Articles on these cases culled from the FMSF and Witchhunt Mailing Lists (opinions are those of the authors):
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F M S F O U N D A T I O N N E W S L E T T E R (e-mail edition)
Vol 5 No. 8, September 1, 1996
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3401 Market Street suite 130, Philadelphia, PA 19104, (215-387-1865)
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Judge Frees 2 Couples Imprisoned 14 Years in Child Molestation Case
San Diego Union-Tribune Aug. 14, 1996
Two couples will be freed from prison following dismissal of their
convictions of child molestation because authorities repeatedly asked
the children leading questions thereby tainting their testimony. Scott
and Brenda Kniffen and Alvin and Deborah McCuan will not be retried
because so many years have passed and because two Kniffen boys now say
they were not molested.
In the Kern County Superior Court ruling, Judge Jon Stuebbe wrote,
"It is apparent to this court that the result of the interviewing
techniques used in this case was to render fundamentally unreliable
the children's testimony at trial." This included "telling the child
reports of abuse would help their parents and they could all go home
and live together again."
These families are two of several who were prosecuted for sexual
molestation in Kern County in the 1980's and have since had their
convictions overturned.
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Date: Tue, 13 Aug 1996 07:39:51 -0400 (EDT)
From: pjf@saul.cis.upenn.edu (Peter Freyd)
Subject: Victory in California
Carol Hopkins writes:
Kern County Superior Court Judge Jon Steubbe today [Mon, Aug 12]
overturned the convictions of the Kniffens and McCuans!!! He has
ordered that they be released immediately. These two couples were
convicted during the Kern County "sex ring" trials and have served
fourteen years. Mike Snedeker was the appellate attorney who prevailed
after also obtaining overturned convictions in a number of the other
Kern County cases.
For some of the background:
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F M S F O U N D A T I O N N E W S L E T T E R (e-mail edition)
Vol 4 No. 8, September 1, 1995
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APPEALS COURT OVERTURNS CHILD-MOLESTATION CONVICTION
Fresno Bee, August 10, 1995
Robert Rodriguez
Donna Sue Hubbard was convicted of child molestation in 1985 and
given a 100-year sentence. The 5th District Court of Appeal overturned
the conviction which was one of the famous Kern County cases during
the mid 1980s. "The climate at the time was one of mass hysteria,"
said Glenn Cole, former Kern County grand jury foreman.
"There is substantial likelihood that the children's resulting
testimony was false and thus unreliable," appellate Justice Thomas
Harris wrote. The court also faulted the trial judge for faulty
instructions to the jury. The decision will result in a new trial if
prosecutors choose to retry the case.
According to the article the "allegations began 10 years ago when
police investigated the possible molestation of a 6-year-old boy by
one of Hubbard's neighbors. As investigations continued, the
allegations became increasingly detailed and horrific. The neighbor
was accused of "tying him up -- placing him on a wall hanger with
either a rope, harness or chain -- and molesting him." Investigators
found only a small cup hood with a shank three-eights of an inch long
in the apartment.
Hubbard became involved after a neighbor said that Hubbard's son was
also at the neighbor's house. She became a suspect after a paid
informant "accused her of receiving money for allowing others to
molest her son."
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F M S F O U N D A T I O N N E W S L E T T E R (e-mail edition)
Vol 4 No. 9, October 1, 1995
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"MANY KERN COUNTY (CALIFORNIA) MOLESTATION" CONVICTIONS OVERTURNED
_Fresno Bee_, 8/30/95
On August 7, 1995 the 5th District Court of Appeal in California
overturned the conviction of Donna Hubbard. She was one of 37 people
convicted in the early and mid-1980s as Kern County prosecuted eight
"rings" of child molesters. Since that time, 14 of the 26 people found
guilty have had their convictions overturned.
Hubbard and two men were convicted in 1985 of the molest of
Hubbard's 9-year-old son and two other boys. She was sentenced to 100
years. Hubbard's son later recanted much of his testimony.
In its 470 page opinion, the Appeals Court was sharply critical of
the Kern County investigators' interview methods. The court noted that
investigators repeatedly used leading questions and conducted numerous
interviews with the children. The court said that there was
"substantial likelihood" that Hubbard's conviction was based on false
evidence.
Sender: Is there a child sex abuse witchhunt?Date: Tue, 13 Aug 1996 23:22:57 -0400 From: "Carol L. Hopkins" CAROLHOP1@AOL.COM Subject: Kern County/Congressional Hearings The Justice Committee 625 Broadway, Suite 1111 San Diego, CA 92101 FOR IMMEDIATE RELEASE MONDAY, AUGUST 11, 1996 Kern County Superior Court Judge Jon Steubbe today vacated the convictions of Brenda and Scott Kniffen and Alvin and Debbie McCuan. He has ordered the State of California and Kern County to expedite the immediate release of these prisoners who have each served fourteen years of combined sentences of over 1000 years for child sexual abuse. These are only the most recent overturned convictions in this type of case. Kern County alone has already witnessed numerous others. The investigation which led to these convictions was the subject of a 1986 scathing review by the California Department of Justice which did not, however, take the courageous position of recommending immediate review by the courts. Instead, many of those convicted have languished more than a decade in prison. In 1995, in a related case, the California Supreme Court overturned the conviction of Donna Sue Hubbard in a highly critical, but unpublished, decision. Donna Sue served eleven years. At that time, the Justice Committee wrote a detailed letter to both Attorney General Lungren and District Attorney Ed Jagels calling for them to stop contesting the appeals of the remaining prisoners. Included in those letters was documentation of new scientific evidence regarding the now discredited standards for physical evidentiaries at the time of the convictions as well as information regarding recent experiments on child suggestibility in the face of leading questioning. Questioning in Bakersfield went far beyond the definition of leading and was, in fact, coercive, threatening, brainwashing of young children. The Justice Committee pleaded fruitlessly with authorities, both in the name of justice and fiscal prudence, to stop defending these highly flawed convictions. Mr. Jagels was quoted in the local press as saying that he had filed our correspondence in the round file and that he had every intention of continued, vigorous defense of these convictions. More than a year later in the lives of these tortured innocent people, and hundreds of thousands of taxpayer dollars later, they will finally walk free. The Kniffens and the McCuans are only four of the Justice Committee s more than 1000 cases of false convictions resulting from the child sexual abuse hysteria generated by the McMartin Case. These cases have occurred in every state in the Union. The Justice Committee has spent the last year moving the Congress toward hearings into the causes of these prosecutions and the remedies for those who have been falsely convicted. Congressmen Sonny Bono, Bill Archer, Dick Armey, among others. have joined with the Justice Committee and also support the need for these hearings. Please contact Carol Hopkins for more information about the Justice Committee and other cases. ------------------------------
Sender: Is there a child sex abuse witchhunt?Date: Sun, 4 Aug 1996 07:10:28 -0400 From: Nicholas Peters Subject: Edward Jagels Witch Hunt Unembellished [This is an article from the Bakersfield Californian of July 26, 1996. The article demonstrates the mode of operation of the anti-justice, and anti-family and anti-science Kern County child abuse witch hunt led by District Attorney Edward Jagels and Assistant District Attorney Andrew Gindes. It is not a pretty picture. The witch hunt has continued from 1982.] KNIFFEN SONS WANT PARENT BACK Sons of Convicted Parents Tell How Testimony Was Coerced Brian Kniffen clung to his mother as the deputies swarmed around them. "Go with these people and do what they say," said Brenda Kniffen to her weeping 6-year old son that day in April 1982. "Then everything will be alright and we'll be back home." Those were the last words Brian heard from his mother for many, many years, he said Thursday after testifying once again in a Kern County courtroom. He had been here before, as a child, sitting on a booster seat in a witness chair 10 feet away from his mother and father, Scott, weeping and scared and made to start over and over again. At that 1984 trial, he testified that his parents, Brenda and Scott, and their two friends, Deborah and Alvin McCuan, had molested him in hotels, hung him from hooks in their homes and sodomized him repeatedly. Thursday, he was hoping to make things right by telling a Kern County judge what really happened. Now 20, he told Judge Jon Stuebbe in a closed courtroom that he was coerced and badgered by social workers and district attorneys, he said after the hearing. "I believed my mother's words when she said to do what these people said," Brian said. "And I believed them (social workers and district attorneys) when they promised I could go home if I just said it all had happened. So I did. "And I never did go home." The testimony of Brian and his older brother Brandon and the McCuans' two young daughters at the 1984 trial sent the Kniffens and McCuans to prison for 1,000 years collectively. Brandon, now 23, also testified at the hearing Thursday, saying he was never molested by his parents and only agreed after many grueling interviews. Attorneys for the Kniffens and McCuans hope the boys' testimony as men will be a compelling piece of new evidence for Stuebbe to consider. The judge is presiding over a special hearing that is part of the appeal process. Because the hearing was closed Brian told his story to a reporter after the hearing. He smiles a lot, and reveals his deepest hurts in simple words. He remembers his life before with nostalgia. There were Sunday mornings, walking beside his father with a plastic toy mower as the two trimmed the lawn. There were soccer games and wrestling events and family get-togethers where the adults played cards and the kids played pretend. The night before the deputies came, he had a bad dream. He crawled into bed with his parents and fell back to sleep. "The next thing I remember she was leaning over me, crying, and telling me I had to go with these people," Brian said. Now his life would become a bad dream, he said. The man he remembers most is prosecutor Andrew Gindes, a tall imposing attorney who scared Brian with his questioning techniques. "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?" Brian and Brandon were whisked away to foster homes and their relatives kept away except for a few strictly supervised meetings, according to court records. Brian lived in 16 foster homes before hew was 13. Some were fine, others made yet another scar on his fragile psyche. "There was one foster home where they kicked me out," he said. "I slept walked, and they were really churchy people. They thought I was possessed by the devil." Brian's grandparents, Dick and Marilyn Kniffen, tried to get custody of both boys but, for seven years, were unsuccessful. At 13, Brian finally moved in with them. Brandon remained in foster homes, kept away from relatives for several more years, according to court records. "For a long time I felt deserted by my family," Brian said now. "I didn't know that all along they were trying to see me, get custody. I just thought they had forgotten about me." Those feelings led to rage during his high school years. He fought a lot, he was jittery with nerves, moody, depressed. His grandparents, who spent hundreds of thousands of dollars on appeals for Scott and Brenda Kniffen, put Brian into counseling where he learned to deal with the ancient hurts and angers. "I've always felt different from everyone else," he said, smiling and shrugged. "And I don't trust the law." Today he lives in a Bakersfield apartment with his girlfriend. They both work full-time and part-time jobs. They just bought a brand new car, he says proudly. He was proud of his testimony Thursday, as well, he said. He was a man, and could take care of himself. No one would ever make him say a lie again, he said. "I just wish I was bigger then," in 1984, he said. In 1993, both he and his brother recanted their testimony. Earlier, at 15, Brian had tried to set things right, he said, but a social worker told him his life in Foothill High School would be over if he did. The endless days in court would begin again, he would be questioned again and again. "So I just said I couldn't go through with it," he said. "That's not the same as taking back my recanting. It's just saying I couldn't deal with all that court stuff again at 15." A few years ago, he listened to the tape recording of an interview with former [Assistant] District Attorney Don McGillivray and himself. The moment he heard the words spill out of the speakers, the old fear curled in his gut. "They scared me, completely coerced me. I always knew it never happened. But I was only 6, you know what I mean? And they just kept on and on." Today, his greatest wish is for his parents to come home. He has visited them numerous times in prison, with glass barriers and guards keeping the meetings distant. He teases his mother into laughing when he comes to visit. "Wherever me and Brandon are is where they want to be when they get out," he said. "Because of what's happened to us, we'll be close the rest of our lives." ------------------------------