Res Ipsa wrote:Rosebud, yes, what I quoted was from the dissenting opinion. There are three opinions: the majority, the concurring, and the dissent. The appeal was based on ineffective assistance of counsel. The defense counsel failed to raise a number of objections, both to the admission of hearsay through Snow, her testimony as an expert, and the admissibility of videotaped testimony of the children. The majority and concurring justices didn’t reach the merits of the admissibility claims in the grounds that the failure to make the objections was a deliberate strategy choice by the defense counsel. That’s why those opinions don’t discuss the trial testimony about Snow. The dissenting justice, on the other hand, concluded that defense counsel had acted incompetently when he failed to make obvious objections, and so dug down into what Snow had actually done. That’s the context. The majority’s rejection of the appeal is in no way a rejection of the criticisms of Snow.
I don’t recall reading any testimony about Snow recording her interviews. I think I read that she did start recording at some point, but I don’t know when that was.
Thanks for clarifying the dissenting opinion. Snow did record some of her interviews when asked to do so, and did record in front of witnesses.
One thing I want to point out, because this thread is about the Miles. All my opinion..
1. Snow's involvement in the Carstensen case wasn't as central as Cinepro is asserting.
2. Snow interviewed the female Doe's because she was asked to as the babysitter had been involved in the other Bountiful case. (Lemmie feels that babysitter is entirely innocent...I'm not so sure)
3. The female Doe's admitted to Snow that the female baby sitter and two older boys independently picked out from a year book had engaged in sexual play with them.
4. One of the Doe's told her mother of the touching parties. Snow wasn't involved. Snow did not implant that memory. It came from the female Doe.
5. One of the Doe's asked her mother what the difference was between what happened at the parties and daddy's marriage lessons. Carstensen's involvement was acknowledged by the female Doe to her mother. It wasn't a false memory implanted by Snow in this case.
6. Bill Carstensen admits in a recording (that Cinepro rejects) that the baby sitter, Miles and Bill and Dan attended touching parties.
7. Bill is diagnosed with paedophilia at John Hopkins. His abuse has further been corroborated by the children of Mother 2, and by Marion Smith's youngest daughters who won a 2.5 million *no contest* settlement against him in the early 90s.
8. This case was never brought to court by the Doe's of Mother 1, because the court system at the time could be extremely punishing and harmful for a child.
9. Ritual abuse did not seem to play a large part In this case.
10. The children of Mother 1 were medically examined at the Primary Care Hospital and the Dr there gave a medical opinion of all 4 children of sexual abuse after examining them. The Dr never recanted this medical opinion.
11. Some of the children have had to have multiple surgeries as adults to correct some of the physical damage caused by childhood abuse.
So, I think the case of Carstensen and the Miles has to be considered on its own merits.
Another point, Cinepro keeps quoting Loftus as If she is the be all and end all on recovered, implanted or repressed memory. She isn't. Her theories have been widely criticised as unscientific, because you can't replicate childhood abuse and the way it is processed in a laboratory as Rosebud has already explained. Getting lost in a supermarket is not the same.
But still, Cinepro continues to quote from a controversial author as If she closed the book on memory. She hasn't in the least.
"It's a little like the Confederate Constitution guaranteeing the freedom to own slaves. Irony doesn't exist for bigots or fanatics." Maksutov