Saturday, July 3, 2010

But Why Would Anyone Bring False Charges? Part II: The Police, Prosecutors, and "judge" Brian House

In dealing with the obvious question of, "Why would people bring false charges?" I noted that the parents of the accusing children had plenty of incentives to do what they did. Granted, they actually believed they would see Tonya Craft convicted and sent to life in prison, and are stunned that the tables now are turned upon them.

Why were they so sure of a conviction? They knew that the players of the Lookout Mountain Judicial Circuit would do everything to grease the skids of the Tonya Railroad, as they have been quite successful in doing that for years. It is very difficult for someone to beat a tag team of police, prosecutors, and judges, and Sandra Lamb, Joal Henke and company simply bet on the odds.

The other day, I received an email from someone who has a friend with personal connections to the LMJC and the emailer told me that the people from the judges to the police are trying to say that Tonya really was guilty. To increase the intensity of this howler, they are claiming that they had evidence of "horrible" things Tonya had done, but were not allowed to bring it into the trial.

That, my dear readers, is a crock of you-know-what. As shall be done in a future post, we are going to deal with the "mystery fourth victim" and explain why prosecutors did not bring that into "evidence." This so-called disclosure was so ridiculous and so full of holes that "Facebook" and "The Man" understood that even under the "House Rules," the defense would shred it to bits.

Since when did "judge" brian house (from now on, his name is always in lower-case) not give the prosecutors what they wanted? They were permitted to add "I just remembered" testimony from Suzi Thorne and Joal Henke, they suborned perjury, and they also knew that house would prevent the defense from entering into evidence material that would demonstrate beyond a doubt that the prosecution's witnesses were lying.

The notion that house would prevent ANYTHING that he believed could help convince a jury to convict Tonya Craft is so laughable that I am surprised that even a perjurer like Tim "Dirty" Deal would be spreading that lie. Furthermore, the insistence of the LMJC players from police to the judges (yes, even the judges are trying to claim it was an "O.J. Verdict," from what my sources tell me) that Ms. Craft "did it" tells me that the ENTIRE "justice" and "law enforcement" apparatus of the LMJC is incapable of being able to differentiate between truth and lies.

If these people really, truly believe that Tonya Craft molested these children, and that the "I just remembered" nonsense and the sudden appearance of "documents" written to fill the holes and being permitted into "evidence" by "judge" house were true, then they literally cannot tell the difference between fantasy and truth. Now, I will say that I have no confidence at all in American "justice" and the government employees who work to throw people into prison, many of them innocent. However, I cannot get myself to believe that "Dirty" Deal, Det. Steven Keith, "Facebook," "The Man," and "judge" house are unable to differentiate between false and true evidence.

Furthermore, if they really believed Ms. Craft was a child molester, then why did they have to suborn and commit perjury? Why did "Facebook" and "The Man" lie to jurors in their closing arguments? Why did they not ask ANY questions of substance David and Tonya Craft when they were on the witness stand being cross-examined? Why was "Facebook" giving hand signals to "judge" house the entire trial to help direct him?

Why did "judge" house grant the prosecution almost ALL of its objections and almost NONE to the defense? Why did "judge" house sanction the defense for innocuous comments but permitted prosecutors to scream, throw down books on tables, roll their eyes, yell at witnesses, insult the defense counsel, and generally make a mockery of justice?

Why? They wanted to win. Winning brings federal money to the LMJC, and when Buzz Franklin came into office and declared that the LMJC was going to emphasize child abuse and molestation cases, he was not doing it for love of children. But, there is another reason besides money, although I am sure that greed partly drove this and other such cases in the circuit.

The LMJC players are the kind of dishonest people who manage to self-select themselves into the line of work in which they are protected by immunity. Think about it. Cops are notorious for lying on the stand under oath (cops like to call it "testilying" -- their term), yet it is a very rare thing when a police officer is indicted for perjury or even sanctioned. Prosecutors who suborn perjury receive at most a slap on the wrist, and the courts jealously guard the immunity of their own.

So, we are supposed to marvel when a serial liar like Det. Jim Broderick is indicted for perjury for giving false testimony that led to the wrongful conviction of Tim Masters in Colorado. Yet, at least Larimer County grand jury was willing to investigate wrongdoing by police and prosecutors; one can bet that a grand jury of the LMJC (with all its good church-going "Christians") would cover up lies and outright crimes of public officials.

I believe that the players of the LMJC have moved to the Point of No Return in which they no longer care about telling the truth. They just love to win; the whole thing is a game to them, a "heads I win, tails you lose" game that attracts the worst of the worst. For some people, that is incentive enough.

Henry Wade, the "legendary" prosecutor of Dallas County, Texas, was supposed to have coined the saying, "Any prosecutor can convict a guilty person. It takes a GREAT prosecutor to convict an innocent person," and his office had enough wrongful convictions to prove it. (The Oscar-winning documentary, "The Thin Blue Line," forcefully showed a wrongful conviction in action. It is worth seeing if you really are a True Believer that prosecutors would not purposely seek a conviction against an innocent person.)

I am sure that "Facebook" and "The Man" believe they are Great Prosecutors. After all, the LMJC has a 98 percent conviction rate, and they supposedly are the Great Heroes Saving Children From Child Molesters. The local press has treated them like gods, but they finally overstepped even their limits and came up against a determined defendant and a crack defense team that put those prosecutors in their places.

And it was not just the direct participants who worry me. We saw one judge of the LMJC being sanctioned, and she was the one who presided over the wrongful conviction of Brad Wade. (Yes, Brad Wade was wrongfully convicted, unless you want to believe that Stacy Long of the Children's Advocacy Center, and Len Gregor are honest people.)

For that matter, the original judge in the Tonya Craft case recused himself because at the time he was dating...Laurie Evans. Yes, Evans had him convinced that Ms. Craft was a sociopath (her explanation of why Ms. Craft passed two lie detector tests), as though Evans has any credibility herself.

So, we have an entire judicial circuit full of people who apparently see no problem in lying and suborning perjury, who chase after rabbit trails of "evidence," and who have no problem lying to jurors and then excoriating them when they acquit an obviously-innocent defendant. This is an utter disgrace, but it tells us something about human nature: If one gives people immunity from their actions along with nearly-unlimited power, then no one should be surprised when they gravitate to doing evil.

56 comments:

kbp said...

Bill,

Most all you write I am in agreement on, but the way the first 2 paragraphs can be read could lead a reader to conclusions I would not agree with.

I've seen many comments on "why" to explain the conduct of all those involved, along with some debate on the difference between "consequences" and "ramifications". Considering where those comments have gone, a reader might conclude that all involved were working together, FROM THE START, knowingly looking for a conviction of Tonya that would put her away for the rest of her life.

I do not believe that outcome was the original intent of any of the individuals involved, including all from Lamb through Arnt.

I actually feel that the initial intent for any involved was most likely an outcome no worse than a plea bargain for progation, along with all the troubles such action would bring with it.

kbp said...

That should read "plea bargain for proBation".

JD said...

Great post!

I have to agree with kbp because I read that Tonya's first lawyer suggested she take a plea bargain so the prosecutors were looking for one. This was the first time that someone didn't take the plea bargain and won.

That excuse of having more evidence, but couldn't bring it to trial doesn't make sense. With the OJ Simpson trial we knew what additional evidence was not let in because during trial you request it. If the judge denies it, then the jury doesn't hear it, but the general public does. Also, a fourth victim doesn't coincide with what Jerry McDonald said in the Echols tapes that they were having to go along even when they wanted to stop their part of it. They would have forced the issue just like they did with the McDonald's.

Their biggest problem was when Tonya's team brought in experts there wasn't any experts on the prosecution side that could hold a candle to them. Of course, they probably couldn't find an expert of that calibre that would agree with their interviewing processes.

By the way, what are the rules regarding talking about cases after their have been adjudicated? I would think that prosecutors wouldn't be allowed to talk about it like that. Of course, maybe it's only to the media and on the record they can't talk like that.

kbp said...

"...because during trial you request it"

Just FYI:

Most evidence that may be suppressed in a trial is handled through motions and hearings in pre-trial.

Efforts are often made during trial to introduce some evidence that had been suppressed, but most often it is due to the opposition having done something that makes attorneys feel the door was opened to bring it in, the circumstances are different than when it had been suppressed.

That is just a brief summary from a lay person, as there are many more technical issues I am not a source to explain!

KC Sprayberry said...

Not all those involved with the justice system around here liked what happened with Tonya's trial and others like it. I know of one cop who retired because he couldn't do anything and no longer wanted to put up with the mess. Unfortunately, kids around here will suffer as he always looked out for them and kept more than a few from straying off the path.
Everyone from the prosecutor to his minions to the judges to the faux interviewers/therapists involved in these cases has no other choice but to claim evidence not allowed or Tonya's looks, or a 'one trick pony' defense team ruined their
'chance at a fair trial'. To claim otherwise is to admit they made a mistake. And, hey, then they would have to accept the consequences of less of that lovely money from the Mondale Act and the loss of their jobs where no one makes them do the right thing. But change is coming. I've talked to several people over the last week. More than a few are certain incumbents have very little chance of retaining their positions come November, even if they start making changes now. Looks like something good is coming out of this, but I won't hold my breath about change around here until it happens.

Anonymous said...

I agree KC. Everyone I have spoken with is ready to clean house in the LMJC (and I know a lot of people). It's amazing too, with all of the people I know, not one has said they believed Tonya was guilty. Not one! From teenagers to senior citizens, everyone has agreed that she IS & always was innocent & that she was railroaded by a dirty system. Another thing I find interesting is a lot of these people never read Mr. Anderson's blog. Just by simply casually following or following a little more intensely with the news, they all have said the same thing! I turned a lot of people onto this blog, but some just don't have the time, so they count on me to give them the "highlights".

Anyhoo, we will have change in this community & there are some of us who will make sure of it. We are still too early before these jokers come up for re-election or decide to run for office, but believe me, there is a large group of us who will stop at nothing to remind everyone of what transpired, not only with Tonya, but with all of the other people who have seen injustice by these idiots.

KC, I too know other officers who were just disgusted by what happened & several are looking into other professions. Sad part, they are good people who became LEOs for the right reasons. Also, there are many more over the state line who also knew what happened was wrong. Just like with everything, it's hard not to lump people into one category, but I do understand why it happens.

Keep on it Dr. Anderson. Even though some people following this case don't actually read the blog, the information you provide gets out there among the masses. I will continue to share your information & keep the interest going. Too much to clean up in this community not to stay on top of it. Thank you for what you do.

Also, I'm glad you brought up the Masters case. I have seen 2 specials in less than 2 weeks on this guy. Wow! It amazes me that Broderick still has a job & still "believes" this poor guy killed that woman. Masters whole life has been taken by a rogue detective and very LMJC-like prosecution team. I found it uncanny how much they mirrored even though the cases were different. Very frightening.

KC Sprayberry said...

Anon 12:24. One of the contacts was my mother-in-law, who mentioned the probate judge (a member of her church) said she was grateful she wasn't running for re-election this year because there probably won't be an incumbent left in office. Now, I don't have a problem with the probate judge. Everything I've ever heard about her is positive, indicating she handles a rough job (what with disgruntled heirs) very well, but she's scared for her own position because of these people's actions. How very sorry those men and women can't think about anyone beyond the end of their nose. They truly are narcissists, since they have no idea how badly their actions have hurt the community and only care about their own little world.

Anonymous said...

I have a question... I understand that judges and prosecutors have privilages of immunity regarding their profession. But, does this immunity cover everything they do outside of work? In other words, if they are conspiring on their own time are they still covered with this protection?

Anonymous said...

I have a question... I understand that judges and prosecutors have privilages of immunity regarding their profession. But, does this immunity cover everything they do outside of work? In other words, if they are conspiring on their own time are they still covered with this protection?

Anonymous said...

Tonya's story in Psycology Today!

http://www.psychologytoday.com/blog/stepmonster/201005/stepfamily-drama-and-the-prosecution-tonya-craft

Anonymous said...

Heh! 22 Felony counts involving child sexual abuse. I guess most of us can sigh with relief that the prosecution didn't show us anything "terrible".

Alinusara10

JD said...

Thanks for the clarification kcp.

I can say one thing about Illinois we have a US attorney that goes after these people. I just read that he got a conviction on perjury and obstruction of justice charges against a cop who was getting confessions by torture and other means in the 1980s. It took a long time but justice was finally served. It's too bad our appellate courts, even after this was discovered wouldn't overturn the convictions of people who all the state had was their confessions. I wouldn't say Patrick Fitzgerald is squeeky clean, but he did make sure we got a conviction out of Ryan and hopefully Blago. The Blago trial makes me embarrassed that I live in Illinos.

kbp said...

Anon 1:19,

The "immunity" is supposed to be according to the duties they perform.

If a prosecutor or judge is doing what they are assigned to do, their immunity is usually "absolute".

If they step outside their job duties (like a prosecutor talking to the media), their immunity is more like that given to most all state employees and contractors, "qualified".

The "qualified" leaves them open for personal liability if they step over the line.

If one commits a crime, there is no immunity for such conduct.

The next problems are that nobody will charge them for crimes and it is a very expensive battle to beat any level of immunity.

Also, as a general rule, when a prosecutor is trying someone in a criminal trial or actually working on preparations for that case, anything they do is covered under that immunity.

KC Sprayberry said...

kbp, I believe there was a statement made by SL to EE regarding Chris Arnt stepping outside his duties as a prosecutor and advising her as an attorney in the civil case Echols was serving her a warrant on. Didn't she tell the media that 'Chris Arnt said she didn't have to accept the subpoena? I thought prosecutors couldn't involve themselves in anything outside the scope of their duties. So, wouldn't this make him as liable as her for the actions that followed? Sure would like to know.

William L. Anderson said...

Prosecutors and judges are protected as long as they are acting within the bounds of their accepted work. Now, if a prosecutor were holding up convenience stores at night, he would not have immunity.

KDP, it is true that they usually get pleas out of people, but Tonya was not going to jail, nor was she going to register as a sex offender for the rest of her life.

My point is that these people always got convictions, either by trial or plea, but they got them. They were prepared to do anything, including fabrication of documents and subornation of perjury, to get what they wanted.

Anonymous said...

I'd still find a way to go after him if I could... This would put other rouge prosecutors on a "notice" and it would be a way to bring REAL change! Besides, the honorable judges out there may be ready to look favorably on this kind of forced accountability. No one should have a "free pass" to work under the radar of the law. NO ONE!! There is the option for impeachment of a president. I cannot accept that these men have unlimited free reign. This country was founded on checks and balances. This seems to run counter to our system of government

kbp said...

KC,
If all things were perfect, Arnt's advice to SL, regarding avoiding service of a summons, could be a violation of ethics for the state bar to consider. I'm not sure how that act in itself could create any liability on his part that the immunity relates to, but it is a small part of the bigger picture produced through many acts by him that deprived Tonya of her rights. The papers were served, so no damage there, just the fact we know Arnt was trying to prevent Tonya from being able t serve them to SL.


Bill,
I believe things just kept progressing to a point of no return, not that it was originally Arnt's intention for Tonya to face a lifetime in prison, nor was that the objective of WHY anyone else was involved.

I would except the fact that it became Arnt's goal after he was challenged. Who could do such a thing, challenge the DA's office?!?!

Tonya wouldn't weasel out the easy way and Arnt couldn't just drop the charges.

I believe he (and any others in his office involved at that time) was letting his pride and power take over when the original charges were dropped in order to go for that GJ indictment of 22 counts.

It would be real easy to think of many "consequences" for Tonya or reasons for self gain those involved originally hoped for that is far short of what Tonya could have suffered in the end.

Anonymous said...

I tell you how I'd go after Arnt & Goering, I'd call in an anonymous tip to protective services that they're molesting children. They don't prosecute malicious accusations to them, so I'd get the same immunity they had. Yippee for immunity in false accusations!

Lame said...

1:28, you have a point. What a crock that they have things that are too horrific; as though a grown woman inserting her entire fist into a 5 year old girl's vagina isn't graphic and horrific enough.

Lame said...

Guys, there's something that was discussed at my church today that perfectly describes these accusers.

You remember the parable of the two debtors, and the one who was forgiven a debt but wouldn't forgive the other person? We were discussing that, and the point was raised that when we aren't able to treat other people with compassion then our relationship with God is "messed up." From the way Sandra Lamb, the Henke's, the Wilsons, Deal, House, Arnt, Gregor, Evans, all the rest, from how they treated her, it is painfully obvious that their relationships with God are not in a good state of existence. The one player in this whose relationship with God seems to be in good health is David Craft.

So, as for all those folks such as Sandra Lamb's mom who made the lesbian and whore statement, it appears as though her butt is just wasting pew space, because for someone to say that their relationship with God is virtually non-existent, and unless she wakes up and realizes that saying, "I believe in God" isn't enough to be "saved," the Lord will say to her the same thing that the master in Jesus' parable said to the unforgiving debtor, "Depart from me you wiked servant!"

Anonymous said...

Lame you are so right,all of these people go to church only for show.They are nothing but hollow on the inside.They will never be sorry or feel any form of guilt for what they have done.And they are raising their children to act the very same way.Heaven help us all.

Anonymous said...

In case you all didn't read the Psychology Today on Tonya's case....One of her accusers made a comment at the end of the piece... They went on and on about the poor conduct of bloggers and Tonya's supporters. True this case has drawn a plethera of personality types....But the consensus is, when people have NO connection to the original accusers (or even Tonya herself for that matter)....That people believe Tonya to be innocent...Just based on trial data, etc.... When O.J. was acquited, he couldn't buy his way onto the respectable media outlets Tonya has visited. EVERYONE knew he was a murderer. THAT is why he could find no one to listen to him. The media is lining up to speak with Tonya because their research teams, who have studied the case, have concluded "WITCHHUNT". You little people in Ringgold can't fool the GREAT BIG WORLD!...lol...

Ooltewah mom

Jerri Lynn Ward said...

Bill, I took your advice and watched The Thin Blue Line tonight on Netflix. Then I googled the prosecutor, Douglas Mulder, (who was admonished by the Texas Court of Criminal Appeals for misconduct in this case). Guess what happens in Texas to crooked prosecutors after they leave the D.A.'s office?

They are named Super Lawyer!

http://www.superlawyers.com/pdf/platinum/TXSL09_Mulder.pdf

God's law commands that those who bear false witness are to be given the same sentence as that for the crime for which the victim was prosecuted. That would apply to a prosecutor who suborns perjury and withholds exculpatory evidence. In fact, in Texas up until the early 1900's, perjury was a death penalty offense.

But, don't worry Doug Mulder, you will answer for what you did soon enough when you stand before the Lord, just as Arnt, Gregor and House will.

Lame said...

I've said this here and other places several times, and I'll say it again:

A federal law needs to be passed in which a penalty is created for bringing false accusations of sex-related crimes. If it is proven that the accuser brought false, malicious, misleading, or generally specious charges against someone else, the accuser shall choose one of the two following punnishments:
1) They shall pay one-half (1/2) of their net monthly wages to the accused for the rest of their life, until one of the two persons passes from this plane of existence, or,
2) They shall serve the full sentence, without possibility of probation or early release, that the accused person would have faced were they convicted and sentenced to the maximum on all charges relating to the false accusation(s).

So, in other words, Sandra Lamb would have the choice, pay 50 cents of every dollar she earns to Tonya Craft from the moment she is convicted until either she or Ms Craft dies or spent roughly 200 years in jail, without the possibility of release (in other words, until she dies).

Lame said...

An Anon poster in the previous article's comments mentioned Valerie Carlton's story. If you're reading this anon, do you know of an article, story, anything about her case being dismissed, et cetera? All I've been able to find are initial reports and blog entries on various forums calling her the most vile names under the sun.

It would be great if somehow their cases could be joined in a SCOTUS case. I've had my doubts about Carlton's guilt similar to what I felt about Craft's case back in March--things just didn't jive. But, nothing has been published about the actual facts, only initial, wild accusations.

JD said...

Here it is. I looked into it myself this evening. The charges have been dropped and it is eerily similar to Tonya's case. They actually compare the two. Both cases involved friendships that had ended badly and there was a custody battle going on.

http://thehostagechild.com/

Lame said...

JD, thanks for that link. She really should join in with Tonya Craft to make changes to keep this from happening again. As for the punnishments for her accusers, in this case, they should be charged with murder, or at the very least negligent homicide for what happened to her daughter. Someone needs to be held accountable for that. Dr Anderson, please begin writing about this case too. With Ms Craft's case at least nobody died. With Ms Carlton, a little baby died as a direct result of the false accusations.

KC Sprayberry said...

Lame, I agree that no one died in the TC case, but something much bigger died. Trust. Trust in a legal system finally fled. A mother's trust her children's daddy was only blowing smoke died. A community's trust in their elected officials died. Those are things we can never get back easily if ever. Yes, Valerie Carlton went through much worse, and all in the cause of religious bigotry if you read the whole story carefully, but Tonya's life is now about regaining her children's trust after having to let them hear lies from their daddy. She has to learn to trust her neighbors and friends again. Tonya may never regain the open trust she once had again but like Valerie, she will find justice only if people never forget how that came about.
As for the post about making malicious false reports, part of this is about stopping that. How can we fight to stop something and do it ourselves? Taking the high road here and will probably hear blasts for doing so, but I've experienced the wickedness of false accusations, accusations that weren't even correct in the relationships. That's not the way to go. What needs to happen is take away the right for people to make anonymous reports to children's services or the police regarding these accusations. I know those agencies cover their backsides by claiming they're actually initiating the reports, but that's another lie. The person who made the false report made the report and should be made to pay legally as much as a person who lies to protect a loved one during an investigation. Just my humble opinion.

William L. Anderson said...

This is what the Baltimore media had on her arrest:

http://www.wbaltv.com/news/19640644/detail.html

Notice that, yes, the Ground Zero party was the local Children's Advocacy Center. Gee, why am I not surprised?

You can bet this will make it into my upcoming article in Reason Magazine (which I will be co-authoring with Kerwyn).

kbp said...

Lame,

What would be more beneficial, in my opinion, is for states to eliminate the immunity they give to those which report to the child protective services and somehow apply more pressure to prosecute ALL false reporting.

I'm never one to seek MORE laws, we have too many now. The laws improperly used and enforced in Tonya's case tell me some should be dumped.

A problem with eliminating all the immunity for prosecutors and judges is that every criminal trial could be followed by a civil trial and we'd have to triple the size of the offices handling prosecution to add attorneys to represent them in civil court cases. I do feel the "absolute" is too broad of an immunity for them.

Generally speaking here, cases that make it to SCOTUS are in need of a reason for an appeal. Success in an appeal must show that the law(s) involved were either unconstitutional or were not properly interpreted in how those laws were applied/followed in the case in question.

In Tonya's case there were many such reasons for an appeal if she had been convicted. Her civil case should show how the law (or case law), along with policies and procedures for all entities involved, was not properly followed. I'm not aware of any law(s) they wish to show as being unconstitutional, only how the existing laws were not properly followed.

Any damages awarded for violations imposed upon her should result from conduct that was either intentional or a product from reckless disregard for the laws, policies and/or procedures.

(A big example of reckless disregard that sticks out in my mind was Deal NOT questioning ALL children that were at the 'sleepover' and Arnt's involvement in those decisions. Why would an investigator or prosecutor ever want to know less about such an event?)

Anyway, though the Valerie Carlton case may have many similarities, I'm lost on how they could ever be "joined" together in a SCOTUS case. The only reason I see for either of those cases making it to SCOTUS is if some party involved seeks to appeal the outcome from the lower courts. There is a slim chance that both may have had a problem from immunity given to individuals which filed false reports.

Should both or either prevail in a lawsuit, it might be beneficial for the two to join together in efforts to push the policies and procedures involved in child abuse reporting and investigations, especially on the qualifications of the individuals involved in that process. It gets very complicated in determining what needs to be changed and how to accomplish that in each state.

Who and What determines how a report to the CPS should be handled?

Who and What determines how a child advocacy center should establish their guidelines and procedures?

Who and What determines how a representative for that CAC should handle their duties?

Who and What determines the guidelines for the "forensic interviewer"?

Who and What determines the guidelines for a SANE Nurse?

Who and What determines how an investigation should be conducted?

Who and What determines who may or may not be involved in overseeing the various entities involved here?

Who and What determines how a prosecutor must conduct themselves in this process?

Who and What determines how a judge must conduct themselves in this process?

Then we face the 'Who and What' determines the answers to those questions and how to make sure it is adhered to properly!

I'm sure Kerwyn could answer a few questions (and has filed a few complaints!), and Bill has shown much over the years on some of them, but there is no simple solution.

I've always been surprised we do not read reports of parents shooting authorities that abused the system and laws to take away their children in custody situations worse than what Tonya endured (and her case would be more than I could handle!). I wouldn't approve of it, but a few cases I have read about left me thinking I might not disapprove of it.

Anonymous said...

I'll restate a prediction I made a while back. Either Arndt or Gregor (maybe both) will leave the DA's office and become criminal defense lawyers in a few years. Their talents are better suited for that side.

I will also repeat the fact that a good many defense attorneys are ex-prosecutors. For one thing, there is more money in being a defense attorney. For another, criminal lawyers, whether prosecutors or defense, are part of the same club.

A lot of people join a DA's office out of law school in order to get trial experience. After a few years, they cross to the defense side in order to make more money.

JD said...

Being an accountant I always follow the money trail and I'm wondering if amending the Mondale Act to having monies taken away if in an audit they find have used techniques not allowed based on certain guidelines. The guidelines would be determined by people like Dr. Nancy Aldridge. For example, an organization would have to allow an audit of their interviews every year or two. A couple of certifiers would request (and must receive) certain taped interviews decided by the auditors. These should be ones that have have been used in court. If any one of those interviews have not met all the guidelines like not asking leading questions, injecting information that hasn't been given or using free narrative, then that organization is on probation and loses funding for 3 months. This doesn't stop them from interviewing so the auditors come back after the 3 months and ask for another set of interviews that have been done during that time. If they still have problems then a 6 month probation. If after that they don't comply they no longer get ANY Mondale Act money.

You stop the money flow and you'd be surprised (or might not) how then the interviewers start acting correctly. It's just like if they were to actually prosecute perjury you would stop the perjury because while people might be willing to lie on the witness stand if nothing comes to them, they think twice if they believe someone will come after them.

KC Sprayberry said...

JD, yours is such a simplistic method but the best in this situation. Money is always a powerful motivator. I'm certain Buzz didn't say he was going after child molesters because he loves children. No, there's money there, just as there's money in drug arrests and convictions. Both are huge in prosecutions around here in LMJC. Not a week goes by when there's not an arrest for one or both of those types of criminal actions. So, audit the heck out of those folks and find out if they're following the rules or making arrests and getting convictions, whether through trials or plea deals, and then decide if they should keep the money or have to hang their heads because they no longer have the gravy train funding them. Then let Buzz issue a memo after hours on Friday night complaining about how no one will come forward about these crimes because they know there's no money to prosecute. Maybe they'll actually be a little more picky about what they choose to take to the grand jury and the costs of doing these trials will decrease because malicious rumors won't be turned into circus's.

Anonymous said...

I'll keep this short and sweet GOVERMENT CANT DO ANYTHING BUT MAKE THINGS WORSE, THEY NEVER HAVE AND NEVER WILL GET IT RIGHT! Unless, they go back to the foundation that started this country.

Lame said...

Anon 11:44 stated, "Either Arndt or Gregor (maybe both) will leave the DA's office and become criminal defense lawyers in a few years. Their talents are better suited for that side."

I would say that their talents are best served making little ones out of big ones at a state or federal pen.

Anonymous said...

KC, the statement about making a false allegation against the accusers was intended to be sarcastic irony, not an actual plan of action.

Lame said...

You guys need to read this article:

http://www.articlesaboutmen.com/2010/07/04/5-yr-olds-the-truth-study-into-false-sexual-abuse-stories/


"Depending on the way questions were asked, the children’s total accuracy of recall about a variety of situations at their first set of interviews ranged from 13 per cent to nil."

"What was especially frightening was that errors appeared to evolve over time with repeated interviews and, for many, were first reported when diagrams of body parts were used."

"Interview questions were either closed (“Did he touch you on the . . .”), open (“What happened?”) or a mixture of the two forms of questions. The ones who got it most wrong, the study found, were the children who were asked closed questions."

Let us go back to the interview with R Lamb. Look at the three interviews, and you'll see far more closed questions than open questions. It is no wonder that this has happened. You know, I'm still convinced that R Lamb may have initially started the whole ball rolling on this because she wanted to avoid punnishment over instigating girl-on-girl sexual contact. But, now, I am starting to think that when she did that she had no idea she'd do this kind of dammage; she just didn't want to get punnished. The closed questions that the interviewers asked her are what caused her, not innocent but certainly not malicious shifting of blame, to turn into outright lies. She was manipulated, not from the start, but from very near the start, into creating these lies. The sad thing is that some of these interviewers may not have done this intentionally. That is why MAJOR changes are needed at CAC-type centers in this country, and every person who had their child taken away from them (Tonya Craft, Valerie Carlton, Brad Wade, and sadly, so many others) deserve to hold the wire cutters that castrates every interviwer who led a child into creating false memories & false accusations.

Mary Jane said...

Lame,

What a great article! It is true, EVERYONE should read this article including all the employees at CAC and DA's office of LMJC.

I hope Dr. Rawls keeps up with her good work.

It is interesting that the Children and Young Persons’ Service (CYPS) over there (in New
Zealand) are getting defensive and criticizing this research.

We must accept that children lie for no reasons that adults' minds can rationalize!

Thank you, Lame for finding this article.

eagle1 said...

I just wonder what the folks in Atlanta are doing concerning this case.
The easy way out is to say, "I see no fowl her with the prosecution. The justice system worked. The jury found her NOT Guilty. Why should we investigate, when the system clearly worked? End of story."
Yet I KNOW this is not the answer.
If GA courts are working as the HAG tag team and this is the 'norm', then we have serious problems.
Surely some of the officials will be brave enough to step up and note the problems. This is the ONLY way to make improvements.
Either the laws are flawed from the very origins of this matter, OR some means of reprimand needs to happen.
However you feel about this story about Tonya, the system screwed up royally.
All the parents that instigated the interviews should be held financially responsible.
So far we have just NOT seen enough change taking place. I know some have quit their job, and this is good.
Arnt was probably the 11:44 anon who opened the door to explain he was about to leave.
Mr Arnt,
This will help, but you know way more serious change is needed.
Please take ALL your buddies with you and open your own private practice. I wish you well.

Mary Jane said...

I particularly want people like Miriam Boyd to read the article. She publicly kept saying, "Children just don't make up these (sexual) stories", but she was wrong. Yes, Children do make up even sexual stories.

In all fairness to Miriam Boyd, I must add that her way of thinking is not uncommon at all, as the regular posters here know so well, and that is one of the reasons why false charges are constantly made against innocent people and in many cases the jurors are convinced of the defendants' guilt, because they "believe" the children. Besides, maybe, Mrs. Boyd was just being a loyal friend to Sandra Lamb. That being said, I was always disturbed by the authoritative way Mrs. Boyd was speaking when she made her statement that "Children just don't make up these (sexual) stories." When I first saw her on T.V., I thought she was either a layer or a child psychologist based on the authoritative and camera savvy manner in which she was speaking. I wonder what she is by profession and what credentials she has on the subject.

In any case I sincerely hope that Dr. Rawls' work becomes a common knowledge so that no more false charges are made against innocent people like Tonya Craft or Brad Wade.

Mary Jane said...

Correction: "layer" should be "lawyer".

kbp said...

Lame,

That was an interesting article on the research by psychologist Jane Rawls (who received her doctorate at the University of Kansas!!).

I had no luck finding a copy of the actual research paper, but the search for it revealed a much worse problem across the pond.

As with most trends we experience here in the USA, the problem with the governing body dictating how a child is to be raised, and who controls the culture to be taught, has progressed with a greater hysteria in the region of the world we seem to replicate often - the socialistic trends of Europe.

Anonymous said...

Mrs. Boyd is a stay at home mother. No credentials on this subject.

maria said...

Who is in the grand jury in catoosa county and how often do they meet to indict people?

Anonymous said...

The grand jury is comprised of citizens and they are chosen much like a petit (trial) jury. The Tonya Craft case is the poster child for reforming the grand jury system. Grand jury was intended to be a citizen barrier between the government and its citizens. Now it is just a rubber stamp for prosecutors. Clue Number One: The grand jury is conducted in secret. How many governmental functions do you trust to be conducted in secret? Clue Number Two: Only the prosecutor is allowed. Need I say more? If the grand jury system is reformed properly, it will FORCE all the other pieces into place, the intake, the investigation, the interviews, etc. so that lives are not ruined. Lives are already ruined by trial, it is the indictment that is the ruination of an individual.

Anonymous said...

Miriam graduated from UGA in '88funny enough her degree is in education.If she ever taught it was only a couple of years.She tutors at the childrens home.You would think she would have a little more common sense.

tplas said...
This comment has been removed by the author.
tplas said...

The grand jury is not to be blamed for this case going to trial. They sent the case based on the information they received from the prosecutors.

dmk said...

Lame, Very interesting article and just confirms what I already believed from a common sense standpoint - that surprise, surprise, a small child is not a reliable source for any piece of information, even in the best of circumstances. Throw in some poor interviewing, and not reliable becomes totally unreliable and basically just random.

And it continues.......A couple of weeks ago I read this about the arrest of a man here in the LMJC for molesting a four year old along with the arrest of his wife (the mother) for attempting to influence a witness.

http://thesummervillenews.com/index.php?option=com_content&task=view&id=3327&Itemid=2

I don't know exactly what Deputy Kandy Dodd's credentials to be conducting these interviews are, but if you think Catoosa Co "justice" is way behind the times, come on down to Chattooga County and see what still dwelling in the Dark Ages is all about. I would almost bet her formal training, if any, is along the lines of "I went to a seminar in Huntsville for a few days" variety. Note also that Dodd had conducted "a couple of interviews" before the child was taken somewhere else for a forensic interview, so you can guess what that went like, tainted on top of tainted.

Maybe they are guilty as charged, maybe not, but the truly sad thing here in the LMJC is we will never know. I have no idea who the alleged are, but their ages together with not being a "big name" locally almost guarantees they won't have the resources to be bringing D-Lo and crew back to the LMJC, with a change of venue to Summerville this time around.

I have a child and I love her with all of my heart and soul and would do anything to keep her from harm, but this "all for the kids" mentality is just totally out of control. When confronted by authority figures, a FOUR YEAR OLD child is presenting conflicting stories, and to these experts the one that has been repeated the most times evidently means it must be true. I'll say it again, A FOUR YEAR OLD!!!!!!

Anonymous said...

No, the individuals making up the grand jury are certainly not to blame. They decide purely on the information that the prosecutors present to them. However, the grand jury SYSTEM needs to be reformed because it is a playground for abuse by prosecutors. It was intended as a buffer between the government and its citizens. This is over-simplification but King George could bring charges against whomever he chose, often because they were political enemies. If you can charge someone with a crime, you can bring them to trial. That is a dangerous power. A grand jury made up of citizens interposed between the government and a target of an investigation was supposed to prevent this abuse of power. Instead, the grand jury is just another government puppet.

Anonymous said...

dmk I do not know if the charges are true or not.Chattooga is a rough county.Yeas ago I had a friend who taught there,it was very sad to hear about the true victims being harmed by the parents.She told me so many true stories about child abuse that she saw with her own eyes.One day one of the teachers reported abuse,the day the mother got out on bond she jumped the teacher in the parking lot & beat her up severely.Any time our school goes there for a game parents keep a close eye,even with our teenagers.I know not everyone in the county is white trash but it is crazy how many are & do miss treat the children.I know several families who live there & send their children to other schools because of things like that.

Lame said...

DMK, thatnks for that article. I noticed the "couple of interviews" too, and that is clearly in breach of protocal. It is supposed to be one interview, conducted thoroughly and sensitively, and done. The protocal says that there should be as few interviews as possible. They have already done three on this girl. The damage is already done. Way to go! This is exactly the kind of crap Tonya Craft is now fighting to stop. Speaking of children lieing about sexual molestation, once it gets out to kids that they can get back at parent or pretty much blackmale theme into never spanking them, this is going to really affect parenting rights.

Anonymous said...

Anon@3:18 Yes, Chattooga is a rough place, and in many ways (but not all) deserves its reputation. I'm not native but have been here a long time now. There are some good people here and it could be a great place to live, but it continues to go downhill fast as people who could start to bring about change flee as soon as they can, and the county then sinks lower into poverty, etc. I can't blame those people leaving for greener pastures and somewhere not so oppressively backwards in it's thinking, as I plan to do the same thing eventually.

It is no crime in my book to start out your adult life ignorant because of the circumstances life dealt you. But in this day and age to continue to not only be that way, but to actually seem to be proud of it, and then pass it onto the next generation, I cannot accept and find unforgivable. There is way too much of that disgusting attitude in this county, and it manifests itself in many ways, including the abuse that I agree truly does happen here and way too frequently. That's the problem with the whole Tonya fiasco, despite what that cowardly waste of good air incompetent idiot Buzz Franklin wants us to believe from his press release. The LMJC's actions are going to make it harder to address real problems that truly do exist, and must be be dealt with when substantiated. In my book, it's the boy who cried wolf scenario - any time I hear or read of an allegation, there's going to be some serious doubt to overcome before I even begin to consider it might be true.

The scary thing is I have worked with governments and people in all the LMJC counties and Catoosa in my opinion is by far the least backwards, so for what happened to Tonya to happen there, I can only imagine what it would have been like had it happened here. Before the truth started to come out, she probably would have been lucky to not have a literal lynch mob show up on her doorstep while law enforcement all managed to somehow be on the other side of the county right at that moment.

Anonymous said...

"Speaking of children lieing about sexual molestation, once it gets out to kids that they can get back at parent or pretty much blackmale theme into never spanking them, this is going to really affect parenting rights."

It's done often. I have made a practice of studying this here in the US and in the UK.

These kids do use CPS as a club and often allege abuse at the urging of another teen. Little do they know the nightmare that they thrust themselves and their families into.

Reader from NYC

Lame said...

It's kind of like drugs, you hear from others how you can make your problems disappear if you just "use the stuff" (make an accusation). Then, after it's used, the nightmare begins.

Perhaps we need Nancy Reagen to go on TV and say, "Just say no to false child molestation accusations."

KC Sprayberry said...

There was mention of the grand jury and how they could bring back a true bill on these cases. I remember back during the trial, when someone posted how they were on a grand jury. It was back when Buzz first took over the DA's office and Arnt wasn't happy when the GJ refused to indict because they felt the evidence just wasn't there. He then reconvened them and basically told them they had to indict or spend time in jail for contempt or something like that. Not sure all the facts are right but the gist is there. That may not have seemed important at the time but it really was. Tonya's case never had a chance of not happening, just like Brad Wade's or anyone else caught up in this madness. According to what I've heard from everyone, only the prosecution in GA has access to a grand jury. The other states I've lived in allow the defense present other evidence to a grand jury, in an effort to forestall an indictment, so not sure if this is truly the case of just a situation of these prosecutors flexing their insignificant muscles to control the trial process even more. What I do know is that these men (Arnt, Gregor, and Franklin) have already spent years circumventing the law by bullying grand juries. If they did it once, successfully, they have probably done it other times but those citizens are too afraid to come forward. I can only hope, when this whole thing blows up, everyone caught in the mess created by these out of control prosecutors comes forward to testify at their disbarment hearings. It's really the only way to force change in this area.