Lemmie wrote:My last responses quoted a court decision, written by a judge, in 2002. Your 'estimation' is absolutely wrong, and is not based in facts.
I believe you are referring to this
"
Bullock appealed in 2002 and his request for a new trial was denied. The judges, however, wrote a scathing opinion of Snow’s methods:
"...Dr. Snow also testified extensively about her interview techniques, and she acknowledged that she did not record her interviews with the children, take notes during the interviews, or write reports following the interviews.
Indeed, Dr. Snow admitted that her “own integrity” was the only way of verifying what had occurred during the interview sessions....
[…]
“Snow intentionally failed to preserve critical evidence of her initial and subsequent interviews in spite of the fact that she knew such interviews were critically important to both the prosecution and the defense in ascertaining the truth of the allegations she ascribed to the children. In addition, such failure was accomplished in complete bad faith since she had been requested numerous times to do so by the police and by other therapists."
The details of this are in the timeline for 2002
https://law.justia.com/cases/federal/ap ... 36/505568/"In this case, Snow's improper interviewing techniques were fully identified, examined, criticized, and interpreted at a trial in which Mr. Bullock was represented by competent counsel. It is clear from the trial record, for instance, that Mr. Bullock's trial counsel attacked Dr. Snow's credibility throughout the trial, raised the argument that Dr. Snow implanted the allegations of abuse in the boys' minds, and elicited expert testimony — including the state's own expert — condemning Dr. Snow's interview techniques. Cf. Chambers, 410 U.S. at 302, 93 S. Ct. 1038 (finding Due Process violation where state evidentiary ruling prevented the petitioner from asserting his defense). Under the circumstances, we decline to hold that Mr. Bullock's trial was fundamentally unfair.
The second aspect of Mr. Bullock's due process claim revolves around Dr. Snow's failure to record her interviews with the children. According to Mr. Bullock:
Snow intentionally failed to preserve critical evidence of her initial and subsequent interviews in spite of the fact that she knew such interviews were critically important to both the prosecution and the defense in ascertaining the truth of the allegations she ascribed to the children. In addition, such failure was accomplished in complete bad faith since she had been requested numerous times to do so by the police and by other therapists. Finally, the loss of a record of these initial priceless interviews can never be replaced for Appellant's defense.
This argument is unavailing."
"As discussed earlier, trial counsel appeared to have an objectively reasonable strategy for admitting the children's hearsay testimony, namely to attack Dr. Snow's credibility and to reveal inconsistencies in the boys' stories. Therefore, because Mr. Bullock's ineffective assistance of counsel claims fail, his Confrontation Clause argument also fails."
"The quest for the truth in sexual abuse cases is always difficult, particularly when the prosecution's case heavily relies upon the testimony of young victims. In this case, Dr. Snow's disturbing and irresponsible conduct has made this quest especially difficult. We do not know whether Dr. Snow still counsels children or testifies as a prosecution witness in sexual abuse cases; if she does either, we hope that she now follows proper professional and ethical standards. See, e.g., State v. Hadfield, 788 P.2d 506, 508-09 (Utah 1990) (explaining pervasive criticism of Dr. Snow's interview techniques and how "one police officer ... described how the children in Dr. Snow's care were able to reproduce specific information after he had suggested to Dr. Snow that such information should be present in their statements")."
Just out of interest, have the children of Hadfield or Bullock ever recanted on their childhood testimony. I'm guessing that would be the only thing that could clear their names, and if they aren't doing it, why?
"It's a little like the Confederate Constitution guaranteeing the freedom to own slaves. Irony doesn't exist for bigots or fanatics." Maksutov