Response to Ross Cheit's website
I'm pleased that Professor Ross Cheit has posted excerpts from the Halsey trial transcripts on the web.
I hope these transcripts will draw the attention of experts in the field of child testimony and suggestibility.
I won't write a thorough rebuttal of Cheit's opinions and assertions as offered at the ManningDebunked website. Such a rebuttal would involve endless repetitions of, "I didn't say this, I said that," disputes over misplaced emphasis, and so forth. I prefer to let both his tone and my work, speak for themselves. For example, to discuss what he says about what I say about the medical evidence, it would be simpler to refer the reader to what I actually said, rather than re-state it in full here.
As regards Ross Cheit's unprofessional language and mean-spirited debating tactics, I quote the American Association of University Professors:
College and university teachers are citizens, members of a learned profession, and officers of an educational institution. When they speak or write as citizens, they should be free from institutional censorship or discipline, but their special position in the community imposes special obligations. As scholars and educational officers, they should remember that the public may judge their profession and their institution by their utterances. Hence they should at all times be accurate, should exercise appropriate restraint, should show respect for the opinions of others, and should make every effort to indicate that they are not speaking for the institution.Below, I provide two examples of how Cheit's website significantly misrepresents my published work, and one example of outright error about the trial transcript. I also give an example of how Cheit refers to the children's testimony in a misleading fashion.
I cannot ignore that he has deliberately impugned my integrity, so I provide comment about two items where he says I "fabricate" or "lie."
| Misrepresentation #1 | ||||
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Cheit's
Article
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My Article
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"ManningDebunked"
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The police officer who used the word "tickle," testified that he did so with a clear sense of euphemism.... Note: to understand how Cheit is ignoring the real issue here -- namely that he is incorrect about the "tickling" incident, please read the relevant section of my article. He states in his article that the Lanesboro police failed to investigate a complaint about Halsey and in fact, there was a cover-up. The police reports show he's wrong. |
Cheits police officer is a figment of his imagination.... The bus company
owner is testifying on the pages in question, not a police officer.
None of the police officers who testified in this trial,
testified about the tickling incident, euphemistically
or otherwise. The owner complained that the police hadnt told
him any details of the incident, so he felt he didnt know
what his bus driver had even been accused of. (1754-56).... Its true that the police chief suspected more...... |
The bus company owner used the word tickle euphemistically. The police chief said Halsey could get ten years for what he did to the girl. But Halsey was quietly transferred and the children were told he was on sabbatical. Ms. Manning adamantly denies all of this, employing words like imaginary and figment of imagination. Page 1755 of the trial transcript contains these precise quoted words from the chief: "He could do ten years for what he did" to the little girl in question. Ms. Manning claims that these words are a "figment of imagination." Page 1756 of the trial transcript contains the bus company owner's testimony that he used the word tickled "euphemistically." That is his word, Ms. Manning claims there was no such testimony, "euphemistically or otherwise." |
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My
Article(s)
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"ManningDebunked"
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My
comments
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My article at www.crimemagazine.com: Shugrue also corrected 7-year-old Monica Kelly, who testified that "the first day" she saw the guns and knives on Halseys bus, she told her parents at that time and they even had a conversation about it. M.K. damages
her credibility again on cross-examination, when she discusses
the guns and The
first day that you saw them? asks the defense attorney. Twice Halseys lawyer asks her if she means that she told her parents back in kindergarten, a year and a half ago, that she saw guns and knives on the bus. She says yes. She goes on to say that her parents asked her, What did he do with the knives and guns? to which she replied, Nothing. She adds that
when her grandmother came to pick her up at the bus stop, she pointed
the guns out to her grandmother, as well. |
(Ms. Manning) argues that M.'s credibility is damaged because "she had to be corrected as to when she told" her parents. Ms. Manning supports this claim by a gross misrepresentation of the testimony. Rather than rely on the actual testimony, Ms. Manning summarizes a few lines of testimony as follows: "Shugrue also corrected [M.K.] who testified that the first day she saw guns and knives on Halsey's bus, she told her parents at that time and they even had a conversation about it" But here is the actual exchange Q. Did it hurt? Shugrue's clarifying question did not contradict the earlier testimony; it tried to provide an explanation for those, like Mr. Manning, who would analyze children'stestimony in a rigid and over-literal fashion.... It reads too much into the words of a seven year old to think that "grandma first and then my mom and dad" necessarily means the same day. that obviously is not what she meant -- nor is it what she said, Ms. Manning's text-emphasized error notwithstanding. |
Cheit is confusing M.K.'s testmony on direct with her testimony on cross-examination and re-direct. He seems to have overlooked the cross-examination. She did indeed, specifically state that the very day she saw guns and knives on Halsey's bus, she told her parents and they had a conversation about the weapons.
In Manning Debunked.org, Cheit doesn't specify between my 11 page article for crimemagazine.com, and the scholarly article I wrote in response to his "Legend of Robert Halsey." He only mentions the crimemagazine article. He appears to have been supplied with a copy of the first version of my scholarly article. This first version was never published, the second version is published only on this website. He quotes from it but doesn't otherwise acknowledge its existence.
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Misrepresentation #2 |
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What
I said
(emphasis added) |
How
Cheit misrepresents
what I said (emphasis added) |
My
comments
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"Jason," the elder twin by five minutes, testified first. He claimed..... Halsey had been driving them for about a week when he detoured one day to Nobody's Road, drove over some concrete barriers and took them into some secluded fields, and pulled out his .38. He made the children hold up targets, which he shot at. But when Justin took the stand, Shugrue had trouble pulling the same story out of him. He introduced the target shooting testimony with, "Could you tell me, at some point in time did things become not okay with Bob?"
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Ms. Manning claims the prosecutor had "a hard time pulling the same story" out of W. [3] That is utterly false. W. testified on direct for 112 pages. Click here for the full testimony. Ms. Manning uses the earliest minutes of that testimony to mischaracterize the hours that followed. |
By using the phrase, "same story," I am referring to the initial, target shooting incident, and the child's testimony about that story -- I am not describing his entire testimony. In that case, I would have used the phrase, "same stories."
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The Great Beavis and Butthead Controversy
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The concrete blocks -- I did not "lie with photos."
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Erroneous and misleading references to the children's testimony: One of the weapons in the "vast array" seized from Mr. Halsey when he was arrested, was a pocket knife. Cheit writes:
"The children provided far more specific detail than
Ms. Manning acknowledges -- and their testimony was cross-corroborative.
All of the children described Halsey's red pocketknife
(A. at 569; W. at 850; 862; L. at 1023; M. at 1060; and I. at 1086)." When Halsey was arrested, the police seized a pocket knife from his key chain. Mrs. Halsey says the knife was about four inches long, and was on his keychain which he wore on his belt, because he had too many keys to fit in his pants pocket. The younger children's "descriptions" of the pocket knife are not descriptions by any stretch of the imagination, and serve only to damage their credibility if they are talking about a knife that Halsey habitually wore on his keychain, not kept in the glove compartment. (Incidentally, it's important to note that Halsey was not accused of molesting all five of these children. Two of the five alleged sexual assaults. Some children testified to seeing knives and guns and tape and two alleged physical assaults). |
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A.'s at 569: not a description at all
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Q. And did
you see -- what else did you see? You said you saw knives? |
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W.'s at 850-51 Not an identification of " the" pocket knife. The red pocket knife is exhibit #28, not #36.
W. at 862 another identification, not a description |
Q. I want you
to look at Commonwealth's Exhibit No 36. Do you know what this is? Q. Do you recognize
this? |
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L.at 1023 not a description
also note
this |
Q. Did you
ever see him tickle anybody?
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M. at 1060 almost a
description |
Q. Could you
tell me, did you see some other things on the bus? |
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I.'s (the oldest
child's) description at 1086 A description of a pocket knife on Halsey's keychain that probably hung in plain sight from his belt every day. It was removed from his keychain by the police when he was arrested. |
Q. Now did
you see anything else besides (knives in the back of the bus) --
strike that. Did you see knives anywhere else in the bus?
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