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"Despite the enormous risks he was
obviously taking, Halsey did very little actual
molesting... he spent most of his time acting like Huck Finn on
a spree..."
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The medical evidence
But the greatest barrier to re-considering Halseys verdict
is the medical testimony. This
lies across the case like the four foot high concrete dividers that
blocked off Nobodys
Road. A.W. testified that Mr. Halsey drove over the dividers to
get up to the fields where
he molested them. (561:8) But no such impossible feats are required
to deal with the
medical evidence. Two independent medical experts have disputed
this indisputable
evidence, which in the words of one of them, is frankly weird.1
As the prosecutor summed up, B.W., hes got the whole
bottom portion of his rectum
worn away and a scar that takes up a good part of his rectum, and
another serious tear and
a mark indicative of a burn on his rectum or a chunk of skin being
taken right out. The
defense called no medical experts, but the two independent experts,
examining the
pediatricians testimony and notes, have questioned whether
what he described were scars
at all. Suppose that both children had sustained major tearing,
burns and flesh wounds.
Suppose that half of B.W.s rectum had somehow been worn
away. Could such painful
wounds go unnoticed? Mrs. W. testified that the children came home
from school with
mud on their pant legs, but she was never asked, nor did she state,
if their underpants were
bloodied or soiled. She mentioned that the twins sometimes strained
to move their bowels,
and that when she wiped their bottoms for them, she noticed redness.
There is no
indication that the children were trying to hide anything from her,
quite the contrary. She
testified that when they got out of the bath, they would bend over,
spread their buttocks,
and say see my butt hole. (Its worth noting at
this juncture that the television characters
Beavis
and Butthead first appeared on MTV in the fall of 1992,
four months before the twins
made their accusations and may well have influenced some children
in the Lanesboro Elementary school yard.)
In their initial interview with the school counselor and the police
chief, B.W. said Halsey
punched him in the face and A.W. said the bus driver scraped his
arm with a knife. These
wounds went undetected by their parents as well.
Opportunity and Probability
Finally, there are questions of opportunity and probability. Cheit
says, there was also
detailed testimony to contradict the (the defenses claim)
that Nobodys Road was
inaccessible at times. The defense never made this claim.2
The defense argued that since
the blocks were not placed on the road until January of 1991, then
they obviously werent
there in the fall of 1990. Yet both A.W. and B.W. said they were.
Halseys attorney mentioned the blocks in his closing summation
only as it related to the childrens credibility. (1900:19-25)
Halseys bus route in the year 1990-1991 apparently consisted
only of the W. twins and
sometimes a third and fourth child (neither of whom testified).
Cheit argues that Halsey
had up to 45 minutes to molest the children. In his initial police
report, Police Chief Stan
Misiuk estimated that as much as twenty minutes were unaccounted
for. On
cross-examination, Misiuk said that when he drove the route and
timed it, he allowed 20
to 25 seconds at each stop for the five-year-olds to get on
or off the bus. (1646)
Mrs. W. told the police chief that the children were ready
to be picked up at 11:30.3 At
trial, however, she moved the clock back by fifteen minutes or more:
And it was about
11:00 oclock that they would have their lunch, and it was
-- the latest he would ever pick
them up would be quarter after or 20 after, the latest. (1110:7-10)
This change
significantly altered the amount of hypothetical time that Halsey
had available to him.
The record shows that most days Halsey was at the school at 11:15
to pick up a child
leaving the morning kindergarten. The prosecutor presented no records
from the school or
the bus company to indicate that any parent or teacher had complained
about Halsey for
any reason, apart from the tickling incident, already
described.
In the fall of 1991, the next year, Halsey allegedly tied up as
many as five children before
getting down to the business of molesting them one after the other.
It strains credulity that
none of the children became hysterical -- that is, no one testified
that the children arrived
at home or school with red, tear-streaked faces and duct tape adhesive
clinging to their
cheeks. For his mid-morning run, Halsey would have had to pick up
the children at school, drive to a secluded spot, tie them up and
molest them, untie them, drop them off at their respective homes,
and go back into town, pick up other children attending afternoon
kindergarten, and deliver them to school -- all between 11:15 and
12:10. This was clearly impossible, so the prosecutor insinuated
in his closing remarks that Halsey kept the morning children with
him all afternoon on early-dismissal days, which would explain how
he had time to dunk the twins in the lake and store them in boxes.
(1938:10-18) This supposes that Mrs. W. never noticed when her
children werent returned home and that she never paid attention
to teacher conference
dates. Shugrue (not surprisingly!) didnt have the nerve to
put this theory to her directly.4
The lake where Halsey caught fish, frogs, turtles and crayfish,
is visible from a farm that
had a roadside vegetable stand and petting zoo. If Halsey parked
the passenger van,
clearly marked as a school bus, fired his gun at fish in the lake
and turtles on the shore,
and whacked the children with baseball bats (573:14-574:7 and 614)
-- he would have
been in view of the farm and of motorists passing by on Route 8.
(Other acts were alleged
to have occurred on the other side of the concrete blocks, up in
the fields and woods
beyond, but a great deal of the childrens testimony is centered
at the lake.)
Despite the enormous risks he was obviously taking, Halsey did
very little actual
molesting. According to the testimony, he spent most of his time
acting like Huck Finn on
a spree -- killing small animals and playing mumblety peg, while
the children lay on the
floor of the school bus, their eyes and mouths covered with duct
tape, their arms pinned,
wrapped in ropes from waist to foot.5
Halsey did not take the stand in his own defense. His defense consisted
only of a few
teachers who testified that the children behaved normally at school
and a fellow bus driver
who said that as far as she knew, Halseys bus was always where
it was supposed to be
(their routes crossed). No expert witnesses were called. It is only
a small exaggeration to
say that no defense was offered at all.6
Jumping to Conclusions
Cheit concludes by critiquing Jonathan Harriss7
inclusion of Halsey in Harris witch hunt
website.
Among other things, he suggests Harris uses imprecise and emotionally
colored
language, unfounded criticisms and the like. Harris one paragraph
account, which
launches Cheit on six pages of what he calls close textual
analysis, could hardly be
expected to discuss and rebut all of the evidence brought against
Halsey in a nine day trial,
anymore than this article can. For example, Cheit faults Harris
for not fully elaborating
what he means by bogus symptoms. However, Harris is
writing for a educated audience
who understand the controversy around syndrome testimony
by experts, and in fact,
his website has a FAQ section that explains the ritual abuse trial
controversies in more
detail.
Harris noted that some of the prosecution team were involved in
another ritual abuse case,
that of Bernard Baran. Cheit says drawing comparisons is a McCarthy-like
tactic. By
using McCarthy-like as an adjective, he too is using
a type of shorthand -- he expects
the educated reader to know what hes talking about. Likewise,
advocates for the
wrongfully convicted refer to the Salem witch trials, and with good
reason. With three
words, we can evoke volumes; we can remind our audience that people,
even educated
people and community leaders, can perpetrate great cruelty when
their moral loathing of
certain types of crimes overpowers their ability to reason, and
that all this has happened
before in our courts.
Lona Manning
May, 2002
click
here for Cheit's reaction
to my article:
ManningDebunked.org
click here for
my response
to Cheit's website about me

The concrete blocks on Nobody's Road
1 see, inter alia, the Pre-Trial Memorandum
filed by the bus company in a civil suit brought
by the W. family.
2 Although Cheit may be referring to 1235-1239,
where Halseys lawyer cross-examines a
witness about the blocks, to no apparent purpose.
3 E.W. (the mother) told me that during this
year she would feed the boys lunch about
11:00 a.m. and have them ready for 11:30 a.m.
4 Instead, while making a different point, he says
that the attention that these children had
had (from their parents) was enormous throughout their entire lives.
(1926:16)
5 For testimony about how Halsey allegedly wrapped
the ropes around the children, see
587:18-21.
6 In contrast, the lawyers for the bus company
in the civil suit disputed the allegations,
engaged expert witnesses, and were prepared to call dozens of Lanesborough
citizens
to the stand.
7 Harris, at one time a visiting associate
professor of chemical engineering at MIT, took
an interest in the ritual abuse mass molestation trials of the late
80s and early 90s and
hosts a website on the topic.
Acknowledgements
The author wishes to thank Carol Clairmont Weissbrod
for her generous research assistance
Bibliography
Authors interview with Mary Halsey. (The
Halseys recently observed their 50th wedding
anniversary. Bob Halsey was 64 at the time of the trial, not 60,
as stated by Cheit.) [update:
Cheit has pointed out that he said Halsey was 60 when he was driving
the bus. I accept this
correction.]
Timothy Shugrue, the prosecutor, did not respond
to repeated requests for an interview.
Other witnesses, including Mrs. W., did not respond to a letter
requesting an interview.
Cheit, Ross E., The Legend of Robert Halsey,
in Misinformation Concerning Child
Sexual Abuse and Adult Survivors, Whitfield, Silberg and Fink,
eds., Haworth Press,
2002.
Commonwealth of Massachusetts vs Robert Halsey,
Superior Court Berkshire County,
Nos. 930080-930104, transcript of grand jury proceedings and trial.
Defendants Pre-Trial Memorandum, Superior
Court Civil Action 93-0351, John Doe,
Tom Doe, Jane Doe and Bob Doe
vs. Pittsfield Courtesy Bus Company et al.
Driscoll, Trooper Patricia. Memo. Subject: Additional
Information #1 Lanesboro Sexual
Assault Case, January 27, 1993, concerning interviews of L.C and
I.C.
Etkind, Susan. Trial Opens. Berkshire Eagle,
August 27, 1993
Elfbenbein, G. Lanesboro parents voice anger. Berkshire
Eagle, Jan 21, 1993
Elfbenbein, G. Lanesboro school: At the eye of
a storm.,, Berkshire Eagle, Jan. 22, 1993
Misiuk, Chief Stan, Report #93-006, Subject: Sexual
Assault, Robert Halsey, dated. Feb.
11, 1993.
Sadof, Dr. Matthew, notes on physical examination
of W. twins, May, 1993.
Valente, Officer Jane. Report to the Chief, Lanesborough
Police Department, Report
#92-020, Re: M.K., February 14, 1992
Unsigned, Report to the Chief, Lanesborough Police
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