Tuesday, December 1, 2015

Review: Innocence Isn't Enough

A shortened version of this review was posted at Amazon.com on 12/22/2016  

       Geoffrey Armstrong was a dedicated teacher full of energy in service to his school and students for over 25 years. He ran drama productions after school, related to students in cordial manner, opened his classroom to students during lunch, personally addressed inappropriate behavior (rather than refer students to the office), showed great tolerance for students of all backgrounds, displayed sincere respect for students as human beings and ran an outdoor challenge camp outside of regular school hours (and during the summer).  His entire life was in service to students.  Then one day he was accused of child sexual abuse.  Suddenly all of his generosity and dedication was used as evidence of a nefarious ulterior motive to abuse young female students.  His world was forever changed.
       The author prefaces the events with some notes about the motivations of those who were to play a part in the sordid affair.  He stands against a teacher union that votes to strike and in so doing alienates administrators, teachers and a particular guidance counselor who all end up playing a role in nurturing false accusations against him (using discredited recovered memory therapy techniques known to produce false memories).  Between the lines one can see how his popularity with students may have also played a role in the alienation that appeared to exist between he and his colleagues.  A school secretary has a daughter who was not selected to play a lead role in a school play and later becomes an accuser.  Finally he has a strained relationship with his principal.  So the author, in hindsight, lays the groundwork for his understanding of why the horrid false accusations were nurtured and proclaimed.
       In the late 1980's and early 1990's "repressed memory" was all the rage and those who used it thought the "recovery" of memories were of actual historical events (this is roundly rejected by psychologists and courts of today).  The guidance counselor (with animus toward the author) met with disgruntled ex-students and out of that meeting emerged horrid vague "repressed memories" of abuse, that with time became more detailed (standard in the disassociated or "repressed" memory cases.  
       Once reported the school administration took public steps to protect the students with no tolerance for child abuse and so retain the confidence of the community about protecting children from a possible "abuser" (who has been accused).  There was no physical evidence so corroboration of the abuse claims were the focus of investigation.  Investigators, wanting to save defenseless children wish to stop a "child abuser", aggressively questioned past students (some from 17 years earlier) with suggestive statements and leading questions.  Prosecutors who are very happy to claim that they are protecting society from "child abusers" are eager to accept the easy to convict low cost cases (no forensics needed).  So except for the defense lawyer the system is oriented to jail those accused of such crimes rather than determine the truth about the accusations.  The author, due to limited resources (after draining his savings and pension), drops his attempt to retain his professional position.   Then he suddenly faces highly publicized emotional claims of sexual abuse against a child in a criminal court.  The mere accusation incites a public hysteria that impacts all of his relationships in the community.  Even those who know that he would not do such acts are neutral in fear of possible retribution.  No one wants to be connected to a "child abuser."  There is no assumption of innocence except in the thin decorative veneer offered by the court of law.
       The fact that his case was, after five years, entirely dismissed did exonerate him legally. He lost a career that he loved.  He endured slander and being identified as a child sexual abuser by the media.  He went 2 years unemployed while trying to get his position as a teacher back.  He spent his savings and pension on legal fees.  Eventually criminal prosecutors offered a generous plea bargain which he refused.  He endured more delays (the prosecution obviously knew the case was weak) and eventually his case was dismissed rather than tried.
       I would suggest this book be a MUST read for ALL aspiring teachers.  It is riveting story of a caring teacher who was unjustly accused and cruelly treated.  The author shares the history, key details and major moments in his ordeal, his emotions and the psychological challenges.  His insights would be immensely helpful to starting teachers (who could face abuse charges 20 years later).  His final reflection is moving "It had been a long and terrible journey through the darkest valley of my life....I thought, too, of the ones who had done this to me, victims themselves, victims of their power and their lies." (pg 316)  If the sexual abuse accuser is not truly a sexual abuse victim then this story paints an incredibly dark picture about our system of justice.
      My concerns about the book is two assertions based on dated information and not the author's story.  1) There was a time when "repressed memories" of traumatic abuse was thought possible (page 296) but major studies since 2005 (Psychological Science 2003 by Goodman et al. extensive and peer reviewed and many others) have debunked "repressed memory" (in fact the more traumatic the abuse the more likely it is to be remembered).  2) "Repressed memory" is now flatly rejected by the courts.  In 2010 the 2nd Circuit Court of Appeals has ordered all cases and plea bargains relying on "repressed memories" reversed and where it was used cases and plea bargains are to be reviewed (Friedman et al. 2009 decided in  in 2010).  The book was likely largely written prior to now major definitive studies and definitely before the legal ruling.
       The ONLY one in our justice system that the author thanks is of no surprise:   "I want to thank defense lawyers...who stand sometimes with great difficulty against the howling mob." (p v.)

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INTERESTING QUOTES from "Innocence Isn't Enough"

Gratitude...
       "I also want to express my deep gratitude to those wonderful young men and women, my former students, who had the decency and courage to come forward and talk about their time with me and what it meant to them, and who provided crucial evidence that countered the lies.  I also want to thank those teachers who defended me against the pressure of some of their colleagues.  Finally I want to thank defense lawyers everywhere, who stand, sometime with great difficulty, against the howling mob."
                                                                                                       pg v
Why would some one lie about something so serious?
     [Reviewer Note:  This is particularly informed reflection by the author early in the story]
     "Perhaps it wasn't difficult to accept the idea that one or two people were making false accusations, but why had several more, including a number of teachers joined in?"
                                                                                                       pg 41
     "The fact is, a false accusation doesn't have to be incited by an incident.....There is no question, however, that one of the most common reasons for a false accusation is the desire for revenge."  This can stem from an actual injustice or from an exaggerated or wholly imaginary incident requiring years of therapy to uncover."   [reviewer note "uncover" may actually mean "manufacture" if the therapy uses any of the many "memory recovery techniques" common in the 1980's and 90's].
      "Another possible motive for a false accusation is that the accuser has something to gain. This can be something tangible, such as an offer of money or gifts or something as innocuous as free dinners..Or can be more subtle, such as approval of a person, or a group or an expectation of unspecified advantages or favors.  Sometimes the accuser will see an opportunity to gain greater status among family and friends, or to achieve greater self importance.  Occasionally, a false accusation is used as an extortion."
      "A false accusation can come about through coercion...from recognized authorities such as police officers, board officials, psychologists, counselors, teachers and former teachers, and parents."
      "The  most dangerous situations develop when a false accusation is considered a good deed.  If the target of the false accusation is believed to be evil, lying about that individual can be perceived as honorable. 'We know he is guilty.  We just need proof.' "
      "In some cases, false accusations grow out of a situation where an accuser cannot accept responsibility for a personal problem and blames somebody else."
                                                                                                         pg 42
      "Even physical illness can be a factor in a false accusation, especially where the illness damages the mental stability of the person making the false claim.  Where mental or emotional illness is concerned, the dangers are obvious."
                                                                                                         pg 43
Minds made up...
       "At the beginning of October my lawyer and I attended the school board hearing.  I walked into the hearing room confident that I could make them understand I was innocent. However it quickly became obvious that their minds were made up....two weeks after the hearing I was fired...I was not about to accept the decision without a fight. I was positive that a truly fair-minded body would access my evidence fairly and exonerate me."
                                                                                                        pg 43
A problem for someone accused...
       "Part of the problem for someone falsely accused is the accusations of such crimes often produce intense public revulsion, even widespread public hysteria. This can be a decisive factor in preventing the accused person from gaining access to witnesses whose evidence might show that an accusation is false.  In many circles the accusation alone is enough to generate hostility toward the accused."
                                                                                                        pg 87
Comments and Suggestions by author about false accusations...
       "The same awareness that has helped real victims; the knowledge of how easy it is to report abuse and report it anonymously, has made it easier for vindictive individuals to indulge the power of that vindictiveness or for unstable ones to make false claims.
         Because it is so easy to report abuse and because it remains so effective safeguards must be established to minimize the chance that targets of false accusations end up with their lives destroyed by the accusation alone."
                                                                                                         pg 89
       "The subsequent bias among investigators and school board agents, bolstered by gossip in the community, solidified their half baked theories into what passed for fact."
                                                                                                        pg 90
       "There are far too many police officials and others willing to sacrifice truth, justice and decency in order to make a case.  They dehumanize and vilify the accused and create for themselves the challenge to "win" at any cost, not bothering to consider that the accused might be innocent."
                                                                                                        pg 91
 Assigning ulterior motives for good deeds...
       "During the time with me as students, I went out of my way to help many of them with school or personal problems.  Ironically, it was this attention that seemed to have made them suspicious.  They seemed to ask themselves:  why would a teacher go out of his way to help a student unless he had an ulterior motive?  Perhaps that question was asked for them.  Unfortunately there is very little any one can do to change such a cynical view, especially when someone in authority encourages it."
                                                                                                       pg 109
The expected catchphrase....
       "Later through friends I still had in the community, I learned they (accusers) had added to their routine to their perforance and were sharing it with anyone who would listen...the reason I had not confessed was that I was "in denial".
         I had expected to hear that catchphrase sooner or later.  It is a favorite of amateur psychologists and is often applied to cases similar to mine- accused of a criminal act that never happened and refusing to be browbeaten into saying that it did.  According to this theory, you are guilty because you say you aren't."
                                                                                                      pg 116
The mechanics of False Memories (or imagination) that create crimes...
       "Completely innocent incidents, stories, growing out of faulty memories from years earlier, growing out of faulty memories from years earlier, maliciously twisted facts or outright lies could all be woven together to bolster the appearance of guilt.  Individuals with spiteful motives or emotional problems or those merely ready to jump on any bandwagon that happened to pass by, could "remember" similar events and adopt them for their own.  Told and retold the can begin to take on an a semblance of truth and are added to the portfolio called "evidence."
                                                                                                       pg 117
The role of "Repressed Memory" first recognized...
       "This was the era of repressed memory disorder and although I didn't know it then, this phenomenon would eventually play a monumental role in the evolution of the case.
        The story's significance rested on the way it grew from its beginning as an eerie tale of vague, almost hypnotic, shadowy events that, with the help of former school counselors, slowly expanded into an elaborate narrative holding the promise of increasingly nastier revelations."
                                                                                                        pg 155
"Repressed Memory" made accusation more credible...
       "One of Weston's [one of the accusers] difficulties was that she was forced to say that she never told anyone of the incidents she says took place.  This was one of the reasons that the repressed memory scheme would be necessary.  In her mind, there was not other way to make everything she said sound believable."
                                                                                                        pg 162
Appearance matters...
      "For teachers, in fact for anyone who works with the public, especially with young people, perceptions are crucial.  Appearances often matter more than facts."
                                                                                                        pg 168
Open inquiry and assumption of innocence?
      "Yet in all the months leading up to my dismissal, only two individuals so named were ever questioned by any investigator.  Their angry repudiation of those claims were not only ignored, they were never reported."
     "None of the other so-called victims or witnesses were hard to reach, but no one from the police or school board ever made the attempt.  This incredible omission would be a noticeable feature at every stage of the case."
                                                                                                         pg 170
What about the people who testified against the author?
      "I thought a lot about the people who testified against me, trying not to hate them, trying to understand why they had done something so destructive.I knew that a few, such as Bonner and Harper [2 of the 3 main accusers], were vindictive and lacking in conscience, but they couldn't have all been like that.  I am sure that many many were normally decent people, who without knowing all the facts, decided I was guilty.  They were caught up by the nature of the accusation itself, caught up in what they were being told, caught up in a situation that had gained relentless momentum, spurred on by those who had a vested interest to make sure I was found guilty.  I also knew there was nothing I could do to ever change their minds."
                                                                                                         pg 176
Things teachers can do to minimize problems...
       "One of these I learned when it was  already too late.  Under no circumstances must a teacher be alone with a student - any student: not at school, home, in a car, not anywhere.  Teachers must takes steps necessary to make this practice well-known and unbreakable...Perhaps this complicates such things as private tutoring or counseling, but the dangers are real."
       "Another way effective way to minimize, though not eliminate the danger, is to document every negative or difficult incident involving a student.  Keep a copy of the documentation in your school files, preferably cosigned by the administrator responsible for discipline and create a separate file of your own.
         And I do mean every incident.  If a teacher has a problem with an aggressively friendly student, steps must be taken to solve the problem as soon as it is noticed.  A teacher must seek assistance by enlisting the aid of a school counselor or other colleague."
                                                                                                         pg 184
"Repressed Memories" used to explain the explainable...
       "Weston and Harper (2 of the 3 main accusers) were encouraged by biased and inexperienced investigators to develop their repressed memory scheme.  In Harper's case it dominated her entire testimony.
       Weston and Harper were counting on everyone, especially the courts, accepting that they were afflicted with this recently popular psychological sensation blithely bandied about by armchair psychologists and new age gurus.  From the reactions of the one judge who heard Harper's incredible story, it had to be obvious to the prosecution that they had an enormous sales problem."
                                                                                                          pg 293
The impact of "Repressed Memory" movement (in the 1980's and 90's)...
      With the increased popularity and the attendant hysteria, repressed memory disorder naturally became a source of easy income.  Magazine articles and books on the subject proliferated.  TO insure that no reader missed the message, the media frequently ran checklists of warning signs that supposedly indicated long-forgotten abuse.  The checklists included "symptoms" such as fear of being alone in the dark, nightmares or night terrors, poor body image, phobias, depression, suicidal thoughts, compulsive behavior, drug or alcohol abuse (or total abstinence), feelings of guilt or shame and numerous other so called symptoms.  Books suggested that repressed memories of sexual abuse caused arthritis or joint pain, gastrointestinal problems, loneliness and alienation, poor motivation and a need to cling to people.
       The checklists and symptoms, warnings signs, and questions were endless.  Do you startle easy?  Do you daydream? DO you do things to excess? Are you preoccupied with sexual thoughts? Do you experience dizziness, or suffer from unfocused fears, stomach pains, asthma, mood swings, rage, feelings of doom, anxiety or helplessness?  Perhaps the most 'stunning' symptom was one suggesting that the surest indication of someone suffering from repressed memory disorder was having no memory of sexual abuse at all.
       Anyone who recognized some arbitrary number of symptoms was encouraged to believe that they were victims of forgotten sexual abuse and the the problems in their lives were caused by the effects of repressed memory and that they should seek therapy.
      It turned out to be a successful way of drumming up business for the more unscrupulous practitioners of repressed memory therapy.
      Large segments of the population bought into the movement wholesale. The search for victims and perpetrators relied on vague manifestations of nearly universal emotional reactions and phenomena.  Too few people saw that virtually every human who ever lived would find numerous symptoms to choose from among the many being touted.  There was something eerily medieval about the entire process.
     It is no wonder that Harper and Weston and their handlers leaped onto this bandwagon.  In 1990, when the accusations were made, repressed memory disorder linked to childhood sexual abuse was still a popular and emotion-laden movement bolstered by frequent new reports."
                                                                                                          pg 295
Success of the "Repressed Memory Movement"...
      "Sadly, the repressed memory movement succeeded too often in destroying lives and families"
[The reviewer takes issue with the assertion that repressed memories can be associated with actual abuse.  Experts have never uncovered "repressed memories" among those actually abused.  In fact the more traumatic the experience the more likely it is to be remembered all along.  Read more on the scientific analysis of repressed memories here.]
       Toward the end of the 80's a number of sensational prosecutions brought this psychological terrorism under the light of rigorous legal scrutiny forcing a re-examination of the entire phenomenon and a growing rejection of the ways in which repressed memory disorder had been used.  By 1990 the field was starting to be regarded as merely controversial, and the courts with skepticism an outright rejection [Reviewer note:  In 2010 the United States the Federal 2nd Circuit Court of Appeals in the United States ordered a reversal of all convictions and review of all plea bargains that used "repressed memories" as evidence. Friedman et al]
                                                                                                           pg 296
Comments on the use of a "Plea Bargain"...
      "Plea bargaining appears to be a tactic employed by prosecutors when they have a poor case:  use the massive power of the justice system to create weeks or months of emotional turmoil for the accused, then offer what seems to be an easy way out.  I wondered how many innocent people, driven to the end of their endurance, have pleaded guilty to false charges, how many sexual predators have walked away with a plea bargain with little or no jail time because some prosecutor was too busy or too lazy to actively pursue an investigation?"
                                                                                                           pg 301
The Victims Statement... 
       "I discovered that in these types of cases, before a trial has taken place, before a charge has been laid, an accuser's statement is called a "victim statement".  It is called that by the police investigators, prosecutors, court officials and by the judges.  This designation seems devised to foster the impression that the accused is already guilty because of the accusation alone. How else could there be a victim?"
                                                                                                            pg 306
Politics and justice....
       "I have also wondered why one of the several prosecutors who worked on the case didn't, at some point, say it was a no-win situation and suggest dropping it or allowing common sense to prevail.  The answer is "politics".  In that climate, to be accused of the crime of sexual assault against a child was the same thing as being convicted.  Once trapped inside that miserable circuit, there is no way you can get out until you are let out.  This was a high profile case and no prosecutor had the courage to take on that responsibility."
       "Once charges were laid and my name was out in the public, I never sought another witness.  By that time I was too well aware that many people equate being charged with being guilty.  Despite all the evidence to the contrary, they believe that if something is written in the newspapers, it must be true."

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WHY I BECAME INTERESTED IN THIS BOOK
Our adult child in postpartum depression and medicated with antidepressants sought help while living 2000 miles away. Someone "helped" her using "Repressed Memory Therapy" (or some variation) either through a therapist or friends using "do it yourself therapy books". She became one of hundreds of thousands victimized by a method well known to produce false or pseudo memories (American Psychological Association). Experts have established how false memories are maintained once nurtured and we hope that friends are helping free our daughter from the shackles of false memories. Unfortunately the accuser and the friends around her may nurture and reinforce false memories for a variety of reasons. Those medicated and entranced, as our daughter was, often have the most detailed and horrid fantasies mistaken for memories. It will take incredible emotional strength, a mind cleared of medication, fully functioning intellect, immense humility and great courage for our daughter to return. Many such victims never do but we remain steadfast in our hope. In spite of the bizarre and false accusations we love our daughter and her family. We will never give up on reconciliation.

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