- Michigan sex abuse prosecution of dad falls apart; it was premised on ultra-controversial technique of “facilitated communication” with autistic daughter [Detroit Free Press; Ted Frank/Point of Law]
- Do demagogy and hardball work as trial techniques? [Steve McConnell vs. Ronald Miller and Max Kennerly]
- When lawyer-pundits consent to chase cameras [Scott Greenfield]
- Lawyer dad sues middle school girls over Facebook video [Houston Chronicle]
- So-called Precautionary Principle slipping into Restatement (Third) of Torts? [David Oliver]
- U.S Attorney in Maryland didn’t think Lauren Stevens case was strong enough to indict [Sue Reisinger/Corporate Counsel, White Collar Law Prof, Legal Ethics Forum, my Cato take]
- “The SLAPP-Happy Story of Rakofsky v. Internet” [Citizen Media Law, Atlantic Wire (“Meet the Lawyer Who Sued the Internet”), Popehat, earlier here and here]
3 Comments
The article in the “facilitated communication” listing was terrific.
This train wreck kind of case is not a one-off. That makes me wonder what goes on in law schools. The police officer was brain washing a 13 year old boy. People believed that a child could progress from 2 year old performance to ninth grade performance in an instant; the judge was derelict in not question obvious gobble gook; the prosecutors were more interested in making a case than seeking the truth.
It turns out that Associate Justice Ginsberg still propounds thoroughly discredited theories of discrimination. She is nuts! And the Massachusetts’ appellate court said that the witch trial of Father Shanley, based on the discredited theory of “repressed memories”, was OK. Those who are “proud to be an American” are misguided.
The facilitated communication case was sad but its really the family’s fault. They pushed the school to use FC and threatened to sue if they didn’t. The prosecutors can’t be blamed for falling for pseudo science that initially every person involved in the case fell for. As it should, the case never made it to a preliminary hearing.
But. Mr. Eggers, prosecutors are trained in the law and supposedly understand the concept of evidence. The same for judges. The Massachusetts Appellate court said that the use of the thoroughly discredited theory of repressed memories was OK because the Kabuki dance performed for the judge was adequately theatrical. The people of Massachusetts love their witch trials.
My son-in-law at the time of the OJ Simpson trial was a Sargent for the State Police. He told me his black fellow officers found the evidence in the case wanting. These guys were trained in the collection of evidence and should have understood DNA.