In Fairness, a Hearing

Peggy McMartin Buckey, accused of child molestation in the McMartin School case in Manhattan Beach, has been in jail for 20 months awaiting trial. Although most of the charges against her have been dropped, she is being held without bail on one count of molestation in a grand jury indictment and on $1-million bail in 11 similar counts in a criminal complaint that is the subject of a lengthy preliminary hearing. Municipal Judge Aviva K. Bobb says that the denial of bail and the high bail are appropriate, presumably because she believes that there is clear and convincing evidence that Buckey, 58, would perform great bodily harm on other persons if she were released.

Five other defendants in the McMartin case have been free on bail since June, 1984. Several of them faced many more charges than Buckey. Only Buckey’s son, Ray, who faces about 90 counts and is the chief defendant in the case, is also still behind bars.

Bobb’s belief that Buckey poses a physical threat to others is based on the still-unverified assertions that she participated in the slaughter of animals and that she and other defendants threatened to kill the accusing children and their parents. Buckey has had no opportunity to challenge this hearsay evidence. Fairness requires that she be given a hearing on a new bid for bail during which she would at least have a chance to examine--and, if she can, refute--the allegations against her.