Wednesday, December 19, 2018

What is a "Credible Accusation"?

     Placing the descriptor "credible" prior to the noun "accusation" lends a weight or credence to any accusation, true or not, of any heinous, lurid or horrid crime no matter how bizarre.  A successful investigator has been described as a person who "will always get the man responsible".  I write about some typical examples of "credible accusations", investigated by competent professionals.  We can then have a better idea of what a "credible accusation" means.
Children are Truthful and Credible
      A four year old child was an eye witness able to identify the perpetrator of the rape and murder of his mother.  Most assume that a child is truthful, has no reason to lie and may even have a better memory than adults who are often confused by the myriad details of life .  A child assisted by state experts, skilled police interrogators and seasoned prosecutors generated a "credible accusation" of Phillip Bivens 18 months after the crime.  While in custody Mr. Bivens found himself under incredible pressure and was threatened with the death penalty if he continued to insist on his innocence and went to trial.  Mr. Bivens pondered the image of a tearful child fingering him in front of a jury for the brutal crime against his mother.  Fearful for his life Mr. Bivens offered a confession.  He served three decades in Mississippi prisons before his case was selected by the "Innocence Project" for Review.  Luckily the material evidence (clothing) collected from the crime scene was not destroyed and was then analyzed for the presence of  DNA.   Mr. Bivens DNA was on none of the items found on or in the vicinity of the victim.  DNA on the clothing did identify the actual perpetrator, a serial rapist convicted in other cases.  Thanks to the Innocence Project the true perpetrator subsequently confessed and was convicted for that crime.  Mr. Bivens had served 30 years in prison prior to his exoneration.  The "credible accusation" could have killed him but Mr. Bivens decision to create a confession to a crime he never committed likely saved his life.
Priests are Always Guilty
       Multiple victims "credibly accused " Father Gordon MacRae of violent sexual assaults 15 years after they allegedly happened.  The Catholic Church Bishops Delegate Monsignor Edward Arsenault declared the accusations credible, arranged for and publicly announced large financial settlements with the accusers just before the criminal trial.  Prior to the criminal trial, realizing that the case was weak, prosecutors offered multiple plea bargains that would have provided Fr. MacRae with less than a year in prison.  Fr. MacRare refused the pleas and repeatedly asserted his innocence.  Judge Arthur Brennin ruled that assault, forgery and histories of fraud by the accusers could not be used by the defense because such revelations could "prejudice the jury".   The accusers took the stand and tearfully recounted the bizarre and horrid assaults with, according to a witness in the courtroom , included covert signals by a therapist (pointing to the eye started crying).  In the minutes after a recess was called the accusers were heard laughing in the hall.  No physical evidence was presented or available due to the delay in the allegations.  During sentencing Judge Brennin specified that Fr. MacRae could only be granted parole if he admitted to the crimes.  FBI Special Agent Supervisor James Abbott (retired) spent three years investigating that case interviewing all past witnesses and concluded there is "no evidence to support that Father MacRae committed these crimes, or any crimes."  One of the two accusers has since recanted his accusations and admitted that the accusations were done to obtain financial settlement expected from the church.  A Pulitzer-Prize winning writer, Dorothy Rabinowitz in The Wall Street Journal wrote a series of articles (2005) detailing the case, conflicts, police misconduct, over zealous prosecution techniques and the obvious injustice.  A week after the Wall Street article was published one of the prosecutors in the case committed suicide.  Monsignor Edward Arsenault who publicly declared the accusations credible prior to the criminal trial has since been defrocked, convicted and imprisoned for diverting funds for the treatment of priests to the support of his gay partners.  Judge Brennin has since retired and was arrested for protesting the war in Iraq.  Fr. MacRae refuses to confess to crimes he did not commit and is now serving his 67 year sentence with no chance of parole.
 
Monsignor (former) Edward Arsenault, Fr. Gordon MacRae, Judge (retired) Brennin
All just prior to imprisonment.

Our Personal Nightmare
    A personal experience with a "credible accusation" was a nightmare.
    My husband was accused.  A person claimed to be an eyewitness to horrid sexual crimes of incest in our home.  Detailed bizarre incredible abusive and lurid tales were credibly shared with the police.  The accuser was intelligent but clearly (to us at the time) mentally ill.  Unfortunately the person had the endorsement of someone 2000 miles away, who had no personal contact, was unaware of the illness and related by phone that she knew the accuser to be "credible."  None of the accusations were even remotely true.   None of the accusations had physical evidence.  None of the accusations were affirmed by the alleged victim.  My husband was horribly slandered.
     Based on these accusations police acted quickly and sought to interview my youngest daughter (the person depicted as a victim by the accuser).  I begged the police to meet her for an interview after school and they police agreed. The police lied.  That same day the police showed up at the school, pulled our daughter out of class without parental consent and grilled her for over an hour and a half.  Our daughter was initially asked "On a scale of 1 to 10 with 1 being the worst and 10 being the best what are your parents like?"  Our daughter shot back without hesitation "10!"  Eventually as the withering questions and subtle accusations were hinted at our daughter broke into tears.  She told them that her parents, and her father, would never do the things being described.  She was a victim as well as my husband.
     While at work my husband was contacted by a supervisor who said "there are very serious allegations against you" and gave him the phone number of a detective who specialized in domestic abuse and instructed my husband to call him immediately.  My husband called the police and assured the detective that something must be wrong with the person and that he should bring her to the hospital. My husband was not told of the horrid accusations against him in that conversation.
   The detective, without telling us, interviewed an adult daughter not living at home (she is married with children of her own).  My daughter was stunned as she insisted that the crimes described by the detective could not be true because my husband (and her father) would never do the things described.  She later told my husband "Dad that officer thought he knew that you were guilty and argued with me as if I did not know that these accusations were completely out of character". 
   The next day police came to our home and asked to do a "walk through" (without a warrant).  I said "Should I trust you?"  The policeman responded with "Oh you don't believe all the stuff about what police do wrong on the internet do you?"  I said "Not all of it but some of it is true." I allowed them to walk through the house just looking around while I watched.  On the same day my husband was asked to take a leave of absence and his computer was "frozen" (he later turned it in and lost all that he had personally created on that device as it was never returned).
   Eventually my husbands employer informed him that an "expert in sexual abuse" might declare the "accusations credible".  My husband understood that a "credible accusations" meant "guilty" in the minds of most.  He decided it was best to resign.  A stellar and decorated 37 year career came to an end because an accusation might be deemed "credible".  Why?  We knew that the system is rigged in the favor of the accuser.
   Months later the accuser was determined, by independent psychiatrists, to be suffering from a mental illness that caused delusions and hallucinations.  She was sleep deprived from living on the streets and the judge easily recognized the incoherence and implausibility of her statements during testimony.  The young woman was finally committed and spent two months in a hospital.  She is now happily recovering.
     If the police or expert had asked the accuser other questions like  "Do you hear voices others do not sometimes?" or "Are there demons living in your refrigerator?"  or  "Is your food possessed?"  or  "Are all the snakes in your bedroom making it hard for you to sleep at night?" then the professional investigators might have been able to see the that accuser was unable to make a "credible accusation".  There is a possibility the investigators may not have been deterred by any bizarre response to these inquiries.  When I told the police, as they went through our house, that this person had to be mentally ill the police responded "Even if she is mentally ill that does not mean you should abuse someone."   Evaluating the accusers credibility was not even on the radar screen of the investigating professionals. If there is no physical evidence, no records and a refutation by the person who was identified as a victim then shouldn't the accusers credibility be questioned?  Why do accusations mean guilt?

    A "credible accusation" actually means the accused is guilty because he is accused.   I know this because I personally saw it happen. Whether the accused is guilty or not does not really matter.  The accuser will be compassionately cared for in our system but the accused is thrown under the bus along with justice.  Another way to understand  a "credible accusation" is to call it what it truly is: "officially slandered". 

Phillip Bivens story described at:
    https://www.innocenceproject.org/cases/phillip-bivens/


A well presented summary of the false accusations in Salem is at:
    https://www.history.com/topics/colonial-america/salem-witch-trials




=================================================
 ========================================
*** WARNING ***
If you are seeking help for personal struggles and a therapist, counselor or friend says that "recovering childhood memories can help you get better" then IMMEDIATELY get up from your chair (or off the couch), run to the door, open it and flee. Hundreds of thousands have lost families, years of productive living and squandered immense wealth with tragedy inducing therapy that produces horrid false memories, splinters families, isolates the client and is documented to cause decline in mental health.

OUR DAUGHTER BEFORE THERAPY

MEMORY EXPERTS COMMENT
DARK AGES OF MENTAL HEALTH TREATMENT

No comments:

Post a Comment