Archive for October, 2019

Should Galen Baughman Spend his Life in Prison?

Thursday, October 31st, 2019

On August 24, we posted the following article from the Washington Post. The authors have requested that we repost the article with the following preface:

On October 17, 2019, after a two-week civil trial in Arlington County, Virginia, a seven-member jury found Galen Baughman to be a so-called “sexually violent predator” (SVP). Galen was slapped with the SVP label despite having never even been accused of any violent act, nor engaging in predatory behavior—nor even committing any crimes since his teens. If his appeals are unsuccessful, Galen now at age 36, faces the prospect of lifetime civil commitment at the Virginia Center for Behavioral Rehabilitation, a high security prison with a different name.

Galen’s trial provides a window into the Kafkaesque legal process for civil commitment, in which the state can violate basic legal rights, including due process; can engage in expert shopping; and routinely draws on what can only be characterized as “junk science” to inflict grossly excessive punishment. Galen was convicted not for anything he has done, but for what the state’s hand-picked experts claimed he might someday do.

The following article was written just prior to Galen’s trial. Our worst fears about the conduct of the trial, and its outcome, were borne out. Only the prosecution’s “experts” were permitted to testify. No exculpatory evidence was admitted. After a one-sided trial, an effective advocate for the rights of people accused of sex offenses was convicted.

—Philip Fornaci and Roger Lancaster.

Here is the article.

Elsie Oscarson Update

Sunday, October 27th, 2019

[Great news from Mark Pendergrast]

Elsie Oscarson is free!

After 21 years in prison, Elsie Oscarson was finally released on September 2, 2019. She was granted a new trial, but because it would be rolling the dice one more time, she took an Alford plea, which allows her to maintain her innocence, but she must still remain on a sex offender registry, cannot be in the same room or in a park or school with anyone under seventeen years of age without another adult present, and has to abide by other restrictions. She also cannot initiate contact with her children, though they may contact her through the courts.

Despite these restrictions. Elsie is ecstatic to be free, determined to abide by all regulations, and is living with her sister in a home in northern Vermont. She looks forward to gardening, cooking, taking walks, and drinking eggnog, and eating whatever she wants. (She has already had a big steak.)

As a volunteer and former board member with the National Center for Reason and Justice, I was instrumental in investigating her case, determining her likely innocence, and helping to get her case taken on by Seth Lipschutz, her lawyer (who retired just as she was freed) for the Vermont Prisoner’s Rights division of the Defender General’s office. The NCRJ has sponsored her case for many years and is delighted that she is finally free after being imprisoned for over two decades for offenses she almost certainly did not commit. –Mark Pendergrast

Burned by ‘bad science’

Saturday, October 26th, 2019

Photography by Elizabeth Conley

In the Texas courthouse 100 miles east of Dallas that day in September 2012, the prosecutor turned to his expert witness and asked whether he believed the child’s injuries could have been the result of an accident.

“The pattern of her burn injuries is what I would call a forced immersion,” the expert, Dr. Matthew Cox, said, indicating that someone must have intentionally held the child in scalding water.

Later, when pressed by a defense lawyer, Cox was unequivocal: “Absolutely, this is child abuse.”

Following that testimony, the girl’s grandparents, Kenneth and Shelley Walker, 55 and 60 at the time, were both convicted of injury to a child and sentenced to 25 years in prison. They assumed they would die behind bars.

Read the article by Mike Hixenbaugh in the Houston Chronicle.

Hundreds of police officers have been labeled liars. Some still help send people to prison.

Thursday, October 17th, 2019

Scott Dalton for USA TODAY

“In a case that came down to one man’s word against another’s, jurors believed the police officer. Because of his prior offenses, Vara was sentenced to 25 years in prison.

“What happened to Vara has been unconstitutional for more than 50 years.

“The U.S. Supreme Court ruled in 1963 that prosecutors must tell anyone accused of a crime about all evidence that might help their defense at trial. That includes sharing details about police officers who have committed crimes, lied on the job or whose honesty has been called into doubt.”

Read the article by Steve Reilly and Mark Nichols in USA Today.

Repressed Memories are Back!

Thursday, October 10th, 2019

“In 1973, the idea of repressed memories became popularized with the publication of Sybil, a “nonfiction” book by journalist Flora Rheta Schreiber. Schreiber claimed that under psychiatric treatment, a patient whom she called Sybil recalled severe abuse by her mother, abuse that later manifested as 16 different personalities that all lived within her. The book sold over 400,000 copies and was later made into a movie, bringing the idea of both multiple personality disorder, and repressed memories, into pop culture.

Sybil was later reinvestigated by journalist Debbie Nathan, who concluded that most of the story was based on lies. But the book sparked an industry. Therapists all over the country began to specialize in this treatment, and more and more books and articles were published legitimizing wild, outlandish stories of abuse.”

Read the article at The Stranger by Katie Herzog.

H/T Bill Dobbs of The Dobbs Wire