McMartin Case: ‘Begging for Answers’

I believe that a survey of child molestation trials would reveal a low conviction rate. I also feel that attorneys representing defendants in such cases know they can gain acquittals in more cases than not because of the nature of the case.

Children are poor witnesses. And 99% of the evidence in such cases relies upon the testimony of children often as young as 4 or 5. And if the events alleged are more than a year or two old, the chances of clear recollections are very small indeed.

If I were a trial lawyer--and I wanted a huge success rate--I’d specialize in child abuse cases.

First, I’d delay as much as possible putting my client’s at the advantage of time. Secondly, I’d be able to show how unreliable the testimony of most children tends to be. Finally, I’d let most of the plaintiffs give up in disgust, frustration, and anger and even fail to appear.

The truth is that in this type of crime the victim has far less chance at seeing justice done than in almost any other, including rape.

So it was little surprise that Dist. Atty. Reiner dropped five of the defendants from the trial aspect of the McMartin case. He saw a waste of time, perhaps millions of taxpayers dollars, and the good chance the five would not be convicted anyway.

The whole irony now is that we can expect a rash of lawsuits from these five against anyone connected to this prosecution.

It’s a sad case of no win--regardless of what is done. The victims need comfort, counseling, and support to move forward from this experience--both from the alleged crimes and the snail-like movement of the criminal justice system.

SOL TAYLOR

Orange