No. 94-314 In The Supreme Court of the United States ___________________________________ October Term, 1994 ___________________________________ RALPH UNDERWAGER and HOLLIDA WAKEFIELD, Petitioners vs. ANNA SALTER, PATRICIA TOTH, MIMI ROSE NATIONAL CENTER FOR PROSECUTION OF CHILD ABUSE, AMERICAN PROSECUTOR'S RESEARCH INSTITUTE, NATIONAL DISTRICT ATTORNEYS' ASSOCIATION. CHARLES VAUGHAN AND JAMES PETERS Respondents _________________________________ MOTION FOR LEAVE TO FILE BRIEF AMICUS CURIAE AND BRIEF OF AMICUS CURIAE NATIONAL ASSOCIATION OF STATE VOCAL ORGANIZATIONS, INC. IN SUPPORT OF RALPH UNDERWAGER AND HOLLIDA WAKEFIELD, Petitioners ________________________________ Louis Kiefer Counsel of Record Capitol Place 21 Oak St., Suite 310 Hasrtford, CN 06106-8002 (203) 249-3600 Attorney for Amicus Curiae National Association of State VOCAL Organizations, Inc. In The Supreme Court of the United States October Term, 1994 No. 94-314 RALPH UNDERWAGER and HOLLIDA WAKEFIELD, Petitioners vs. ANNA SALTER, PATRICIA TOTH, MIMI ROSE NATIONAL CENTER FOR PROSECUTION OF CHILD ABUSE, AMERICAN PROSECUTOR'S RESEARCH INSTITUTE, NATIONAL DISTRICT ATTORNEYS' ASSOCIATION. CHARLES VAUGHAN AND JAMES PETERS Respondents On Petition for Writ of Certiorari to the Court of Appeals for the Seventh Circuit MOTION FOR LEAVE TO FILE BRIEF AMICUS CURIAE The National Association of State VOCAL Organizations, Inc. represents over 115 state and local VOCAL groups and hereby respectfully moves for leave to file the attached brief amicus curiae. The attorney for the plaintiffs has consented. One firm of attorneys for the respondents has rejected our request for their permission to file the brief. The stated reason for the refusal is ". . .the filing of an Amicus Curiae brief by you would be primarily for political purposes and will not bring to the attention of the Court matters which will not be submitted by the parties." Mr. Vaughn refused permission claiming the action was frivolous lawsuit. His letter also carries the heading "Re: Letter from your organization on behalf of child abusers". Mr. Vaughn demonstrates in his letter of refusal the most important reason for our filing this brief. He asserts that NASVO is an organization protecting and representing guilty child abusers. The Respondents consistently attack, defame, and slander anyone who attempts to speak up for reason, balance, and accuracy in dealing with child abuse. This is the Monopoly Theory of justice. When accused, "Go to Jail. Go Directly to Jail." Do not stop for a claim of fair and equitable justice. This brief supports the plaintiffs' petition for Writ of Certiorari to the United States Court of Appeals for the Seventh Circuit. The National Association of State VOCAL Organizations, Inc. has ten years of experience in attempting to respond to the needs of persons falsely accused of child abuse and their friends and families who observe the devastation and harm done and become alarmed by what they see happening. When even Readers' Digest titles an article about the system dealing with child abuse "Justice Gone Crazy" , it is time to begin to ask what is going on that there should be such a perception? NASVO daily fields calls and contacts from persons all over this land who firmly believe that the system of justice they have experienced or observed is unfair, tyrannical, and oppresive. We hear again and again the belief that what social workers, police, prosecutors, and judges do when dealing with child abuse allegations is like the Nazi storm troopers or the KGB. NASVO works hard to channel the frustration, resentment, and anger of this ever growing number of American citizens into constructive and responsible efforts to improve the system. We strive to support the concept of increasing the accuracy of the decisions made by the justice system. It can hardly be denied that greater accuracy benefits everybody. Yet, the gains made are small, scattered, and require sustained and serious comittment by VOCAL members. We are also very aware of the bitter and cynical view that more and more American take of their political structure. We know that almost every current political commentator believes there is a large group of citizens who believe the political process is a sham and a hoax. We know that politicians also express dismay about the level of rancor and animosity that now pervadses public discourse. The personal attacks made on almost every public figure include a growing level of falsehood, defamation, misinterpretation, exaggeration, and vitriol. We believe the justice system must lead the way and set an example of valuing truthfulness, fairness, honesty, and a reasoned cooperative search for justice by all parties in disputes. Therefore, this case offers the Court an opportunity to seek an advance in restoring civility and reason to our public dialogues and to increase the accuracy of the decision making process of the entire justice system. We do not understand the objection of respondents that filing this brief is for political purposes and therefore they would deny us access to the system of justice. What other recourse does a citizen have? The District judge already rejected the defendants's motion to find the suit a frivolous action and ruled it was not. Mr. Vaughn's reason for refusing our request for permission does not accept that judgment. For the foregoing reason, the National Association of State VOCAL Organizations, Inc. respectfully urges the Court to accept and file the enclosed brief amicus curiae in support of the petitioners, Ralph Underwager and Hollida Wakefield. Respectfully submitted, Attorney for Amicus Curiae National Association of State VOCAL Organizations, Inc. Armbrister, T. (1994, January). Justice gone crazy. Reader's Digest, pp. 33-40.