Information on alleged Kern County "sex ring" cases


Articles on these cases culled from the FMSF and Witchhunt Mailing Lists (opinions are those of the authors):

**********************************************************************
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
**********************************************************************
3401 Market Street suite 130,  Philadelphia, PA 19104,  (215-387-1865)
**********************************************************************
 . . .
 ___________________________________________________________________
 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.
                       ________________________


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:

**********************************************************************
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
**********************************************************************
         ____________________________________________________
         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."


**********************************************************************
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
**********************************************************************
   _________________________________________________________________
  "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.

  • Return to top of page

    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.
    
    ------------------------------
    
  • Return to top of page

    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."
    
    ------------------------------