People who can't communicate can't lie. Or can they?

Today's Detroit Free Press has a real horror story about a family which was torn apart by zealous bureaucrats acting in the name of a cruel superstition called "facilitated communication." According to the educrats who believe in this discredited nonsense, autistic children "communicate" by having their hands placed on computer keyboards, while the "facilitator" types the answers to the facilitator's questions.

No, seriously:

The couple, who had no criminal history, suddenly faced decades in prison. He was charged with repeatedly raping their 15-year-old, severely autistic daughter, and she was charged with child abuse for failure to stop it.

Thus began a four-month ordeal, a prosecution based solely on statements their mute child reportedly made while using a widely discredited method called "facilitated communication," in which messages are typed on a keyboard with the help of an aide called a facilitator.

Thursday, the Wendrows, who saw all charges against them dropped in March, filed a lawsuit in Oakland County Circuit Court, alleging 38 counts of wrongful imprisonment, invasion of privacy, violation of their due-process rights, malicious prosecution and other misdeeds. Lawsuits on behalf of their daughter and her 13-year-old brother, who was repeatedly interrogated by police, are expected to be filed today.

I'm glad they're suing, and I hope they end up owning the school district.

Of course, that's an emotional reaction on my part; the problem is that it's the taxpayers who end up having to pay settlements and judgments in these cases. The problem is that there is no accountability, and it is becoming an all-pervasive disease. The individual wrongdoers are immune -- even though the "facilitor" in this case had only two hours of "training":

"My dad gets me up, bangs me and then we eat breakfast," typed messages the school provided to the police said. "He puts his hands on my private parts mom knows and doesn't say anything." Other messages said her father had assaulted her in the shower and that her younger brother had fondled her breasts and genitals.

Prosecutors may also have been perplexed by the spectacle of the teenager typing responses to their questions as her paraprofessional facilitator, Cindi Scarsella, supported her typing arm.

Scarsella, a teacher's aide who had accompanied the autistic student to classes since the beginning of the school year after just two hours of training as a facilitator, told police the girl had spontaneously typed the allegations, while Scarsella supported her forearm, during a Learning Skills class in late November.

Prosecutors said the girl repeated the allegations -- again with Scarsella facilitating her typewritten answers -- in an interview at Care House, a facility that specializes in interviewing suspected victims of abuse.

Care House interviews are confidential, but Dr. James Todd, an Eastern Michigan University psychology expert who reviewed a video record of the girl's interview at the request of her parents' defense attorneys, testified that he detected signs that Scarsella was subtly directing the autistic girl's typing.

Scarsella, who did not respond to voice mails left at her home, has said under oath that she did not consciously or unconsciously influence the girl's responses.

"No one in our office had ever heard of facilitated communication," Oakland County Assistant Prosecutor Paul Walton said.

Yeah, well maybe it would have been a good idea to brush up on this widely debunked form of junk science before jailing the parents, and placing the boy in juvie. As this earlier piece pointed out, the bogus nature of the case could have been determined simply by using Google:
But the girl's parents believed the controversial method, whose proponents called it FC, had unlocked their speechless daughter's inner voice. Ironically, it was the parents' faith in FC that convinced investigators the girl's facilitated accusations were authentic.

But if police and prosecutors had Googled the phrase "facilitated communication" as my Free Press colleague L.L. Brasier did when she first heard about the case, they would have learned that most educators and autism experts had long ago lost faith in FC, and that researchers had repeatedly failed to establish its legitimacy in controlled experiments.

I'll say. Facilitated communication has few defenders, there's a whole string of cases involving fictitious charges of sexual abuse by parents, and it is rejected as scientifically unfounded by the American Psychological Association, the American Academy of Pediatrics, and the American Academy of Child & Adolescent Psychiatry. (See also the Wiki entry on Facilitated Communication.) It's been debunked on Frontline, on Penn and Teller, and most skeptics consider it old history -- little more than a long defeated superstition.

So settled is the evidence (and case law) against it that a New York Civil Rights Lawyer (quoted in an earlier piece) expressed amazement that a school would even use the method:

Spurred by a flurry of cases in which autistic children using FC accused seemingly trustworthy adults of sexually molesting them, researchers began conducting double-blind experiments. In trial after trial, experimenters demonstrated that typed messages were actually being directed -- albeit unconsciously -- by the facilitators themselves.

Alan Zwiebel is a New York civil rights lawyer whose legal crusade against FC culminated in a celebrated 1997 case in which a federal jury awarded $750,000 to a New York couple who'd lost custody of their retarded daughter. Jurors concluded officials knew or should have known the girl's facilitated allegations of abuse were bogus.

Zwiebel professed astonishment when I told him that Oakland County prosecutors had relied on FC evidence to bring criminal charges against the West Bloomfield girl's parents.

"Facilitated communication? My God -- I though we stuck a stake through its heart in 1997," he said.

Since his 11-year-old federal case, Zwiebel said, "there's been a bright-line rule that facilitated communication is unreliable, period."

What fascinates me is how to assign blame here. Clearly, the parents were desperate (as would be expected of parents of severely autistic kids), so they would go along with anything, including this electronic voodoo. While the actual "facilitator" with two hours training is worthy of blame, what about the school officials who hired her to do this? The prosecutors who filed the charges, jailed the father, and even put the boy in juvenile detention would seem to be the most guilty parties, because they didn't do their homework. But their asses may be covered if they can come up with an expert who can claim "facilitated communication" has validity. The Facilitated Communication Institute at Syracuse University takes the position that facilitated communication is a civil right, and even a free speech issue:
Where people lack an adequate communication system, they deserve to have others try with them to discover and secure an appropriate system. No person should have this right denied because they have been diagnosed as having a particular disability. Access to effective means of communication is a free speech issue. (TASH, Resolution on the Right to Communicate, November, 1992)
I don't doubt there are people in the Autism Lobby, and an assortment of teachers aides, other "paraprofessionals," and others in the educational bureaucracy who would champion this discredited method. (As I've argued before, bureaucrats tend to love things that don't work, because bureaucratic failure generates more bureaucratic jobs.)

While nothing that the educrats might do would surprise me, this is more of a disgrace to the legal system than anything else, because the legal system is supposed to be based on accountability. When accountability fails there, where are people to go?

What shocked me even more as I dug into this was the appalling nature of the police interrogation of the innocent boy they sent to juvenile detention:

For nearly an hour, Detective Joseph Brousseau had grilled the boy about accusations that he and his autistic sister had been sexually molested by their father. No, the boy insisted, he'd seen nothing to support the detective's lurid suspicions. Three times, he offered to take a lie detector test. But Brousseau hammered away, challenging the boy's honesty, his manliness, his loyalty to his disabled sister.

Again and again, the detective told the boy his body language betrayed the burden of a terrible secret. "What if I told you that one of those videotapes confiscated from your parents' house had you in it?" the detective asked suddenly. The 13-year-old straightened. "Was it me doing something sexually?" "I don't think I'd be bringing it up if it wasn't," Brousseau answered. "That's what I'm trying to tell you -- it's going to come out."

If it were merely what it purported to be -- the disclosure of a deviant father's treachery -- the videotaped exchange would be excruciating enough to watch. But the truth is a good deal uglier than that.

Charges have been dropped. In fact, prosecutors now concede, much of what Brousseau told the boy during his Dec. 4 interrogation was a fabrication. There were no videotapes depicting the boy in sexual situations with his father or sister. There was no new crime lab evidence confirming his sister's allegations, despite Brousseau's repeated assertions to the contrary.

Legal experts who have reviewed the videotaped interrogation, which was obtained by the Free Press, say it reveals multiple violations of the rules Michigan law prescribes for questioning juveniles who may have witnessed sexual abuse."I would not hesitate to use the word 'reprehensible,' " David Moran, associate dean of the Wayne State University School of Law, told me after watching the interrogation at the Free Press' request.

Brousseau didn't respond to voice-mail messages I left at his office and home. His supervisor, West Bloomfield Police Lt. Carl Fuhs, said he hadn't seen the videotape but defended Brousseau's motives. "He didn't mean to harm anyone," Fuhs said. "The bottom line here is that the detective was trying to get to the truth. I don't know whether he went over the line or not."

The details are fiendish. If the prosecutors filed charges based on an interrogation like that, I'd say Mike Nifong didn't have anything on these people.

Perhaps even Cotton Mather didn't either. (He was only trying to do his job...)

But if we look at the broader issue (in the spirit of dark humor), imagine what a facilitative communicator could do with Alzheimer's patients. Stroke victims. The legally brain dead.

Hmm...

I better keep them away from Coco, because you never know what she might say.

CDr.jpg

Especially if she had "help."

MORE: I'm wondering about something. Is there any reason why facilitative communication would not work with dead people? I would think that if used combination with a good medium, the results might be spectacular.

At the very least, it might be a great way to preserve the right of the deceased to vote.

posted by Eric on 09.12.08 at 10:21 AM





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Comments

As you suggest, the reason things like this happen is because, instead of jailing the prepetrators, we bill the taxpayers.

Sure, the pissed off taxpayers can pressure officials to change policy and personnel, but accountability is so many levels removed (and most people are not one-issue voters), that in the end there have to be outright atrocities before something is done.

tim maguire   ·  September 12, 2008 10:39 AM

What you describe has happened here in France, with so-called experts getting thirteen innocent people locked up for four years on perfectly spurious charges of child abuse.
But it will go on until some of these charlatans are hanged in public.

Gordon   ·  September 12, 2008 02:38 PM

Why do these people who discover secret techniques to get information from people - facilitated communication, recovered memory, dream analysis - always seem to find freaky sex and violence? What does that say about them?

Assistant Village Idiot   ·  September 12, 2008 03:12 PM

Hmmmmm.

-OR- they could have watched the episode of Law & Order that dealt with FC and allegations of abuse.

memomachine   ·  September 12, 2008 03:21 PM

"I'm wondering about something. Is there any reason why facilitative communication would not work with dead people?"

Hey, who needs a medium? John Edwards got multi-million dollar jury verdicts talking to dead babies.

Anonymous   ·  September 12, 2008 06:21 PM

The last I heard, the guy in the Amerault case is still in prison because he won't confess, even though everybody agrees the case is a complete crock.

Dorothy Rabinowitz covers it at the WSJ occasionally. She may have given up, allowing it just to be a permanent triumph of do gooders over everything.

Ron Hardin   ·  September 13, 2008 07:21 AM

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