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- <text id=90TT2056>
- <title>
- Aug. 06, 1990: The Longest Mistrial
- </title>
- <history>
- TIME--The Weekly Newsmagazine--1990
- Aug. 06, 1990 Just Who Is David Souter?
- </history>
- <article>
- <source>Time Magazine</source>
- <hdr>
- NATION, Page 28
- The Longest Mistrial
- </hdr>
- <body>
- <p>The McMartin Pre-School case ends at last
- </p>
- <p> Some horror stories are chilling because they might be true.
- The horror stories in the McMartin Pre-School trial are
- chilling for a different reason: despite seven years of
- investigations and trials, it may never be known whether they
- are true or false. In a Los Angeles courtroom last week, the
- jury in the child-molestation trial of Raymond Buckey, 32, a
- former teacher at the Manhattan Beach, Calif., preschool,
- declared itself deadlocked. With that, the state decided to drop
- the charges. Said prosecutor Joseph Martinez: "How long can
- you keep this up?"
- </p>
- <p> Outside the courtroom, Buckey embraced his father with tears
- in his eyes and said, "It's all over." It was the second
- mistrial for Buckey, whose mother, Peggy McMartin Buckey, had
- been acquitted of similar charges in January after the longest
- trial in U.S. history. That jury had been unable to reach a
- decision on all the counts against Raymond. Prosecutors then
- made their second attempt to convict him, this time on charges
- of molesting three of the children, girls who are now ages 11
- to 13. Buckey spent five years in prison awaiting his day in
- court. The bill to taxpayers for the disastrous case: $13.5
- million.
- </p>
- <p> During 15 days of deliberation, the jury had leaned toward
- acquittal on seven of the eight counts against Buckey. It was
- split evenly on the last one. "We got more hung [rather] than
- less hung," said jury foreman Richard Dunham. Most of the
- jurors said they believed some of the children had been
- molested, but from the evidence presented they could not tell
- who had done it. "There were too many gaping holes, and too
- much time had passed," said juror Michael Carapella. Jurors
- also expressed doubts about videotaped interviews used as
- evidence in which therapists and social workers encouraged the
- children to tell stories of Satanism, animal torture and sodomy
- at the school. "They kept asking questions and leading them
- until they got what they wanted to hear," said juror Lloyd
- Isaacson.
- </p>
- <p> The case began in 1983 when the mother of one of the
- children wrote police a letter accusing Buckey of sexually
- molesting her 2 1/2-year-old son. Not long after, police set
- off a panic among parents by sending letters to 200 of them
- stating that authorities were investigating charges of sodomy
- at the preschool. After videotaped interviews were conducted
- with 400 children, investigators decided that 369 had been
- abused. Later, the mother whose claims had initiated the case
- complained to prosecutors that someone had sodomized her dog
- and that her estranged husband and an AWOL Marine were also
- abusing her son. In 1985 she was found to be an acute paranoid
- schizophrenic.
- </p>
- <p> The case has caused many to take a second look at the
- methods for investigating allegations of child abuse. It
- spurred a national debate about appropriate methods for
- eliciting testimony from children. It has left many of the
- children and their parents bitter. And it put Ray Buckey in
- jail for five years without a conviction. "I don't think
- anybody won in the McMartin case," Buckey says now. But quite
- a few people lost.
- </p>
- <p>By Richard Lacayo. Reported by Sylvester Monroe/Los Angeles.
- </p>
-
- </body>
- </article>
- </text>
-
-