Janet Reno: The Worst Attorney General in the Past 50 Years

“So, the jury listened to all evidence, hears all the experts. You know the verdict is coming.
They announced they had reached a verdict. Then we had to wait several hours for Janet Reno to get there before the judge would let us hear the verdict.
Why did she want to be there?
Again, you’d have to ask her….”

You have no idea of how hard it is for me to continue to insist that the statement in the title of this page is, in the face of the successive abuses of John Ashcroft and Alberto Gonzalez, both of whom have argued that it is or should be legal to arrest and hold people with no charges or evidence, or to torture people, or kidnap them, or imprison them for an indefinite period of time.

Reno didn’t argue that it was legal to abuse people– she just did it. She decided that several innocent people were guilty and should be punished and abused. She was responsible for Waco, which is why she was also responsible in some measure for Oklahoma. So there it is and I stand by it. So the four worst attorney-generals in the history of the United States are: Janet Reno, John Mitchell, John Ashcroft, and Alberto Gonzalez. These are your highest ranking law-enforcement officers, America!

I have nothing new to say about Janet Reno. Here’s what I already said. I just think it’s important that time does not heal this wound: Janet Reno’s breath-taking, vicious incompetence should be broadcast as widely as possible, at least until Frank Fuster is released from jail.

In a nutshell, Frank Fuster was convicted during the hysterical 80’s rash of Satanic Ritual Abuse Cases which, to most sensible people, has now been as thoroughly discredited as the Salem witch trials.

Prosecutors believed that the the children, who almost always initially denied that abuse had taken place, were lying, and had to be “compelled” to give accurate testimony, through hours and hours and hours of interrogation, if necessary. Ileana Fuster, Frank’s wife, was mercilessly bullied, threatened, and frightened into testifying against her husband.

Prosecutors actually threatened to separate her from her children if she did not confess and implicate her husband in the abuse.

This strategy was approved by Janet Reno.

(It is remarkably possible that the prosecutors honestly thought that Frank was guilty. I don’t think that excuses the absolutely militant stupidity with which they proceeded. I say militant stupidity– there’s no other excuse for it.

Behold the intensity of their ignorance and tremble: anyone could be the next victim of their inquisitorial passion.)

The children, under these conditions, would frequently make numerous accusations, often including preposterous incidents like the perpetrator taking the children up in a helicopter and dropping them into a shark-infested pool. The prosecution would rarely– if ever– supply an actual criminal event: a date and time and location– because, of course, they couldn’t. In fact, in several cases, they couldn’t even demonstrate that there was a time and place where the defendant was alone with this victims.

The prosecution would also ignore the more ridiculous charges and bring only the reasonably creditable ones to court, though, in some of the later cases, they were compelled to present all of the testimony, including the fantastical elements. They would then argue that the fantastical elements were child-speak for abuse they could barely comprehend: something must have happened.

Nothing I have ever read about or encountered has done more to depress my view of humanity than these cases.

Not only did prosecutors and judges make utterly inane and reprehensibly stupid judgments about facts, they admitted into court numerous so-called “expert witnesses” who all asserted that Satanic Ritual Abuse was rampant in the United States, that denial of abuse is a symptom of it, that up is down and down is up, and that Alice really did run down the rabbit-hole. Almost without exception, none of these witnesses ever offered any empirical evidence in support of their contentions, either about the prevalence of child-abuse, or of how young children react to abuse. To a large extent, the convictions became the proof that there had to be more convictions.

The Mad Hatter’s best guest at this tea party was the guest who confessed, under horrendous pressures in a plea-bargain arrangement, because that proved that the guest was mad because who else but a mad guest would confess?

Many of the convicted have been released after appeals or retrials.

Frank Fuster is still in jail.

*

After reading more about the case, I became interested in the question that goes to the heart of the entire scandalous series of prosecutions that became known as the Satanic Ritual Abuse cases. At all of these cases, so-called experts testified that though almost all of the children initially denied abuse, and though virtually no external evidence could be adduced (not even as to time and place or opportunity), the prosecutions believed that children almost always deny abuse at first, then disclose, then recant, and so on. This explains why the children initially denied abuse, they assert.

They told the court, we are experts. We have truth. We are reliable.

Nobody seemed able to come to grips with this ephemeral truth. How did they know that abused children rarely disclose when questioned? Well, they would trot out numbers– hundreds of abused children, that we have interviewed…. We know.

But experts for the defense examined the actual research and found that only about 5-8% of abuse victims do not disclose. Isn’t that amazing? That’s quite a discrepancy.

In turns out that the prosecution experts were somewhat cavalier with the data. They didn’t distinguish between validated cases of abuse and cases that they had decided for themselves were valid but may never have been prosecuted. That is a much bigger tea bag.

In an other large study, in which the perpetrator is known to have threatened the children if they disclosed, 66% still disclosed!

Anyway, at least one of Janet Reno’s victims is still in prison. I believe we must never forget to remind Janet Reno that she was the worst attorney-general in the history of the United States.


How to get to wrong: “BT” was one of the alleged victims. Here’s how Prosecutors got her to incriminate the Fusters.

In their first interview with BT, the Bragas repeatedly question the child about a secret game she played with the Fusters, a game BT has never mentioned. When the Bragas ask BT to tell them what the secret game is, BT answers, “I think we played grocery store.” (9/13/85, 54) Joseph Braga, evidencing clear bias, responds, “Grocery store. That is not the secret game. . .” (Id. 54-55) The Bragas continue to ask BT what the secret game is, using anatomical dolls and pretending to be Mr. Fuster asking the question. Then, getting no response from BT that fits their preconceived belief of what happened at the Fuster house, Joseph Braga introduces an idea never mentioned previously by BT. “Do you remember, though, do you remember the baby-sitter sometimes would play games without clothes on? Would she take her clothes off and play some of the games we play without clothes?” (Id. 55) Despite BT’s continued insistence that she knows of no secret game, this theme of questioning was continued through the course of the interview, with both the Bragas and BT’s father alternately insisting that secret games were played and that BT is not being cooperative; suggesting that BT knows about a secret game called the “pee pee” game; and that BT is withholding information because, perhaps like the other children, she is afraid to tell because Frank and Iliana had told the children not to tell. See, e.g. 9/13/85, 62, 63, 66, 68, 73, 74-75, 78, 99 (L. Braga by this time, tells BT that she does not have to talk about what happened to her; she can just tell about what happened to the other children. Again, the implicit bias that something happened to the other children. Id, 99) BT never makes any allegation of abuse during this interview. Laurie Braga concludes the interview, telling BT’s parents that BT is in denial, (Id., 110), another clear showing of bias. From Frontline.

Think about that. If BT had disclosed abuse– under enormous pressure by the Bragas to disclose something, anything salacious: she is finally telling the truth. If she doesn’t– it’s because she is denial. In other words, once the Bragas were involved, there was only one possible outcome of the investigation.


How the inquisitor gets the heretics: “Braga” is a self-styled expert on child abuse who interviewed children on behalf of the Dade County District Attorney’s office. “Leslie” is a made-up name for the alleged victim, a six-year-old girl.

Braga: Yeah; and did you know that grownups are not supposed to touch children’s private places?
Leslie: (Nodding head.)

Uh huh. Do you have a young child? Have you ever given your child a bath?

Was anyone ever executed for a murder he did not commit, in the United States?

“Shandra Whitehead, 8, raped and beaten, died in May 1985. Frank Lee Smith given the death penalty in 1986. Smith was posthumously exonerated through DNA testing, which linked the murder to Mosley.”

Update 2022: we now know that dozens or more innocent men and women have been executed.

Damien Echols

Unless his appeal to the Supreme Court succeeds, Damien Echols is going to die some time in the next year or two. He was charged with the murder of three little boys in the town of West Memphis, Arkansas. After a trial in which no conclusive physical evidence was presented, he was convicted and sentenced to death by lethal injection.

I think most people, even if they occasionally become aware of some negligence or corruption involving the police, generally believe that justice gets done and that bad guys get caught and life goes on. Give a thought, if you will, to Damien Echols, and to Guy Paul Morin, and David Milgaard, and Donald Marshall.

The most disturbing thing about the Guy Paul Morin case to me was not that the police made a mistake. (If you believe the police themselves, 99% of the time they are faultless.) It is the fact that the methodology used in handling the evidence was designed not to investigate the crime and identify a suspect, but to make a case against a suspect they had already decided was guilty. And they decided he was guilty because, well, he was a little weird. He was single and lived with his parents. He liked to play the recorder. And with the public very upset about the rape and murder of little Christine Jessop, there was a lot of pressure on the police to make good their mandate as protectors of the weak. Maybe they really believed Morin did it. Maybe they were happy to have a reasonably believable case. Maybe they were just plain incompetent. The bottom line is, the evidence against Morin was never very good but the police and the crown attorneys decided to pursue the case against him anyway.

If you look closely at the Donald Marshall and David Milgaard cases as well, the similarities are striking: shady informants, suppressed evidence, and intimidated or bribed witnesses. In each case, the police decided first who the suspect was. Then they seemed to see their task as that of playing a game, moving the correct pieces along a board until they had achieved the desired result, a conviction, without any regard for the truth. Along the way, they consciously discarded any evidence which might have implicated other suspects.

The pattern is repeated in the Damien Echols case in Arkansas, except the circumstances are far more egregious than they were in any of the three recent Canadian wrongful convictions.

On May 6, 1993, the bodies of three eight-year-old boys (Steven Branch, Christopher Byers, and Michael Moore) were found in a creek in Robin Hood Hills near West Memphis, Arkansas. The police investigated of course, but couldn’t identify a suspect. In fact, it appears likely that they let the man slip right through their fingers, when an officer was called to a local restaurant after a man covered in dirt and blood entered the woman’s washroom. The officer refused to go in and the man left. Blood samples taken the next day were conveniently misplaced by the time the trial rolled around.

With no other likely suspects at hand, the police turned the focus of the investigation onto Damien Echols, a local teenager who was known to be “different”, by local fundamentalist Christian standards. Damien wore his hair long, dressed in black, listened to heavy metal bands like Metallica, and talked weird. The cops were familiar with him and didn’t like him. And some of the cops, fresh from a workshop led by a hopelessly inadequately trained “psychologist” on satanic cults, became convinced that Damien was their man.

I won’t go into all the details of the pathetically incompetent investigation, the politics, the leaks to the press, the intimidation, the bloodlust of the citizens. The details are available on the Internet at www.gothamcity.com/paradiselost.

Better yet, there is a riveting documentary on the case called Paradise Lost. Suffice it to say that the police had their suspect…. but no evidence. This might prove to be an obstacle to the average citizen, but the West Memphis Police were nothing if not resourceful. They pressed forward with the case anyway. Jurors aren’t necessarily bright, and the defense lawyers in town are even dumber than we are. What if we just make the guy look like some kind of weirdo Satan worshipper? Then we won’t need any evidence:

The judge took one look at the prosecution’s hopelessly inadequate “case” and tossed it out right? In America, you can’t convict someone of a crime without proof, right? Yeah, right. Maybe in a Disney film. The police tried to pressure Damien into a confession, but he was too smart for them. Well, how about Jessie Misskelley, a boy distantly acquainted with Damien, and very susceptible because, after all, he had the mental age of a five-year-old. It only took eight hours of relentless intimidation to get Jessie to sign away all his rights and make a “confession”. Never mind that the confession was incorrect about all the important details of the crime, and never mind that, as a developmentally delayed youth, his constitutional rights were ignored. The confession implicated Damien and Jason Baldwin and the two were arrested. And once Jessie realized that he was not going to be freed in exchange for his “help”, as promised, he immediately recanted his confession and denied any involvement. And never mind that he was placed by witnesses 30 miles away from the crime scene at the time the murders were committed… well, you get the idea.

The odd thing is that the dubious confession wasn’t even admitted into evidence at the trial of Damien and Jason. And without the confession, there was virtually no evidence at all. No motive. No weapon. The police couldn’t even demonstrate that they knew where the crime had taken place. The prosecution merely characterized Damien as a member of a Satanic cult (he was actually interested in Wiccan, not Satanism) and let slip that Jessie Misskelley had confessed and been convicted for the crime as Damien’s accessory… and the jury, which surely barely exceeded Jessie’s capacity for reasoning, convicted him. Even more preposterously, Jason Baldwin was convicted, apparently for the simple reason that he was a friend of Damien’s.

Damien was sentenced to death by lethal injection, Jason to life imprisonment. It is only through the good fortune of having HBO present with their cameras that their predicament got any attention at all. Even so, the appeal to the Arkansas Supreme Court (howdy y’all) failed, and Echols’ only hope right now is an appeal to the U.S. Supreme Court, loaded with all those tough-on-crime justices that Reagan and Bush have been appointing for the past fifteen years.

It is hard to have any faith in humanity after becoming acquainted with all the facts of this case. But, hey, let me really add to your cynicism:

  • Mark Gardner, a fellow death-row inmate at Arkansas State Prison, has confessed to repeatedly raping and beating Damien Echols.
  • Damien Echols’ parents separated after the guilty verdict. In the fall of 1993, two men argued over Echols’ mother, Pam, while his father watched. One man shot the other dead.
  • Mr. Misskelley, Jessie’s father, inadvertently destroyed his house trailer while trying to move it in the summer of 1995. Later he accidentally set fire to himself and was burned over 75% of this body.

The families of the victims did not fare much better.

  • Melissa and John Mark Byers were arrested for burglary.
  • John Byers, who admitted beating his son with his belt the day of the murders, was charged by a neighbor with whipping their five-year-old boy with a fly-swatter and firing shots at their house.
  • Mrs. Byers was later charged with assaulting a pair of carpet installers after threatening them with a shotgun.
  • In March 1996, Mrs. Byers died under suspicious circumstances. It took more than six months for a toxicological analysis to be completed: it showed significant levels of an illicit drug was in her system at the time of death. Mr. Byers moved away, complaining about how weird his neighbors were.
  • Diane Moore ran over and killed a 26-year-old woman and was charged with vehicular manslaughter.
  • Terry Hobbs beat his wife with his fists, was confronted by his brother-in-law, whom he shot in the abdomen, and was charged with aggravated assault.

These are the normal, law-abiding citizens the police in West Memphis sought to protect from the deadly and dangerous Damien Echols?

From the documentary, Echols, who dominates the second half, comes off as the most intelligent and articulate persons in West Memphis, which, I guess, does make him “different”. But he was foolish enough to be cryptic, though honest with the police and in court when he would have been wiser to be silent. His attorneys did not adopt a wise strategy and it is only in comparison to them that the prosecution’s efforts resembled a “strategy” at all.

It is hard not to despair for humanity. First there is the atrocity of the murders, and the fact that the perpetrator is still free. Then there is the graceless lust of the victim’s families for revenge. Then there is the gross incompetence and negligence of the police. The hack of a judge. The phony “expert” on Satanic cults. The gullibility of the jury. The facetiousness of the Arkansas Supreme Court. The disgusting political machinations of senior politicians who fear that a concern for justice will be misinterpreted as softness on crime. The subsequent disasters in the lives of the victims.

A sensitive person could be forgiven for wanting to opt out of the human race. Let me confess that when I was younger, especially when I was in college, I thought there was a certain worldly-wise cache to this kind of cynicism. Secretly, we assumed that we would be proven wrong, that the world could be better, and that we would be admired for being aloof from it all. Well, I’m over 40 now, and the glamour of it has worn very thin indeed. Nowadays, it’s just depressing.