The Talmud and the Constitution

This post is about similarities between the development of Jewish law and American law.

A story is recounted in the Babylonian Talmud, which I am going to paraphrase slightly for clarity:

Rabbi Yehudah said, “Rav (Abba Aricha) said, “When Moses ascended Mount Sinai, up to the heavens, to receive the Biblical law, he found God sitting and adding calligraphic flourishes (crowns) to the letters.

Moses said,”Master of the Universe! Why are you going so slowly? Why aren’t you finished?”

God said to him, “Many generations from now, Akiva the son of Yosef will expound on every calligraphic detail to teach piles and piles of laws.”

Moses said, “Master of the Universe! Show him to me,” so God told him to turn around, and a vision of Rabbi Akiva teaching his students appeared. Moses went and sat in the back row, but the teaching style was so intellectual that he did not understand what they were talking about and got upset.

Then one of the students asked Rabbi Akiva, “Our teacher, where did you learn this law?”

Akiva replied, “It is from a law that was taught to Moses at Sinai.”

So Moses calmed down. He returned and came before the Holy One, Blessed be He, and said before Him, “Master of the Universe! If you have a man like this, why are you are giving the Torah through me?”

But God only replied, “Be silent. This is what I have decided.”””

2,000 years ago, when Yeshua of the house of David still walked the Earth, rabbinic Judaism–the Judaism you’ll find if you walk into any synagogue–did not fully exist.* The Judaism of Roman Judea was a temple cult, centered on the great Temple in Jerusalem (though there were others, in Turkey, Greece, Egypt, and of course, Samaria.) Ordinary Jews went about their business–raising crops, tending goats, building tables, etc–and every so often they visited the Temple, bought or brought an offering, and had the priest sacrifice it.

*Note: See the comments for a discussion of continuity between Pharisaic Judaism and Rabbinic Judaism. I am not arguing that Rabbinic Judaism was invented whole cloth.

69 AD, also known as the Year of the Four Emperors, was particularly bad for the Roman Empire. Galba seized power after Nero‘s suicide, only to be murdered on January 15 in coup led by Otho. Emperor Otho committed suicide on April 16 after losing Battle of Bedriacum to Vitellius. Vitellius was murdered on December 20 by Vespasian‘s troops.

Meanwhile, Judea was in revolt. In 70 AD, Vespasian’s son (and successor) Titus besieged Jerusalem, crushed the rebellion, and razed the Temple.

Without the Temple–and worse, scattered to the winds–what was an ordinary Jew supposed to do? Where could he take his sacrifices? How was he supposed to live in this new land? Could he visit a bath house that had a statue of Aphrodite? Could he eat food that had been sold beside non-kosher meat?

The Bible has 613 laws for Jews to follow, but do you know how many laws you live under?

I once did a research project on the subject. I found that no one knows how many laws there are in the US. We have federal, state, county, and city laws. We have the code of federal regulations, containing thousands of rules created by unelected bureaucrats within dozens of agencies like the EPA, which is enforced exactly like laws. We have thousands of pages of case law handed down by the Supreme Court.

It’s one thing to live in an organic community, following the traditions handed down by your ancestors. Then perhaps 613 laws are enough. But with the destruction of the Temple, Judaism had to adapt. Somehow they had to get a full body of laws out of those measly 613.

Enter the Rabbi Akiva (also spelled Akiba or Aqiba) and his calligraphic flourishes. By examining and re-examining the text, comparing a verse from one section to a similar verse to another, groups of rabbis (teachers) and their students gradually built up a body of laws, first passed down orally (the Oral Torah,) and then written: the Talmud.

For example, the 5th Commandment says to Remember the Sabbath Day, but how, exactly, are you supposed to do it? The Bible says not to “work” (or so we translate it,) but isn’t a rabbi preaching his sermon on Saturday working? To clarify, they look to the next verse, “For in six days the LORD made heaven and earth, the sea, and all that in them is, and rested the seventh day: wherefore the LORD blessed the sabbath day, and hallowed it.” (Exodus 20:11) and declare that “work” here refers to creative work: building, writing, sewing, sowing, reaping, carrying (materials for creative work), building fires, or inversely, putting out fires, knocking down buildings, etc. Merely giving a speech–even if you get paid for it–is not work. (Though you can’t accept the payment on Saturday.)

The word for “work” in the Bible, transliterated as “melachah,” is further interpreted as related to “melekh,” king, relating it back to God (the King)’s work. Melachah is not found very often in the Bible, but shows up again in Exodus 31, during a discussion of the work done to build the Ark of the Covenant [which is not actually a boat] and various related tents–a discussion which is suddenly interrupted for a reminder about the Sabbath. From this, it was reasoned that work specifically mentioned in the first part of the passage was what was prohibited in the second part, and therefore these were among the specific varieties of work forbidden on Shabbat.

If a suitably similar verse could not be found elsewhere in the text to explicate an inadequate passage, rabbis found other ways of decoding God’s “original intent,” including gematria and the aforementioned calligraphic flourishes. Hey, if God wrote it, then God can encode messages in it.

Which gets us back to the story at the beginning of the post. Note how it begins: The Talmud says that Rabbi Yehudah said, “Rav said… ‘Moses said…'” This is a written account of an oral account passed from teacher to student, about a conversation between Moses (recipient of the Torah or first five books of the Bible from God and recipient of the Oral Torah, which was just how everyone lived,) about the transformation from Mosaic Judaism, centered on the Temple and lived tradition, to Rabbinic Judaism, centered on repeated reading and interpretation of the holy text, which contains in it all of the things that used to just be part of everyone’s traditions.

The result, of course, was the Talmud–or rather multiple Talmuds, though the Babylonian is the most commonly cited. The Vilna Edition of the Babylonian Tamud runs 37 volumes, and looks like this:

The inner section is a passage from the original Talmud. The inner margin is Rashi (a famous rabbi)’s commentary, the outer margin is additional commentary from other famous rabbis, and around the edges you can see marginalia from even more rabbis.

Like an onion, it is layer upon layer upon layer.

But what authority do the rabbis have to make pronouncements about the law?

The Talmud recounts an amusing argument about whether an oven could be purified:

The Sages taught: On that day, when they discussed this matter, Rabbi Eliezer answered all possible answers in the world to support his opinion, but the Rabbis did not accept his explanations from him.

After failing to convince the Rabbis logically, Rabbi Eliezer said to them: If the halakha is in accordance with my opinion, this carob tree will prove it. The carob tree was uprooted from its place one hundred cubits, and some say four hundred cubits.

The Rabbis said to him: One does not cite halakhic proof from the carob tree.

Rabbi Eliezer then said to them: If the halakha is in accordance with my opinion, the stream will prove it. The water in the stream turned backward and began flowing in the opposite direction.

They said to him: One does not cite halakhic proof from a stream.

Rabbi Eliezer then said to them: If the halakha is in accordance with my opinion, the walls of the study hall will prove it. The walls of the study hall leaned inward and began to fall.

Rabbi Yehoshua scolded the walls and said to them: If Torah scholars are contending with each other in matters of halakha, what is the nature of your involvement in this dispute?

The Gemara relates: The walls did not fall because of the deference due Rabbi Yehoshua, but they did not straighten because of the deference due Rabbi Eliezer, and they still remain leaning.

Rabbi Eliezer then said to them: If the halakha is in accordance with my opinion, Heaven will prove it.

A Divine Voice emerged from Heaven and said: Why are you differing with Rabbi Eliezer, as the halakha is in accordance with his opinion in every place that he expresses an opinion?

Rabbi Yehoshua stood on his feet and said: It is written: “It is not in heaven” (Deuteronomy 30:12).

The Gemara asks: What is the relevance of the phrase “It is not in heaven” in this context?

Rabbi Yirmeya says: Since the Torah was already given at Mount Sinai, we do not regard a Divine Voice, as You already wrote at Mount Sinai, in the Torah: “After a majority to incline” (Exodus 23:2). Since the majority of Rabbis disagreed with Rabbi Eliezer’s opinion, the halakha is not ruled in accordance with his opinion.

The Gemara relates: Years after, Rabbi Natan encountered Elijah the prophet and said to him: What did the Holy One, Blessed be He, do at that time, when Rabbi Yehoshua issued his declaration?

Elijah said to him: The Holy One, Blessed be He, smiled and said: My children have triumphed over Me; My children have triumphed over Me.

So say the rabbis!

(you might be thinking, “Didn’t Elijah live a long time before the rabbis?” But since Elijah was taken up in whirlwind he never died, and thus may still be encountered.)

The importance of this little bit of Talmudism–in my opinion–is it lets the rabbis modify practice to avoid parts of the Bible that people don’t like anymore, like stoning adulterers. Sure, they do so by legalistically telling God to buzz off, they’re interpreting the law now, but hey, “Israel” means “wrestled with God“:

So Jacob was left alone, and a man wrestled with him till daybreak. … Then the man said, “Let me go, for it is daybreak.”

But Jacob replied, “I will not let you go unless you bless me.” …

Then the man said, “Your name will no longer be Jacob, but Israel,[a] because you have struggled with God and with humans and have overcome.” (Genesis 32: 24-28)

Arguing with God. It’s a Jew thing.

The downside to all of this is that the Talmud is SUPER LONG and gets bogged down in boring legal debates about EVERYTHING.

Every so often, a group of Jews decides that all of this Talmud stuff is really too much and tries to sweep it away, starting fresh with just the Laws of Moses. Karaite Jews, for example, reject the Talmud, claiming instead to derive all of their laws directly from the Bible. They have therefore written several hundred books of their own interpreting Biblical law.

Hasidic Judaism was founded by the Baal Shem Tov, a rabbi who (according to his followers) emphasized the importance of having a “spiritual connection” to God (which even poor Jews could do) over legalistic arguing about texts, (which a rich atheist could do but not a poor man.) Today, Hasidic Jews are prominent among the Orthodox Jews who actually care about extensive, strict interpretation and implementation of Jewish law.

It’s not that reform is worthless–it’s just that the Bible doesn’t contain enough details to use as a complete legal code to govern the lives of people who no longer live in the organic, traditional community that originally produced it. When people lived in that community, they didn’t need explicit instructions about how to build a sukkah or honor the Sabbath day, because their parents taught them how. Illiterate shepherds didn’t need a long book of legal opinions to tell them how to treat their guests or what to do with a lost wallet–they already learned those lessons from their community.

It’s only with the destruction of the Temple and the expulsion of the Jews from Judea that there comes a need for a written legal code explaining how, exactly, everything in the culture is supposed to be done.

Okay, but what does all of this have to do with the Constitution?

As legal documents go, the Constitution is pretty short. Since page size can vary, we’ll look at words: including all of the amendments and signatures, the Constitution is 7,591 words long.

The Affordable Care Act, (aka Obamacare,) clocks in at a whopping 363,086 words, of which 234,812 actually have to do with the law; the rest are headers, tables of contents, and the like. (For comparison, The Fellowship of the Ring only has 177,227 words.)

Interestingly, the US Constitution is both the oldest and shortest constitution of any major government in the world. This is not a coincidence. By contrast, the Indian Constitution, passed in 1949, is 145,000 words long–the longest in the world, but still shorter than the ACA.

People often blame the increasing complexity of US law on Talmudic scholars, but I think we’re actually looking at a case of convergent evolution–the process by which two different, not closely related species develop similar traits in response to similar environments or selective pressures. Aardvarks and echidnas, for example, are not closely related–aardvarks are placental mammals while echidnas lay eggs–but both creatures eat ants, and so have evolved similar looking noses. (Echidnas also look a lot like hedgehogs.)

US law has become more complex for the same reasons Jewish law did: because we no longer live in organic communities where tradition serves as a major guide to proper behavior, for both social and technical reasons. Groups of people whose ancestors were separated by thousands of miles of ocean or desert now interact on a daily basis; new technologies our ancestors could have never imagined are now commonplace. Even homeless people can go to the library, enjoy the air conditioning, log onto a computer, and post something on Facebook that can be read, in turn, by a smartphone-toting Afghan shepherd on the other side of the world.

The result is a confused morass. Groups of people who don’t know how to talk to each other have degenerated into toxic “call-out culture” and draconian speech codes. (Need I remind you that some poor sod just lost his job at Google for expressing views backed by mountains of scientific evidence, just because it offended a bunch of SJWs?) Campus speech codes (which infringe on First Amendment rights) are now so draconian that people are discussing ways to use a different set of laws–the Americans with Disabilities Act–to challenge them.

Even the entry of large numbers of women into colleges and the paid workforce (as opposed to unpaid labor women formerly carried out in homes and farms) has simultaneously removed them from the protective company of male relatives while bringing them into constant contact with male strangers. This has forced a massive shift both in social norms and an increase in legal protections afforded to women, whom the state now protects from harassment, “hostile work environments,” rape, assault, discrimination, etc.

Without tradition to guide us, we try to extrapolate from some common, agreed upon principles–such as those codified in the Constitution. But the Constitution is short; it doesn’t even remotely cover all of the cases we are now trying to use it to justify. What would the founding fathers say about machine guns, nuclear missiles, or international copyright law? The responsibilities of universities toward people with medical disabilities? Medications that induce abortions or unionized factory workers?

The Constitution allows Congress to grant Letters of Marque and Reprisal–that is, to officially commission pirates as privateers, a la Sir Francis Drake, private citizens allowed to attack the boats of (certain) foreign nations. But Letters of Marque and Reprisal haven’t actually been granted since 1815, and the practice has been out of favor among European governments since 1856. Like stoning, privateering just isn’t done anymore, even though it is technically still right there in the Constitution.

By contrast, the Supreme Court recently ruled that the Constitution says that the states have to issue gay marriage licenses. Whether you agree with gay marriage or not, this is some Rabbi Yehoshua, “It is not in heaven,” level reasoning. I’m pretty sure if you raised the Founding Fathers or the authors of the 14th Amendment from the dead and ask their ghosts whether the Constitution mandates gay marriage, they’d look at you like you’d just grown a second head and then call you crazy. Gay sex wasn’t just illegal in every state, it was punishable by execution in several and Thomas Jefferson himself wrote a bill for the state of Virginia which penalized it via castration.

But “living constitution” and all that. A majority of modern Americans think gay marriage should be legal and don’t want to execute or dismember homosexuals, so society finds a way.

It’d be more honest to say, “Hey, we don’t really care what people thought about gay marriage 200+ years ago; we’re going to make a new law that suits our modern interests,” but since the legitimacy of the whole legal edifice is built on authority derived from the Constitution, people feel they must find some way to discover legal novelties in the text.

Like a man trying to fix a broken fence by piling up more wood on it, so American law has become an enormous, burdensome pile of regulation after regulation. Where traditions can be flexible–changing depending on human judgment or in response to new conditions–laws, by nature, are inflexible. Changing them requires passing more laws.

The Talmud may be long, but at least I can eat a bacon cheeseburger on leavened bread on a Saturday during Passover with no fear of going to jail. Even Israelis aren’t significantly restricted by Talmudic law unless they want to be.

By contrast, I can be put in prison for violating the endlessly complex US law. I could spend the next ten pages recounting stories of people fined or imprisoned for absurd and trivial things–bakers fined out of business for declining to bake a gay wedding cake, children’s lemonade stands shut down for lack of proper permits, teenagers imprisoned and branded “sex offenders” for life for having consensual sex with each other. Then there’s the corporate side: 42% of multi-million dollar patent litigation suits that actually go to court (instead of the parties just settling) result in the court declaring that the patent involved should have never been granted in the first place! Corporate law is so complex and lawsuits so easy to bring that it now functions primarily as a way for corporations to try to drive their competitors out of business. Lawsuits are no longer a sign that a company has acted badly or unethically, but merely a “cost of doing business.”

How many businesses never get started because the costs of regulation compliance are too high? How many people never get jobs as a result? How many hours of our lives are sucked away while we fill out tax forms or muddle through insurance paperwork?

Eventually we have to stop piling up wood and start tearing out rotten posts.

 

PS: For more information on the development of Rabbinic Judaism, I recommend Visotzky’s Aphrodite and the Rabbis: How the Jews adapted Roman Culture to Create Judaism as we Know it.

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Satanic Daycares, Pt. 3

So many people began reporting allegations that they or their children had been raped by a massive, underground Satanic conspiracy that the FBI got involved, investigated, and found a big fat nothing:

Kenneth Lanning, an FBI expert in the investigation of child sexual abuse,[151] has stated that pseudo-satanism may exist but there is “little or no evidence for … large-scale baby breeding, human sacrifice, and organized satanic conspiracies”.[46]

Lanning produced a monograph in 1994 on SRA aimed at child protection authorities, which contained his opinion that despite hundreds of investigations no corroboration of SRA had been found. Following this report, several convictions based on SRA allegations were overturned and the defendants released.[54]

Satanists, rapists, pedophiles, murderers, and even people who claim that Satan told them to murder people all do, indeed, exist. But an organized conspiracy lurking under the local daycare does not.

Scale

In all, Wikipedia lists 19 major Satanic Daycare Scandals and mentions “over 100” cases total in the US; and 18 Ritual Satanic Abuse allegations, plus the “West Memphis Three” case.* In 1987, Geraldo Rivera claimed on national TV that, “Estimates are that there are over one million Satanists in [the United States and they are] linked in a highly organized, secretive network.”[37]

A 1996 survey investigating 12,000 cases of alleged SRA found that most of the victims were diagnosed with MPD (or the new acronym, DID) and/or PTSD. Also:

In a 1994 survey of more than 11,000 psychiatric and police workers throughout the US, conducted for the National Center on Child Abuse and Neglect, researchers investigated approximately 12,000 accusations of group cult sexual abuse [note: I bet these two surveys used the same database] based on satanic ritual. The survey found no substantiated reports of well-organized satanic rings of people who sexually abuse children, but did find incidents in which the ritualistic aspects were secondary to the abuse and were used to intimidate victims.[92] (bold mine) (Wikipedia)

Another study found that:

“Of a sample of 29 patients who presented with SRA, 22 were diagnosed with dissociative disorders including DID. The authors noted that 58% of the SRA claims appeared in the years following the Geraldo Rivera special on SRA and a further 34% following a workshop on SRA presented in the area; in only two patients were the memories elicited without the use of “questionable therapeutic practices for memory retrieval.”[114]

Many of these cases started with genuine accusations of abuse or molestation–the “West Memphis Three” case began with the discovery of the bodies of three murdered children, and I do not know whether the three teens convicted of the murder were innocent or not. What all of these cases have in common is that after the initial, perhaps true accusation was brought by or on behalf of the children, the adults–relatives, police, social workers, etc.–inflicted their own agendas on the cases, creating a massive, non-existent Satanic conspiracy. It was this misconduct by the police and social workers that resulted in so many convictions (including the West Memphis Three) to be overturned.

It is better to convict genuine criminals of the crimes they actually committed than to concoct a web of lies and then have the conviction overturned.

Prominent people involved:

Janet Reno, Country Walk Babysitting Service case: Janet Reno was promoted to Attorney General of the United States.

Fells Acre Day Care Center Preschool Trial: “Current Massachusetts Attorney General Martha Coakley, the chief prosecutor of both of the Amirault cases, responded to the articles with statements that “the children testified to being photographed and molested by acts that included penetration by objects” and “the implication … that the children’s allegations of abuse were tainted by improper interviewing is groundless and not true.”[19]”

From the Wall Street Journal, 2010: “Attorney General Martha Coakley—who had proven so dedicated a representative of the system that had brought the Amirault family to ruin, and who had fought so relentlessly to preserve their case—has recently expressed her view of this episode. Questioned about the Amiraults in the course of her current race for the U.S. Senate, she told reporters of her firm belief that the evidence against the Amiraults was “formidable” and that she was entirely convinced “those children were abused at day care center by the three defendants.”  ”

One of the accusations brought in this case was that a 4 year old had been anally raped with a butcher knife which left no traces and did no damage.

Susan J. Kelly, Fells Acre. “As a pediatric nurse in the 1980s, Kelley interviewed many of the children involved in the Fells Acres Day Care Center sexual abuse case in Malden, Massachusetts.[6] Kelley’s interview techniques in that case later came under criticism from members of the media [6] and were called “improper” and “biased” by a Massachusetts appellate judge[7] after video tapes of her questioning of the children were played in court during the appeal of one of the defendants.[8][9]

“Kelley has specialized in the field of child abuse, since 1979 and has appeared as a featured expert on child abuse on national programs including the Today Show, NBC Evening News and CBS Morning News.[1]

The entire MA Supreme Judicial Court in 1993 and 1995.

Prosecutor Daniel Ford, Bernard Baran case: “Just a few years after Baran’s conviction, Ford was appointed to the Massachusetts Superior Court, where he presides over criminal cases. He has also served on a committee that determines state rules for criminal procedure. As Silverglate points out, not only has Ford never been disciplined, he has never been publicly investigated, nor has the state considered the reforms that could cut down on future wrongful convictions.”

DA Gerard Downing: “former Berkshire County district attorney Gerard Downing, had a heart attack and died while shoveling snow. For years, Baran’s appellate attorneys had been asking Downing to turn over the interview tapes. He said he couldn’t find them. (He isn’t the only prosecutor who has had problems locating tapes of interviews with children that produced abuse charges, but later proved exculpatory.) After Downing died, Capeless found and turned over the tapes in a matter of months. Had Downing not had a heart attack, Baran could well have died in prison.” (source)

I did not find the names of the folks involved in the Wee Care Nursery School trial, but you can read the transcripts of the police’s awful, unethical interviews with the children here.

Prosecutor H.P. Williams, Little Rascals day care sexual abuse trial, 1989: Lost a primary election in 1994, then joined Twiford Law Firm, where he appears to be still employed.

Faith Chapel Church ritual abuse case: “Dale Akiki was born with Noonan syndrome, a rare genetic disorder which left him with a concave chest, club feet, drooping eyelids and ears.[1] … The campaign against him was initiated by Jack and Mary Goodall, the former being the CEO of Jack in the Box, who stated that they found his physical appearance, coupled with his working contact with the children of the church in his capacity as a volunteer, “disturbing”. … The cases against him included no physical evidence, but allegations of satanic ritual abuse including testimony that he killed a giraffe and an elephant in front of the children, drank human blood in satanic rituals, and had abducted the children away from the church despite being unable to drive.[6]” …

“Prosecutor Mary Avery was the founder of the San Diego Child Abuse Prevention Foundation, to which Goodall was the largest financial contributor. She was brought in to prosecute at the Goodall’s insistence after experienced child abuse prosecutors Harry Elias and Sally Penso found no grounds to charge Akiki with any crimes due to the coercive investigation and suggestivity used by parents and therapists in the case.”

In other words, Goodall bought himself a prosecutor to put a deformed man in prison because he thought the guy looked icky. In this case, though, the jury didn’t buy it, perhaps because this was late in the game and the public was beginning to wise up.

Avery resigned from law in 1999. “A few months after the verdict, … Avery was re-assigned to less responsible duties. She subsequently resigned from the California State Bar.” (source)

Jack Goodall continued working for Jack in the Box until 2001, and is (was?) owner of the San Diego Padres.

Wenatchee child abuse prosecutions: “In 1995, forty-three adults were arrested on 29,726 charges of child sex abuse, involving 60 children … Eighteen went to prison. Child witnesses in the investigation, mostly from 9 to 13 years old, were often taken from their families and placed in foster care. Many later claimed that they were subjected to hours of frightening grilling and told that if they didn’t believe they had been sexually abused, then they were either “in denial”, lying, or had suppressed the memory of the abuse. … While several children recanted their testimony prior to trial, these recantations were ignored: “It’s well known that children are telling the truth when they say they’ve been abused. But [they] are usually lying when they deny it.” Wenatchee Child Protective Services (CPS) supervisor Tim Abbey stated.[8]

As of 2013, a Timothy Abbey was still listed as working for the Spokane, WA, DCFS. [PDF]

But the main player in the Wenatchee case was Lieutenant Robert Perez, who, frankly, sounds unhinged. Perez retired from police work in 1998 and is now deceased.

I’m going to stop here; you can read more over at Wikipedia.

As the Washington Post notes about the Satanic Daycare Scandal, “Most of those convictions have since been overturned, but for the most part, the law enforcement officials responsible for them were not only never disciplined, many were reelected or moved on to higher office, sometimes because of the notoriety they gained from those cases, which tended to be high-profile affairs.”

A prosecutor who wins cases gets promoted or at least keeps their job. A prosecutor who loses cases loses their job. An honest prosecutor, therefore, is more likely to get fired than one who suppresses evidence of the defendant’s guilt or is otherwise willing to act unethically. (The Wikipedia notes that the prosecutors in these cases learned pretty quickly to destroy the evidence–notes, recordings–of how they’d coerced the children into making accusations.)

Even if most prosecutors are truly well-intentioned, such a system rewards the unethical and punishes the honest.

There are many cases where a well-meaning person might make an honest mistake. The police failure to properly gather forensic evidence in the “West Memphis Three” murders, for example, may have been a mistake.

The Ritual Satanic Daycare scandals, however, involves cases of such mind-bogglingly absurd proportions that no such benefit of the doubt can be extended. If these people genuinely did not realize they were coercing children into lying in order to put innocent people in prison, then they are not mentally fit to manage their own affairs and should have been put into an institution for the intellectually disabled. If they are not mentally unfit, then they are monsters.

Some of them have been sued; none, as far as I know, has been imprisoned. The majority, however, faced no consequences at all for all of the lives they destroyed.

Back on the mental health front

In 1984, Connie, the psychotherapist behind Sybil, founded the International Society for the Study of Multiple Personality and Dissociation.

By the time of the ISSMP&D’s annual conference in 1987, speakers were lecturing about the, “Treatment of victims of ritual abuse,” and “The Satanic Cult in Rural Mid-America.” The ISSMP&D’s big new idea, that cults were breaking children’s minds into pieces, was invoked by people who had joined Connie in founding the organization and the multiple personality movement. More than six hundred therapists were attending ISSMP&D’s conferences to learn how to ferret ritual abuse memories from their patients. (source)

(Hypnotize them and inject them with massive quantities of drugs. Then when they start hallucinating and screaming, claim you’ve recovered their “memories.”)

The 1980 DSM described Multiple Personality (the “disorder” would be appended later) as “extremely rare”:

Before Sybil, fewer then 200 people over the past two centuries had been identified in Western medical literature with conditions resembling MPD. By 1984, only 4 years after the condition had been listed in the DSM, an ISSMP&D leader was suggesting that 25,000 Americans suffered from it. Another leader estimated that 3 percent of the population had MPD–over seven million people.

The massive increase in cases due in part to relaxed standards for diagnosis–alters were no longer required to be “complex”–and in part due to obvious idiocy:

It became common for MPD sufferers to possess scores, even hundreds, of alters (one was reputed to have 4,500.) Not all were human; some weren’t even alive. Patients reported gorillas and lobsters, as well as unicorns, angels, and–if the alters were immobile and voiceless–trees. Supernatural-sounding claim sprang up. A person with MPD, it was said, could have one alter with blue eyes and another with brown eyes. Such a person could be diabetic but have a personality whose insulin levels were normal. Even blood type could change. …

Gloria Steinem publishd an inspirational book for women, Revolution from Within: A Book of Self-Esteem, which lauded multiple personalities as a gift. MPD women, Steinem wrote, could learn many foreign languages. Not only that, they could “have two or even three menstrual cycles in the same body.”

OW. That feeling you are having is like an ice cream headache, only due to stupidity instead of cold.

(How the fuck does anyone respect this woman? Or take any of this shit seriously?)

MPD is no longer in the DSM (though a new diagnosis, Dissociative Identity Disorder, is) due to the profession deciding to strategically distance itself from the diagnosis after a bunch of shrinks got sued for malpractice:

In 1996, a church in Missouri agreed to pay $1 million to a woman who said that under the guidance of a church counselor, she came to believe that her father had raped her, got her pregnant and performed a coat-hanger abortion — when in fact, she was still a virgin and her father had had a vasectomy. And in August, a jury awarded $5.8 million to a woman in Houston who said her psychotherapist had implanted memories of murder, satanism and cannibalism.

The Schwiderskis sued two dozen people for $35 million after Kathryn Schwiderski, seeking help for depression, was accused by her therapist of being a member of a Satanic cult who had participated in cannibalism, human sacrifice, kidnapping, murder, torture, etc. Child Protective Services investigated charges Kathryn had harmed her children (and found nothing,) and she was institutionalized in a ward full of other people her shrink had also diagnosed with MPD due to Satanism. The state later closed that institution for abusing the patients, censoring their communication with the outside world, and refusing to discharge patients. (source)

Also about this time, insurance companies got wise and stopped paying for multi-year (or multi-decade) hospitalizations for depressed people, which really yanked the plug on the whole thing.

A few people (and fictional characters) still claim to have DID. Obviously this is bullshit; aside from a very few truly psychotic people, MPD (and DID) have never existed. The ISSMP&D is still in business (though it changed its name to ISSTD,) diagnosing patients and willfully ignoring the fact that all available evidence points to MPD and recovered memories being an enormous crock of shit inflicted upon patients by unethical shrinks.

In a sane world, the Satanic Daycare Scandal would have never happened.

Satanic Daycare Scandal, part 2

Effects

Now, you might think that people would be cautious about accepting absurd claims coming from actually diagnosed, mentally-ill people receiving psychiatric treatment, but personal experience suggests that they don’t. Combine this with the feminist claim that you must always believe and support the victim and never question their claims, and you have the ingredients for thousands of destroyed lives.

Sybil launched a good two decades of psychiatrists using hypnosis to convince anxious or depressed women that they actually have a dozen or two personalities as a result of repressed memories of childhood sexual abuse or other trauma. With the publication of “Michelle Remembers,” these patients became instant sources of repressed evidence of a world-wide Satanic child-torturing conspiracy. For example, as the NY Times reports:

While undergoing psychiatric therapy at a Chicago hospital from 1986 to 1992, Patricia Burgus says, she was convinced by doctors that she had memories of being part of a satanic cult, being sexually abused by numerous men and abusing her own two sons.

She says that hypnosis and other treatments caused her to believe she remembered cannibalizing people, so much so that her husband brought in a hamburger from a family picnic and therapists agreed to test the meat to see if it was human. …

Mrs. Burgus, 41, said in an interview that she was referred to the hospitals by therapists in her hometown of Des Moines who had been treating her for what she describes as a severe post-partum depression. She said she received a diagnosis of multiple personality disorder and was treated with various medications, hypnosis and was occasionally kept in leather restraints during six years of treatment, two and a half years as an inpatient. She said her children were hospitalized because doctors believed her disorder might be genetic.

As it turns out, if you make enough claims about an on-going, massive child-torture and rape conspiracy, sooner or later the police get involved.

In 1980, Becky McCuan, a little girl living in Kern County, California, was actually molested by her grandfather. Her mother’s step-mother, Mary Ann Barbour, became so distressed by her conviction that Becky’s parents weren’t doing enough to protect her that she had a psychotic breakdown and ended up in the mental hospital. [Note: the quotes in this section come from the Religious Tolerance link, but see also “A Modern Witch Hunt,” “Kern Case that Brought 1,000 year Sentences Thrown Out,” and the relevant Wikipdia article. I recommend reading more about the case just to get the full flavor of how horribly it was handled.]

The step-grandmother made numerous bizarre accusations against the parents, leading social workers to put the two step-grandchildren into her custody and begin investigating the parents for being part of a “sex-ring.”

After being repeatedly questioned by the police over many months, the children claimed that they had been:

1. Hung from ceiling hooks and beaten with belts

2. Rented to strangers in motels and forced to act in “kiddy-porn” movies,

3. Abused by a sex ring involving their grandparents, their parents, their father’s brothers, friends of their parents, (Scott and Brenda Kniffen,) the social worker who did the inspection, a co-worker of their father, and two unnamed child welfare workers,

4. And they had witnessed infants murdered and buried in a Satanic ritual.

They led the FBI to the place where the bodies were supposed to be buried, but not only were not corpses found, there wasn’t even evidence that the dirt had been disturbed (ie, dug up and filled back in.) (Archaeologists are amazingly good at figuring out if dirt has been disturbed, which is why we can tell where thousand-year old ditches and post-holes were buried. The police, we may assume, are similarly skilled at finding hastily dug graves.)

In fact, no evidence was ever found to support the childrens’ allegations, and the children themselves told their parents’ lawyers that they only accused their uncle because their grandmother told them to.

The police then brought in Scott and Brenda Kniffen’s kids; in order to get the accusations they wanted, the children:

were repeatedly and suggestively interrogated. The interviewers would describe a sex act and then ask the child to confirm or deny that it happened. When questioned separately, each was told (falsely) that their brother had disclosed abuse by both the parents and the rest of the sex-ring. Brian and Brandon claim that they were yelled at and terrorized by the interrogators. They were told that they could go home again if they testified about the abuse. …

Brian Kniffen later recanted, and said that he had been told what to say at the trial and had been promised that he could be with his parents again if he cooperated. His brother Brandon has also recanted. They have stated that the abuse never occurred and that they were led and coerced to testify as they did.

Accounts of the case claim that the police were just too ignorant to realize that you can get a small child to confess to just about anything this way. I don’t believe this for an instant, both because these kinds of interrogations were illegal at the time for adults, and because, the memories small children, no matter how honest, are not all that reliable even under good circumstances.

The McCuan’s and Kniffens were convicted and given combined sentences of over 1,000 years in prison.

From here, the number of cases ballooned–eventually 60 children were interrogated, resulting in convictions against 39 people (out of 80 accused) for ritual Satanic abuse and murder, including the sacrifices of 29 infants. All of the cases involved the same social workers, child abuse coordinators, deputy sheriffs and district attorney, Ed Jagels.

Eventually the children also began accusing the social workers, deputy sheriffs, and deputy district attorneys of ritual Satanic abuse, at which point the criminal cases all suddenly, mysteriously stopped.

Actually, the cases probably stopped because Attorney General of California started investigating the DA after the FBI couldn’t find the dead babies Becky and her sister claimed they had seen sacrificed and buried, and the DA was forced to admit that the whole infant sacrifice story was fake.

Eventually–20 years later–pretty much the entire case was overturned due to gross police misconduct. All but one of the people who hadn’t already died in prison or completed their sentences have been released.

(Showing that even a stopped clock can be right twice a day, one of the guys they imprisoned was a previously-convicted child molester, and after being released, he was re-arrested for molesting three children. Had the prosecution not attempted to charge 79 other, probably totally innocent people of ritual Satanic abuse at the same time, he probably would not have been released.)

 

The District Attorney who prosecuted all of these cases, Ed Jagels, once sent a man to prison for 25 years for stealing <$1 worth of donuts. Despite the courts overturning 25 of his convictions due to gross mishandling of the case and admissions that much of the “evidence” was made up, he remained adamant that the convictions were correct.

For his “hard on crime” and anti-child abuse stances, the people of Kern County re-elected him 6 times, until he retired in 2006.

The assistant DA, Andrew Gindes, died in 2010 after a “long illness.” Brian Kniffen, now grown up, said of Gindes, “He would slam books down, yell when we wouldn’t cooperated. He was demanding and scared us and wouldn’t take no for an answer…I wish I could talk to him now and ask him… why, why did he do that to me?”

Gindes worked in law for 30 years, though I have yet to figure out how much of that was after the trials.

After four of the now-grown children recanted their testimony and told the court that they’d been forced to lie 20 years before, a third prosecutor, Lisa Green, told the judge, “These kids were telling the truth back then and they are not for whatever reason today.”

Lisa Green is still employed as a Kern County District Attorney:

Lisa Green, a native of Buffalo, New York, graduated from Fresno State University in 1980 and attended the University of San Diego Law School, graduating in 1983. … She joined the Kern County District Attorney’s Office as a law clerk in 1983 and became a Deputy District Attorney upon passing the Bar exam in 1983. She has prosecuted over 110 felony trials, the majority of those cases involving homicides and sexual assaults. Mrs. Green was promoted to Supervising Deputy District Attorney in 2001 and in 2009 she was promoted to Chief Deputy District Attorney. In 2010 she was elected District Attorney, the first woman in Kern County to hold that position.

 

The McMartin Preschool Trial, 1984-1990, was one of the longest and most expensive–$15 million–criminal trials in US history. Prosecuted by Ira Reiner, who also prosecuted actual serial murderer and avowed Satanist Ricardo (Richard) Ramirez.

While we are here, I’m just going to shoe-horn in the case of Adolfo Constanzo, the Florida-born son of a Cuban immigrant who became a Voodoo cult leader after apprenticing under a Miami-based Palo Sorcerer. Palo, from the Congo basin, involves ritual human sacrifice, and Constanzo was no exception. He moved to Mexico and murdered at least 20 people for his magic rituals (the local drug cartels used his “potions” to aid their operations.) Eventually the police caught up with him and he committed suicide.

Note that it is actually really hard to keep ritual murders a secret for very long–sooner or later, the cops find the bodies and you end up on Wikipedia. The idea of a massive, secret, multi-generational conspiracy torturing and murdering children that no one noticed until 1980 is simply absurd.

Highlights of the McMartin case: After a preschooler had trouble pooping, his mom accused daycare workers of sodomy, bestiality, drilling “a child under the arms” and flying through the air. The mom was soon hospitalized for acute, paranoid schizophrenia, and died of chronic alcoholism before the criminal trial actually began.

Pazder and Michelle were flown in to meet with parents Several hundred children were coercively interviewed, resulting in bizarre accusations that they’d been abused by Chuck Norris and “flushed down toilets” to secret rooms under the preschool where the ritual abuse happened.

No one was ever convicted, and all charges were eventually dropped.

One of the prosecutors, Glenn Stevens, nobly left the case when he realized it was all dreamed up by a mentally ill woman. Stevens was forced to resign from the DA’s office when the state attorney general and the Los Angeles city attorney began considering criminal charges against him for pointing out their massive mis-handling of the case.

Thus the wages of honesty.

The guilty parties in this case were “Jane Hoag, the detective who investigated the complaints; Kee MacFarlane, the social worker who interviewed the children; Robert Philibosian, the district attorney; and Wayne Satz, the television reporter who first reported the case, and Lael Rubin, the prosecutor.[1]”

Some more information on them, hopefully correct. Scroll down.

Philibosian is still “at council” at the law firm of Sheppard, Mullin, Richter & Hampton.[3]

MacFarlane specialized in getting children to pretend they’d been sexually abused in order to convince them that they’d been been raped. According to Wikipedia, she testified before Congress that, “she believed there was an organized, nationwide conspiracy of individuals and “orthodox satanic groups” sexually abusing children, although she never presented evidence of who any of the individuals are nor proof of any orthodox satanic groups.[12]”

As of 2000, Lael Rubin was still working for the LA county DA’s office.

It’s getting late, so To Be Continued…