Archive for the ‘Uncategorized’ Category

The DSM-5 and its Role in Social Work Assessment and Research

Thursday, April 17th, 2014

An editorial by NCRJ Advisor Dr. Susan Robbins. Dr, Robbins reviews the history of the DSM as psychiatry evolved from being psychoanalytically based towards a biomedical model. Robbins says “Each DSM revision attempted to add a patina of scientific discovery, despite the failure to empirically denonstrate major advances in either reliability or validity.” She also points out that “The very fact that diagnoses can be voted in or out, based on little more than the opinions of the persons charged with revising or creating those diagnoses, or as a result of political activism, speaks directly to the ideological and constructivist nature of the diagnostic enterprise.” She expresses concern about social work programs that require a DSM course with a lack of critical thinking about the DSM. Social workers must do more than simply assign a DSM diagnoses. She also aruges that “the continued lack of reliability and validity in DSM diagnoses combined with a narrow biologic etiology also raises etical and practical issues related to its use in research.”

Read the full editorial, posted here with Dr. Robbins’ permission.

 

Dylan Farrow’s Accusations

Friday, February 7th, 2014

Lawyers representing divorced people in custody battles know well that the first charge of child abuse gives the accuser momentum. False charges have become common in this context, even acceptable. A Seattle judge recently acknowledged that charges of molestation against one spouse by the other were false, but explained that they were understandable because the accuser was fighting for custody of the child. The accuser won. Compared to the venomous intensity of custody battles, criminal trials are pastorals.

There have been so many wrongful convictions for child sex abuse over the past 30 years that researchers are able to identify patterns of how false charges are created. The chief method is coercive and suggestive interviews by determined adults who already know what they want to hear. A young child learns by following the direction of grownups. It’s hard to imagine a technique more leading than for the child’s mother to follow her around for days with a camera, selectively recording answers to some, but not all, probes and questions and comments about sex abuse. Only a remarkably insensitive child would be indifferent to her caregiver’s strongest desires; there is no evidence that Dylan Farrow is insensitive. The use of that technique by Mia Farrow doesn’t mean that Dylan was not abused. It just means that Mia Farrow got the answers she wanted, whether or not Dylan was abused. That makes her tape unreliable.

When four-and five-years-olds have testified to impossibilities—being flown to Mexico to be abused and returned back in time to be picked up from daycare, watching their teachers eviscerate animals in the classroom—they cling to those events as if they were real. Ten-year-olds who testify falsely get caught up in the whirl of being a hero/victim, but they know when they go to sleep at night that it really wasn’t like that, and often they eventually recant. Seven-year-olds are somewhere in between. Dylan’s alleged abuse was a chief theme of the house in which she was raised; any counter-story would have been a betrayal of her mother. What should we make of the fact that Dylan still believes that it happened? Not much.

Woody Allen has a long history of keen interest in and involvements with post-pubescent women. Pedophiles don’t. The likelihood of him committing some unspecified form of sexual assault on a young child, especially while engaged in a custody battle, is minuscule. There is nothing that supports the truth of the charges against Woody Allen—not the timing and circumstances of how they came to light, not their investigation, and not the nature of the accused.

Michael R. Snedeker, Esq.

President, National Center for Reason and Justice

Please Send a Holiday Card to a Prisoner

Sunday, December 1st, 2013

Every year I send out this list of prisoners, hoping that they will receive some holiday cards. Most of the people on this list are innocent; some are not. But all are deserving of kindness.

This year I was very pleased to remove six people no longer in prison — the San Antonio Four and Dan and Fran Keller.

But it made me very sad to have to add the name of Joseph Allen, who has spent the last four Christmases in freedom. I especially hope that joseph gets some nice cards this year.

In any case, here is the list. Please let me know if there are corrections I should make.

https://bobchatelle.net/please-write-to-a-prisoner

Major NCRJ Victory Imminent! San Antonio Four May Soon be Freed!

Tuesday, October 22nd, 2013

Here is the post from the NCRJ web site:

http://ncrj.org/the-san-antonio-four-major-ncrj-victory-imminent/

This is a major development. Please share the NCRJ’s post far and wide: Facebook, Twitter, your blogs, other social media, etc.

Here’s wishing the best for these four fine young women.

-Bob

The National Center for Reason and Justice is Now on Twitter

Monday, October 21st, 2013

Please follow us.


Joseph Allen is Going Back to Prison

Tuesday, October 1st, 2013

Today is a very sad day for me. At one p.m. (Eastern Daylight Time)  my friend Joseph Allen — an innocent man — will be sent back to prison by Judge Virgil Sinclair. He may never be free again.

The case is complicated and impossible to summarize in a few sentences. Nancy Smith was a driver for the Head Start program in Lorain Ohio. In 1993, a disturbed woman claimed that Nancy was driving her pre-schoolers to the home of a man named Joseph who would then sadistically abuse them sexually. At the time, national hysteria over sexual abuse at daycares was still raging. At first, the case went nowhere because there was no evidence to back up the accusations and much evidence against them. But the woman went to the media and caused a panic.

Eventually Joseph Allen was arrested. While Joseph was originally identified as white, Joseph Allen is a very black man. To this day, Joseph Allen and Nancy Smith have never met. The only witness to link them very obviously committed perjury.

Over months, children were cajoled into testifying. Smith and Allen were convicted in August of 1994. Smith was sentenced to 30-90 years. Joseph received 5 consecutive life sentences.

For a more detailed account, read this article I wrote about the case with Dr. Emily Horowitz.

Early in 2009, Smith and Allen were back in court due to a sentencing error that needed to be corrected. The judge assigned to the case — James Burge — took the time to examine the record. He quickly realized that the case against Smith and Allen was bogus. In June of 2009, he acquitted them both. And in a decent  world, that would have ended the matter.

But prosecutors have to be right — especially when they are wrong.

Acquittals are supposed to be final. Nevertheless, prosecutors appealed the acquittals and “won” before the Ohio Supreme Court in April of 2011.

And then nothing more happened for a very long time. By this time the press and most of the public had realized that the Smith/Allen case was a cruel and gross miscarriage of justice. Prosecutors realized that pressing their advantage could come at a political cost.

But forces hostile to Smith and Allen were at work.

In April of this year, Judge Burge was forced off the case and Virgil Sinclair was appointed to replace him.

Prosecutors and defense attorneys worked out a deal. Smith and Allen would be convicted of lesser charges and sentenced to time served. In exchange, they would give up their rights permanently to appeal their cases.

Sinclair accepted the arrangement for Nancy Smith. But he insisted that Joseph Allen go back to prison. And give up his appeal rights. His sentenced will be reduced to 15-25 years.

Now I don’t possess Sinclair’s brilliant legal mind. But he seems to believe that the crimes that Joseph Allen didn’t commit were far more serious than the ones Nancy Smith didn’t commit.

I have had phone conversations with Joseph almost every day for the past couple of weeks while he struggled over whether or not to accept this horrible deal.

Yesterday, he phoned me to tell me he was going to go along with it.

Why?

An appeal would be very expensive. (Although I’m confident that the National Center for Reason and Justice (NCRJ) would have committed itself to raising the money.) But given the record of the Ohio Appellate Court and the Ohio Supreme Court, Joseph could never have won in Ohio. The deck was stacked against him. He might well have prevailed in federal court. But it would have taken many years to get there.

Joseph Allen will receive no relief from the parole board or the governor. He has already served closed to 15 years, so at least he should be out in ten more years. The NCRJ will do everything it can to support him while he is back in prison.

So once again the bullies have showed us who runs the school yard.

Why do they keep getting away with this crap?

One reason is that no one ever pays a price — political or otherwise — for causing and perpetrating injustice.

As citizens, we cannot continue to condemn wrongdoing and reward it at the same time.

I expect to post more about Joseph after today’s hearing is behind us.

-Bob Chatelle

 

 

 

 

 

 

Man Granted New Trial in Child Sexual Abuse Case

Friday, August 16th, 2013

Dedicated defense attorney Ron Kuby has handled other cases sponsored by the NCRJ, including that of wrongfully convicted Jesse Friedman.

http://www.nytimes.com/2013/08/14/nyregion/judge-grants-new-trial-to-man-convicted-of-child-sexual-abuse.html?smid=fb-share&_r=1&

Harvey Silverglate on the Aaron Swartz Suicide

Friday, January 25th, 2013

Harvey Silverglate is on the Advisory Board of the National Center for Reason and Justice.

“The ill-considered prosecution leading to the suicide of computer prodigy Aaron Swartz is the most recent in a long line of abusive prosecutions coming out of the U.S. attorney’s office in Boston, representing a disastrous culture shift. It sadly reflects what’s happened to the federal criminal courts, not only in Massachusetts but across the country.”

http://dankennedy.net/2013/01/24/the-swartz-suicide-and-the-sick-culture-of-the-justice-dept/

It’s Not Too Late…

Thursday, December 27th, 2012

…to get a tax-deduction for your year-end gift to the National Center for Reason and Justice.

Again, here is the appeal letter: http://ncrj.org/our-year-end-letter/

Click here to donate.

-Bob

Please Send a Card to a Prisoner

Saturday, December 8th, 2012

Dear Friend of Justice,

This is the most difficult time of the year for those — innocent or guilty — who are behind bars.

Prisoners always love to receive mail. Some — too many — are forgotten and receive little or none. They are especially appreciative at this time of year.

Here is a list of a few addresses: https://bobchatelle.net/please-write-to-a-prisoner

I hope you will find it in your heart to include a few on your holiday list.

-Bob Chatelle