McMartin preschool trial
The McMartin preschool trial was a day care sexual abuse case in the 1980s, prosecuted by the Los Angeles District Attorney, Ira Reiner. Members of the McMartin family, who operated a preschool in Manhattan Beach, California, were charged with hundreds of acts of sexual abuse of children in their care. Accusations were made in 1983, with arrests and the pretrial investigation taking place from 1984 to 1987, and trials running from 1987 to 1990. The case lasted seven years but resulted in no convictions, and all charges were dropped in 1990. By the case's end, it had become the longest and most expensive series of criminal trials in American history.
Initial allegations
In 1983, Judy Johnson, mother of one of the preschool's young students, reported to the police that her son had been sodomized by her estranged husband and also by McMartin teacher Ray Buckey. Buckey was the grandson of school founder Virginia McMartin and son of administrator Peggy McMartin Buckey. Johnson's belief that her son had been abused began when her son had painful bowel movements. What happened next is still disputed. Some sources state that at that time, Johnson's son denied her suggestion that his preschool teachers had molested him, whereas others say he confirmed the abuse.Johnson also made several more accusations, including that people at the daycare had sexual encounters with animals, that "Peggy drilled a child under the arms", and "Ray flew in the air." Buckey was questioned, but was not prosecuted due to lack of evidence. The police then sent a form letter to about 200 parents of students at the McMartin school, stating that their children might have been abused and asking the parents to question their children. The text of the letter read:
September 8, 1983
Dear Parent:
This Department is conducting a criminal investigation involving child molestation Ray Buckey, an employee of Virginia McMartin's Pre-School, was arrested September 7, 1983 by this Department.
The following procedure is obviously an unpleasant one, but to protect the rights of your children as well as the rights of the accused, this inquiry is necessary for a complete investigation.
Records indicate that your child has been or is currently a student at the pre-school. We are asking your assistance in this continuing investigation. Please question your child to see if he or she has been a witness to any crime or if he or she has been a victim. Our investigation indicates that possible criminal acts include: oral sex, fondling of genitals, buttock or chest area, and sodomy, possibly committed under the pretense of "taking the child's temperature." Also photos may have been taken of children without their clothing. Any information from your child regarding having ever observed Ray Buckey to leave a classroom alone with a child during any nap period, or if they have ever observed Ray Buckey tie up a child, is important.
Please complete the enclosed information form and return it to this Department in the enclosed stamped return envelope as soon as possible. We will contact you if circumstances dictate same.
We ask you to please keep this investigation strictly confidential because of the nature of the charges and the highly emotional effect it could have on our community. Please do not discuss this investigation with anyone outside your immediate family. Do not contact or discuss the investigation with Raymond Buckey, any member of the accused defendant's family, or employees connected with the McMartin Pre-School.
THERE IS NO EVIDENCE TO INDICATED THAT THE MANAGEMENT OF VIRGINIA MCMARTIN'S PRE-SCHOOL HAD ANY KNOWLEDGE OF THIS SITUATION AND NO DETRIMENTAL INFORMATION CONCERNING THE OPERATION OF THE SCHOOL HAS BEEN DISCOVERED DURING THIS INVESTIGATION. ALSO, NO OTHER EMPLOYEE IN THE SCHOOL IS UNDER INVESTIGATION FOR ANY CRIMINAL ACT.
Johnson was diagnosed with and hospitalized for acute paranoid schizophrenia and, in 1986, was found dead in her home from complications of chronic alcoholism before the preliminary hearing concluded.
Interviewing and examining the children
Several hundred children were then interviewed by the Children's Institute International, a Los Angeles-based abuse therapy clinic run by Kee MacFarlane. The defense alleged that the interviewing techniques used during investigations of the allegations were highly suggestive and invited children to pretend or speculate about supposed events. By spring of 1984, it was claimed that 360 children had been abused. Astrid Heppenstall Heger performed medical examinations and took photos of what she believed to be minute scarring, which she stated was caused by anal penetration. Journalist John Earl believed that her findings were based on unsubstantiated medical histories. Later research demonstrated that the methods of questioning used on the children were extremely suggestive, leading to false accusations. Others believe that the questioning itself may have led to false memory syndrome among the children questioned. Only 41 of the original 360 children ultimately testified in the grand jury and pretrial hearings, and fewer than a dozen testified at the actual trials.Michael P. Maloney, a clinical psychologist and professor of psychiatry, reviewed videotapes of the children's interviews. Maloney, testifying as an expert witness on interviewing children, was highly critical of the techniques used, referring to them as improper, coercive, directive, problematic and adult-directed in a way that forced the children to follow a rigid script. He concluded that "many of the kids' statements in the interviews were generated by the examiner." Transcripts and recordings of the interviews contained far more speech from adults than children and demonstrated that, despite the highly coercive interviewing techniques used, initially the children were resistant to interviewers' attempts to elicit disclosures. The recordings of the interviews were instrumental in the jury's refusal to convict, by demonstrating how children could be coerced to giving vivid and dramatic testimonies without having experienced actual abuse. The techniques used were shown to be contrary to the existing guidelines in California for the investigation of cases involving children and child witnesses.
Allegations
Some of the accusations were described as "bizarre", overlapping with accusations that mirrored the emerging satanic ritual abuse panic. It was alleged that, in addition to having been sexually abused, the children saw witches fly, traveled in a hot-air balloon, and were taken through underground tunnels. When shown a series of photographs by Danny Davis, one child identified actor Chuck Norris as one of the abusers.Some of the abuse was alleged to have occurred in secret tunnels beneath the school. Several excavations turned up evidence of old buildings on the site and other debris from before the school was built, but no evidence of any secret chambers or tunnels was found. There were claims of orgies at car washes and airports, and of children being flushed down toilets to secret rooms where they would be abused, then cleaned up and presented back to their parents. Some child interviewees talked of a game called "naked movie star" and suggested they were forcibly photographed nude. During trial testimony, some children stated that the "naked movie star" game was actually a rhyming taunt used to tease other children—"What you say is what you are, you're a naked movie star"—and had nothing to do with having naked pictures taken.
Judy Johnson, who made the initial allegations, made bizarre and impossible statements about Raymond Buckey, including that he could fly. Though the prosecution asserted Johnson's mental illness was caused by the events of the trial, Johnson had admitted to them that she was mentally ill beforehand. Evidence of Johnson's mental illness was withheld from the defense for three years and, when provided, was in the form of sanitized reports that excluded Johnson's statements, at the order of the prosecution. One of the original prosecutors, Glenn Stevens, left the case in protest and stated that other prosecutors had withheld evidence from the defense, including the information that Johnson's son did not actually identify Ray Buckey in a series of photographs. Stevens also accused Robert Philibosian, the deputy district attorney on the case, of lying and withholding evidence from the court and defense lawyers in order to keep the Buckeys in jail and prevent access to exonerating evidence.
Trials
Two trials were conducted for the McMartin preschool case. The first lasted from July 13, 1987, to January 18, 1990, while the second lasted from May 7, 1990, to July 27, 1990.Arrests and preliminary hearing
On March 22, 1984, Virginia McMartin, her daughter Peggy McMartin Buckey, her grandchildren Ray and Peggy Ann Buckey, and teachers Mary Ann Jackson, Betty Raidor, and Babette Spitler were charged with 115 counts of child abuse, later expanded to 321 counts of child abuse involving 48 children.In the 20 months of preliminary hearings, the prosecution, led by attorney Lael Rubin, presented their theory of sexual abuse. The children's testimony during the preliminary hearings was inconsistent. Michelle Smith and Lawrence Pazder, co-authors of the now-discredited Satanic ritual abuse autobiography Michelle Remembers, met with the parents and children involved in the case, and were believed by the initial prosecutor Glenn Stevens to have influenced the children's testimony.
In 1986, a new district attorney, Ira Reiner, called the evidence "incredibly weak" and dropped all charges against Virginia McMartin, Peggy Ann Buckey, Jackson, Raidor and Spitler. Peggy McMartin Buckey and Ray Buckey remained in custody awaiting trial; Peggy McMartin Buckey's bail had been set at $1 million and Ray Buckey had been denied bail.