to support a
belief that the Buckeys had molested children.
Readers who want to know more about the McMartin trial after reading
John Earl's article in this issue should read
this book. (Also see Volume 2, No. 4, 1990 of this journal,
"After the McMartin Trials: Some
Reflections from the Buckeys.")
Reviewed by LeRoy Schultz, Emeritus Professor, West
Virginia University.