Wee Care Nursery School
Encyclopedia
The Wee Care Nursery School was in Maplewood, New Jersey
and was one of many day care
child abuse
cases that went to trial in the 1980s. Though initially successful in its prosecution of Margaret Kelly Michaels, the decision was overturned after five years in prison, on the basis of improper and coercive interviewing of the children involved. They had been the sole witnesses, their testimony being offered as the only sources of evidence during the trial.
Margaret Kelly Michaels was indicted for 299 offenses in connection with the sexual assault of 33 children. "Among the charges in two indictments were aggravated sexual assault, impairing the morals of minors and terroristic threats." Michaels denied the charges. Various accusations were heard from the children during questioning by social workers and therapists: that 23-year-old Margaret Kelly Michaels forced the children to lick peanut butter off her genitals, that she penetrated their rectums and vaginas with knives, forks and other objects, that she forced them to eat cakes made from excrement and that she made them play "Duck, Duck, Goose" in the nude. Testimonial evidence was collected from 51 students of the day care center. Physical evidence included a jar of peanut butter, found in the day care's kitchen, and the lyrics to Joni Mitchell's "Both Sides Now
" written in Michaels' attendance book.
In August of 1988, after eleven months of trial, Michaels was sentenced to 47 years in the "sex case." The judge "said the facts in the case were sordid, bizarre and demeaning to the children." Michaels "told the judge that she was confident her conviction would be overturned on appeal."
overturned the lower court's decision and declared "the interviews of the children were highly improper and utilized coercive and unduly suggestive methods."
A three judge panel ruled she had been denied a fair trial, because "the prosecution of the case had relied on testimony that should have been excluded because it improperly used an expert's theory, called the child sexual abuse accommodation syndrome, to establish guilt." The original judge was also criticized "for the way in which he allowed the children to give televised testimony from his chambers."
In June 1993, the State Supreme Court refused to hear the prosecutor's appeal of the decision.
In February 1994, "the court heard arguments...about the admissibility of evidence."
In December 1994, the prosecution dropped its bid to retry the case "because too many obstacles had been placed in the way of a successful retrial."The major hurdle was that "if the state decided to reprosecute Ms. Michaels, it must produce "clear and convincing evidence" that the statements and testimony elicited by the improper interview techniques are reliable enough to warrant admission." "While the Supreme Court stopped short of instructing the prosecutor to drop the case, the court made it clear that it believed the children's testimony would not hold up."
s were examined as part of a research project on the testimony of children questioned in a highly suggestive manner. Compared with a set of interviews from Child Protective Services
, the interviews from the two trials were "significantly more likely to (a) introduce new suggestive information into the interview, (b) provide praise, promises, and positive reinforcement, (c) express disapproval, disbelief, or disagreement with children, (d) exert conformity pressure, and (e) invite children to pretend or speculate about supposed events."
Maplewood, New Jersey
Maplewood is a township in Essex County, New Jersey, United States. As of the 2010 United States Census, the township population was 23,867.-History:...
and was one of many day care
Day care
Child care or day care is care of a child during the day by a person other than the child's legal guardians, typically performed by someone outside the child's immediate family...
child abuse
Child abuse
Child abuse is the physical, sexual, emotional mistreatment, or neglect of a child. In the United States, the Centers for Disease Control and Prevention and the Department of Children And Families define child maltreatment as any act or series of acts of commission or omission by a parent or...
cases that went to trial in the 1980s. Though initially successful in its prosecution of Margaret Kelly Michaels, the decision was overturned after five years in prison, on the basis of improper and coercive interviewing of the children involved. They had been the sole witnesses, their testimony being offered as the only sources of evidence during the trial.
Accusation
In April of 1985, a nurse took the temperature of a 4-year-old boy with a rectal thermometer and the boy said: "That's what my teacher does to me at nap time at school." The comment was reported to the local authorities, and all the children at the Wee Care Nursery School were questioned.Margaret Kelly Michaels was indicted for 299 offenses in connection with the sexual assault of 33 children. "Among the charges in two indictments were aggravated sexual assault, impairing the morals of minors and terroristic threats." Michaels denied the charges. Various accusations were heard from the children during questioning by social workers and therapists: that 23-year-old Margaret Kelly Michaels forced the children to lick peanut butter off her genitals, that she penetrated their rectums and vaginas with knives, forks and other objects, that she forced them to eat cakes made from excrement and that she made them play "Duck, Duck, Goose" in the nude. Testimonial evidence was collected from 51 students of the day care center. Physical evidence included a jar of peanut butter, found in the day care's kitchen, and the lyrics to Joni Mitchell's "Both Sides Now
Both Sides Now
- Personnel : * Joni Mitchell — vocals * Mark Isham — trumpet, solo* John Anderson — oboe * Julie Andrews — bassoon * Nick Bucknall — clarinet * Stan Sulzmann — clarinet, flute * Philip Todd — clarinet, flute and alto flute...
" written in Michaels' attendance book.
Trial
"The prosecution produced expert witnesses who said that almost all the children displayed symptoms of sexual abuse."Prosecution witnesses testified that the children "had regressed into such behavior as bed-wetting and defecating in their clothing. The witnesses said the children became afraid to be left alone or to stay in the dark. They also testified that the children exhibited knowledge of sexual behavior far beyond their years." Some of the other teachers testified against her. "The defense argued that Miss Michaels did not have the time or opportunity to go to a location where all the activities could have taken place without someone seeing her."In August of 1988, after eleven months of trial, Michaels was sentenced to 47 years in the "sex case." The judge "said the facts in the case were sordid, bizarre and demeaning to the children." Michaels "told the judge that she was confident her conviction would be overturned on appeal."
Release
After five years in prison Michaels' appeal was successful and she was released. The New Jersey Supreme CourtNew Jersey Supreme Court
The New Jersey Supreme Court is the highest court in the U.S. state of New Jersey. It has existed in three different forms under the three different state constitutions since the independence of the state in 1776...
overturned the lower court's decision and declared "the interviews of the children were highly improper and utilized coercive and unduly suggestive methods."
A three judge panel ruled she had been denied a fair trial, because "the prosecution of the case had relied on testimony that should have been excluded because it improperly used an expert's theory, called the child sexual abuse accommodation syndrome, to establish guilt." The original judge was also criticized "for the way in which he allowed the children to give televised testimony from his chambers."
In June 1993, the State Supreme Court refused to hear the prosecutor's appeal of the decision.
In February 1994, "the court heard arguments...about the admissibility of evidence."
In December 1994, the prosecution dropped its bid to retry the case "because too many obstacles had been placed in the way of a successful retrial."The major hurdle was that "if the state decided to reprosecute Ms. Michaels, it must produce "clear and convincing evidence" that the statements and testimony elicited by the improper interview techniques are reliable enough to warrant admission." "While the Supreme Court stopped short of instructing the prosecutor to drop the case, the court made it clear that it believed the children's testimony would not hold up."
Interrogation methods
Interviews from the Wee Care Nursery School and McMartin preschool trialMcMartin preschool trial
The McMartin preschool trial was a day care sexual abuse case of the 1980s. Members of the McMartin family, who operated a preschool in California, were charged with numerous acts of sexual abuse of children in their care. Accusations were made in 1983. Arrests and the pretrial investigation ran...
s were examined as part of a research project on the testimony of children questioned in a highly suggestive manner. Compared with a set of interviews from Child Protective Services
Child Protective Services
Child Protective Services is the name of a governmental agency in many states of the United States that responds to reports of child abuse or neglect. Some states use other names, often attempting to reflect more family-centered practices, such as "Department of Children & Family Services"...
, the interviews from the two trials were "significantly more likely to (a) introduce new suggestive information into the interview, (b) provide praise, promises, and positive reinforcement, (c) express disapproval, disbelief, or disagreement with children, (d) exert conformity pressure, and (e) invite children to pretend or speculate about supposed events."
External links
- Frontline: Innocence Lost
- Wee Care Nursery School at the Ontario Consultants on Religious ToleranceOntario Consultants on Religious ToleranceThe Ontario Consultants on Religious Tolerance are a small group in Kingston, Ontario dedicated to the promotion of religious tolerance through their website, ReligiousTolerance.org.-History of the group and its website:Bruce A...