Child Pornography, The Politics of Child Abuse, and
the Abuse of Innocence: Analysis and
Commentary
John Earl*
Child pornographers may be teachers, lawyers, doctors, law
enforcement officers, members of the clergy, laborers in sum,
child pornographers are from all walks of life. (Det. Toby Tyler,
in a prepared statement before the United States Senate Committee on
Governmental Affairs, Permanent Subcommittee on Investigations, Nov.
28, 1984.)
ABSTRACT: The crusade against child pornography and other types
of child sexual exploitation reveals a fundamental hypocrisy,
exemplified by the crusaders' own indulgence in and exploitation of
de jure and de facto sex crimes against children. The case of
authors Paul and Shirley Eberle, who have been associated by some
critics with the distribution of child pornography, is examined to
illustrate the hypocrisy of those critics and other giants in the
"child abuse industry."
Background
Paul and Shirley Eberle were the first American journalists to
write a popularly acclaimed book defending victims of false child
abuse accusations. The Eberles wrote two books on the subject: the
first, The Politics of Child Abuse ( ) (1986), examined a number of celebrated
multi-victim/multi-perpetrator molestation scandals; the second,
The Abuse of Innocence ( ) (1993), focused on the McMartin trial, the most
infamous of all American mass sex abuse cases.
In Politics, the Eberles denounce the "child abuse
industry" and advocate punishment for its allegedly greedy, blindly
obedient and psychopathic managers mainly social workers and law
enforcement officials whose manipulation of children leads to
false allegations that damage the lives of innocent children and
adults. The authors also propose reviewing all past molestation
convictions and, in order to protect families, reevaluating and
possibly dismantling the Welfare State. The publication of
Politics catapulted the Eberles into guest spots on radio and
television talk shows where they discussed the nationwide child
abuse "witch hunt" passionately described in their book.
Many ideologically entrenched child protection
professionals became alarmed by advancing media skepticism of
exploding numbers of child abuse reports. Presumptuous child abuse
theories were treated as articles of faith and used to justify
increased funding for child abuse programs and progressively
inquisitorial legal reforms. This doctrinaire and politically
charged approach to child protection led to a counterattack against
critics who were treated as misguided or malevolent heretics
members of a supposed social backlash movement whose beliefs would
roll back decades of progress made on behalf of abused children.1
But the reactionary stance of the child protection ideologues,
exemplified by their portrayal of the Eberles as former child
pornographers with a hidden interest in covering up child abuse,
seems to be a projection of their own vested interest in maintaining
a "child abuse industry," child pornography included.
The National Center for the Prosecution of Child Abuse
Since it was created in 1988, the National Center for the
Prosecution of Child Abuse has played an important role in the
effort to discredit child abuse heresy. NCPCA fired its opening shot
at the Eberles with a smear article appearing in the premier issue
(May, 1988) of Update, its nationally circulated newsletter.
The article, "Whose Politics," implies that a hidden conflict of
interest, namely the Eberles' past association with adult and child
pornography, explains their harsh criticisms of child protection
professionals:
The Eberles' vitriolic attack against criminal justice and
child welfare professionals is more understandable when one
examines the authors' background. Far from being impartial
reporters, the Eberles have for years been active in the Los
Angeles pornography subculture. Their other "journalistic"
endeavors, the Center has learned, include the currently available
soft-core tabloid, L.A. Star, and a hard-core tabloid,
Finger, published in the mid-1970s.
Finger features extensive examples of
child and adult pornography including explicit photographs and
narratives of deviant sexual behavior such as sadism and
masochism, bestiality, necrophilia and sexual activity involving
urination and defecation. It also features photos and drawings of
nude infants and children engaged in sodomy and sexual intercourse
with other children and adults as well as lavishly detailed
first-hand accounts of sexual experiences with children. On the
cover of one of the seven issues reviewed are the Eberles
themselves, naked and intertwined with life-size male and female
inflatable dolls.2
Patricia Toth, the director of the NCPCA,
repeated similar allegations at least a hundred times (as of 1990)
in lectures to child abuse professionals across the country.3
At a 1990 child abuse conference, Toth showed slides of
Finger, including one article titled "Baby Fucking" and the
cover photo of the Eberles noted above. Copies of Finger were
made available to prosecutors and others interested in discrediting
the Eberles and defense experts who cited their book in court.4
In December of 1990, other articles, such as "My First Rape, "She
was Only Thirteen," and "Sexpot at Five" were mentioned in Ms. magazine and Random
Lengths, a San Pedro bi-weekly newspaper. The alleged
documentation was apparently supplied by San Bernardino deputy
sheriff Toby Tyler, an acclaimed "expert" on pedophilia and child
pornography.5
The child pornography allegations circulated
again after the Eberles' McMartin sequel, Abuse of Innocence,
was published in 1993. Jan Hollingsworth's review of Innocence
for the Tampa Tribune
quotes Tyler as claiming that "For a period of time during the
70s, Paul and Shirley Eberle were the most prolific publishers of
child pornography in the United States."6
Hollingsworth, who wrote Unspeakable Acts ( )( ) a passionately pro-prosecution account of
the Country Walk case, writes that the Eberles were shown
"copulating" with the life-sized dolls on the Finger cover
noted earlier. She also cites an anonymous "undercover" LAPD detective to claim that
"the Eberles' own children were often featured in their hard-core
publications."
A press release by noted repressed memory
therapist Renee Fredrickson stated:
. . . Paul and Shirley Eberle . . . have been exposed as
involved in child pornography. The husband and wife were shown
posed in a defunct "kiddie porn" magazine Finger. The
pornographic magazine also contains photographs of naked sexually
abused children.7
In a special issue of The Journal of
Psychohistory on ritual abuse, editor Lloyd deMause presents
Paul and Shirley Eberle as an example of authors of "false memory
books" who are not only pedophile advocates but child pornographers.
He cites Hollingsworth's quote of Sgt. Toby Tyler, for evidence,
then adds:
Their [the Eberles] kiddie porn material that I have seen and
the articles they have published such as "I Was a Sexpot at Five"
and "Little Lolitas" included illustrations of children involved
in sodomy and oral copulation and featured pornographic photos of
the Eberles.8
Writing in the same journal, Robert B. Rockwell
describes Finger as an "underground child pornography journal
. . . which contained nude photographs of them and their children."
Rockwell implies that he has seen copies of the issues of the
magazine that contained these alleged photos.9
In the book The Backlash: Child Protection
Under Fire ( )( ), John E. B. Myers questions the Eberles' use
of the term "benign pedophilia" to describe the context of the
charges against the McMartin defendants. In Politics, the
Eberles wrote:
They are charged with what are generally viewed as the most
loathsome acts in the entire penal code. There may be crimes of
greater magnitude, such as murder and high treason, but none
considered quite as detestable. There may be some forms of deviant
behavior equally raunchy, but they do not embody the violation of
the innocent and defenseless. The acts specified here are not
benign pedophilia. What these people are charged with is
the forcible rape of infants (italics added).10
Myers also stresses the Eberles' association
with Finger, stating that it:
. . . featured explicit articles, photographs, and drawings of
children involved in sexual acts, including sodomy and sexual
intercourse with adults and other children.11
Myers concludes that the Eberles' past
association with Finger reveals the real motivation behind
their use of the term "benign pedophilia," which Myers labels as an
oxymoron. Except for that "inadvertent reference," Myers complains,
"nothing in the book belies the Eberles' alignment with child
pornography."12
Defining Child Pornography
To determine if the Eberles were child
pornographers first requires examining contemporary cultural views
on pornography and human sexuality. Ann Wolbert Burgess, long
considered by her colleagues as a leading authority on the sexual
exploitation of children, cites J. S. DeLora and C. A. B. Warren,
who define pornography as:
. . . the written, visual, or spoken presentation of sexual
interaction or genitals . . . [usually for the purpose of
creating] . . . a blend of entrepreneurial economics and
sexuality; the making of money by the production and distribution
of depictions of sexuality that will sexually arouse the
consumers.13
Burgess also points to the general agreement
that "kiddie porn" needs to be eliminated:
Consensus is growing that strict laws are required to prevent
the use of children depicted in sexual acts and to punish
offenders . . . (Italics added).14
Did the Eberles Violate Child Pornography Laws?
LAPD vice cops made many fruitless attempts to
bring the Eberles to trial on obscenity charges. Former
Finger layout artist Bob Moritz recalls that the Eberles were
"pursued bitterly" by police in an effort to break them financially
and stop publication of Finger and the L.A. Star.
"Frequently, police cars would wait outside the building . . . and
give them parking tickets for pulling out without their turn
signals," Moritz recalls. The Eberles recall that police once seized
material from their Beverly Hills office, and they estimate that
they were arrested 30 times on obscenity charges that were all
dropped. But, among all the Eberles' above detractors, only Ms
magazine notes that years of surveillance by LAPD vice cop
Donald Smith failed to produce any evidence. "There were a lot of
photos of people [in Finger] who looked liked they were
underage," Smith claimed, "but we could never prove it."15
Smith's statement contradicts Fredrickson's unfounded claim that
Finger contained photographs of "sexually abused children."
Rockwell's suggestion that he viewed nude photos of the Eberles and
their children in Finger also seems disingenuous. Asked to
clarify his claim, Rockwell responded that "somebody" told him that
a picture he viewed (from Finger) showed the Eberles and
their children together naked in a sexual context. But Rockwell
said, in a telephone interview, that he forgot if the Eberle family
was actually identified in the photo's caption. "In good
conscience," he withdrew his claim.
No evidence of illegal child exploitation by the Eberles was
found on the pages of Finger or anywhere else. But their lack
of legal culpability doesn't necessarily shield them from moral
culpability.
Did the Eberles Sexually Exploit Children?
Finger magazine was published during the
tail end of great political and social change in America. Many
social scientists, physicians and other "sex experts" during the
1960s and 70s depicted sexuality in general as benign and healthy.16
Even juvenile sexual behavior was sometimes presented without the
obligatory "pathological consequences" or moral histrionics attached
to it today by most professionals.17
Okami sees the best-selling book Show Me: A Picture Book of Sex
for Children and their Parents ( ) (Fleishchhauer-Hardt & McBride, 1975) as
a manifestation of the rise and fall of that era of sexual
liberalism. Show Me contained photographs of nude children
and adults, including juvenile masturbation and intercourse, and was
widely praised by sex experts and mainstream media reviewers,
including Time magazine.18
It sold over 100,000 copies before its publisher issued a nationwide
recall in an effort to avoid prosecution on child abuse or obscenity
charges.19
Finger was a plebeian vulgarization of the
chic sex ethic expressed in the polished prose and professional
photos of the mainstream Show Me. It was also a natural
outgrowth of the Eberles' past association with the L.A. Free
Press, a radical left "underground" news weekly that flourished
during the late 60s and shared the Eberles' libertarian/utopian
philosophy of sex. The Eberles were, according to Moritz, "part of
that whole kind of nice hippie movement. They weren't mean
commercial people, and they weren't exploitative."20
Finger rejected the slick editorial trappings of standard sex
magazines in exchange for non-commissioned articles, illustrations,
and photographs by readers describing their sexual fantasies and
histories. Professional models, photographers, and writers were
rarely used, according to Moritz, and readers' stories were printed
as received, complete with typos and misspellings.
The sexual subject matter of those articles
covered a wide range: heterosexuality, homosexuality,
transsexuality, transvestism, bestiality, S & M, urination, and
exhibitionism. Readers also occasionally sent in stories about their
childhood sex experiences or fantasies with incest and pedophilia.
The theme that anyone can enjoy sex without shame ran throughout its
pages.21
Finger's wide variety of sexual histories provided a "copious
harvest of interesting information" that the Eberles had planned to
use in a book and which Shirley intended to use for a doctoral
dissertation in psychology. But as police harassment continued, and
concern over potential legal problems mounted, financial problems
ensued and publication of Finger ceased by the mid 70s. The
Eberles have not been involved with the publication of any newspaper
or magazine since the sale of the soft core L.A. Star several
years ago.
The Eberles emphatically deny ever having had
the slightest interest in any kind of sexual exploitation for either
personal or monetary gain. They also claim that they penned articles
in Finger and the Star denouncing the sexual
exploitation of children, including child pornography.22
If that is true, it is consistent with the fact that not a single
sentence in Politics or Abuse of Innocence could be
reasonably construed as condoning child abuse of any kind. According
to the Eberles, the term "benign pedophilia," noted by Myers, is
used in Politics to imply pedophile relationships in which no
sexual contact is involved, not to attribute a neutral moral value
as Myers implies.
In chapter one of Politics ("Child Abuse Goes Public"),
the Eberles carefully denounce past attitudes linked in the popular
literature to the suppression of child sexual abuse. They recite the
popular but flawed dogma that official response to child sex
molestation constituted, until recently, a cover-up. In that vein
they report, incorrectly, that "Until about two years ago stories
about sexual molestation of children were not seen in the daily
press (editors considered them unsuitable for publication in a
respectable, family newspaper) or on television." In Politics,
they cite the popular literature which states that child
molestation has been, until now (1986) "a well kept secret":
Child victims have been afraid to talk, and
the community has been reluctant to listen. Many child abusers
have been pillars of the community, men of power and influence,
while child witnesses lacked credibility. A number of books have
appeared in the past three years, authored by victims and
psychologists, telling us that the sexual abuse of children is far
more prevalent than most of us suspect, and that most of the
victims went through years of adult life without telling anyone
(p. 10).23
The Eberles also follow in lock-step the
popular dogma on Freud's treatise, the "Aetiology of Hysteria,"
offering it as proof that sex abuse is "extremely common" and is
"one of the major causes of hysteria and other mental illness."24
Faithfully referring to Jeffrey M. Mason's book, The Assault on
Truth ( ), the Eberles imply that Freud repudiated his
theory in the face of voracious professional opposition to it;25
hence the modern world was for a long time unprepared to deal with
the reality of child sex abuse. Thereafter, and continuing with
The Abuse of Innocence, the Eberles break ranks with their
critics by exposing and challenging the false theories and corrupt
actions of monomaniacal prosecutors and therapists.
The Vested Interest In Child Exploitation: Part I
A rational evaluation of the Eberles' past
association with "pornography" falls far short of damaging their
credibility as prominent muckrakers. Finger's mainstay was
adult-oriented material, not child sexuality. Depictions of child
sexuality, in whatever context or for whatever purpose, hardly
formed the axis of the magazine's sphere. Tyler's professional
assessment of the Eberles supposed profundity as (child)
pornographers is ludicrous, considering Finger's limited
scope and influence in an estimated $.5 million to $2 billion-a-year
industry.26
The child pornography smear seems to reflect the work of critics
who have been less than candid about their own vested interest in
child exploitation. The National Center's McCarthy-like attack on
the Eberles is more understandable when one examines its background
and finds that the Eberles far surpass the Center as objective
presenters of fact. As a subsidiary of the National District Attorneys
Association, the Center represents a powerful and reactionary
special interest group whose agenda seems to be to use innocent
children and adults to establish an inquisitorial system of justice.
The Center's newsletter, Update, provides pro-prosecution
analyses of McMartin, Kelly Michaels, Edenton and Souza notorious
sex abuse cases plagued by grossly unfair trials and "evidence"
based on improperly done child interviews and, in the latter case,
"repressed memories" as well. As a private, "non-profit,"
organization, the Center received $3,473,615 in federal grants
between 1985 and 1991 from the U.S. Department of Justice,
ostensibly to help prosecutors fight child abuse.
The Center's first major project was the
publication of a 508-page manual, Investigation and Prosecution
of Child Abuse, written primarily by former director Patricia
Toth. The first edition cost taxpayers $660,871 and was sold to
8,500 prosecutors nationwide.27
One of its chapters instructs prosecutors on "Exploitative,"
"Neutralizing," and "Destructive" tactics for cross-examining expert
defense witnesses in child abuse trials. Prosecutors are taught how
to use "confusion and delay," how to exploit defense witnesses who
are "honest, impressive, accurate and well liked by the jury" while
avoiding "risky questions," how to select pro-prosecution jurors and
how to appeal to their prejudices and sway them with irrelevant
issues. Prosecutors are also advised not to tape child interviews
lest the defense is able to point out improper interviewing
techniques that may have led to false charges of abuse.28
The Center provides prosecutors with dossiers and cross-examination
scripts to use during cross-examination of expert defense witnesses.
An accompanying list of 60 potential expert defense witnesses
includes the Eberles, even though they have never testified in a
child abuse trial.
Vested Interests: Part II
Child pornographers may be teachers, lawyers, doctors, law
enforcement officers, members of the clergy, laborers in sum,
child pornographers are from all walks of life. (Det. Toby
Tyler, in a prepared statement before the United States Senate
Committee on Governmental Affairs, Permanent Subcommittee on
Investigations, Nov. 28, 1984)
It is an unheralded but ironic fact that the
most enthusiastic and prolific purveyors of kiddie porn are
sometimes able to openly indulge in their crime by concealing it in
an evangelically thick wrap of sexophobia, including homophobia. By
the late 1970s and early 80s, former LAPD detective Lloyd Martin had
earned a national reputation for running a fanatical campaign
against homosexuals and pedophiles. During vice raids, Martin
confiscated alleged child pornography and stored it in his garage at
home.29
He stirred public outrage during lectures to citizen groups by
showing them samples from his stockpile, referring to the boys and
girls within as his "children."30
In 1981, Martin made almost $9,000 for his private "non-profit"
foundation from solicitations made at such meetings.31
Martin reportedly brought "hundreds" of kiddie
porn magazines to a 1981 University of
Boston Nursing School symposium on child sex abuse. The
symposium was attended by prominent child sex abuse experts from
across the country, including future McMartin legends Dr. Roland C.
Summit and Kee MacFarlane.32
During his keynote address to the conference, according to
witnesses, Martin showed slides of sex between gay adult males,
including scenes of "fist fucking." He also walked among the
audience with photos of an exploding enema type of device that he
named "Big Bertha The Balloon Buster." This device, he explained,
was placed in a man's anus by boys to help the man realize a
masochistic sex fantasy.33
But the prurient pinnacle of the conference was
a slide presentation by Dean Ann W. Burgess, of UOB's School of
Nursing, accompanied by photographic duplicates passed around the
dinner table. Some children were shown in outdoor settings, others
were urinating, and about a dozen more slides showed boys with
erections, during acts of mutual masturbation, and in oral
copulation. Burgess offered her expert analysis of the slides:
Pedophiles seem to prefer red underwear and bathing suits on boys;
several photos of boys wearing Halloween masks signifies a pattern
of secrecy and sadomasochism; pedophiles like skinny boys because
they [the pedophiles] are fat and like to fantasize about being
skinny; the reason the boys in the photos appear to be smiling is
because they have been drugged and queued, a common pedophile
procedure; the outdoor nude scenes of boys are "very frequent" and
indicate that "they [pedophiles] always want them outdoors."
Burgess's remark, accompanied by a slide of two boys urinating, that
child porn distributors received lots of orders for pictures of
"golden showers" resulted in locker room laughter and vulgar remarks
from the audience.34
Commission members, invited experts, and lay
people alike viewed pornographic slides of children at public
hearings held by the Meese Commission on Pornography in 1985, in
Miami, Florida. Among the commission members who were allowed to
hold and view slides of naked boys was anti-porn-pedophile-gay
rights crusader Father Bruce Ritter, who five years later was forced
to resign as head of Covenant House, a global
chain of runaway child shelters that operated on an $85 million
annual budget, after being accused by former boy residents of
sexually molesting them.35
During a 1992 lecture at an international child
abuse convention in San Diego, California, Toby Tyler showed slides
and passed around copies of photographs of young children depicted
in a hard core sexual context.36
One of the photograph/slides showed a completely naked 13-year-old
girl smiling as she exposed her vagina to the camera in a spread
eagle fashion. Another photograph/slide showed two naked boys,
approximately 12-years-old, performing oral sex together.
The practice of pedophiliac voyeurism sharply
contrasts with the popular image of law enforcement and mental
health professionals as trusted protectors of children. Had Tyler
forgotten his own words, given to Congress eight years earlier?:
"Perpetuating the sexual victimization of children is the most
insidious purpose of child pornography."37
At a 1977 Congressional hearing on child exploitation, Det. Martin
testified that adult/child sex was a crime "worse than homicide,"
reasoning that at least death doesn't "destroy the boy's soul."38
In Boston he said that child pornography "is the ultimate crime" and
that pedophiles should be locked away forever because they are
incurably sick people who destroy "the boy's soul."39
But how did Martin's present behavior differ from that of such
pedophiles? At the same conference, a photograph of a nude teenage
girl was accompanied by the following moral refrain: "How ashamed
she will be when she is a grandmother to know this photograph was
taken. This damage is forever."40
If that was true, why was the girl's photograph being shown at that
time?
Why Do They Do It?
What was the purpose of showing large audiences pornographic
photographs and slides of identifiable and underaged children?
Scientific discourse? Moral reform? Burgess's banal analysis of
child erotica, accompanied by adolescent remarks from her colleagues
and Martin's "Kiwanis-circuit" antics, gave the Boston conference
the air of a stag show more than of a scientific symposium. It is
doubtful that the highly politicized Meese Commission's public
examination of naked children led to a rational discussion of or a
reduction in child exploitation. And it is difficult to fathom how a
child's dead "soul" or lost self-esteem, presumably the result of
inclusion in child pornography, can be restored when child victims
know that their bare photographic images will forever be vulnerable
to intense scrutiny by people who publicly vilify those images for
serving, to use Tyler's words, an "insidious purpose."
Expressing moral indignation over kiddie porn
may be the most efficient form of political pandering, but it is
also a sure fire way to act out deviant behavior behind the
righteous shields of "feminist" or "family values" which preach that
most sex is bad. Unfortunately, sex research indicates that teaching
authoritarian sex-negative values, which form the basis of sexual
purity crusades, actually encourages indulgence in taboo sexual
practices.41
Tyler's pedo/child pornographer typology and Father Ritter's fall
from grace, not to mention countless other sex scandals involving
moral monomaniacs caught, so to speak, with their pants down,
strongly suggest that anti kiddie-porn caucuses tend to reinforce
thinly disguised and sexual apostasy.
But spurious moral posturing and political
pandering that legitimize the revictimization of defenseless
children are only part of the equation. Overtly or obliquely blended
into the mix is, to paraphrase the Eberles, "racketeering," or in
Burgess's words, cited above: "entrepreneurial economics: the making
of money by the production and distribution of depicting of
sexuality that will arouse the consumer." One great inspiration for
the 1981 "Conference on Child Victimization" was provided by the
landslide election of Ronald Reagan, who won by pandering to the
sexo/homophobic "Moral Majority" and by promising to make severe
cuts in social spending. Conference speaker Kee MacFarlane, soon to
be axed from her job as a "child sexual abuse specialist" at the
federal National Center on Child Abuse and Neglect, smartly raised
the suggestion that Reagan might be more likely to fund child
molestation projects that emphasize the involvement of law
enforcement agencies.42
As a former grant application reviewer for the U.S. Justice Department's Law
Enforcement Assistant Administration, MacFarlane knew what she was
talking about.43
In 1982 MacFarlane moved to Children's
Institute International (CII), a Los Angeles agency that treated
abused and neglected children. Her job was to write grant proposals
for the struggling agency and run its fledgling sexual abuse
diagnosis and treatment center.44
A short time later, MacFarlane also began work as a federal grant
proposal reviewer for her former employer, the National Center on
Child Abuse and Neglect.45
MacFarlane's blend of political prowess and economic
entrepreneurship created a toxic social potion that would eventually
turn the name of a respected Southern California preschool into the
symbol of the most notorious American "witch hunt" since Salem. The
evolution of the so-called McMartin preschool case and the
ascendancy of (CII), the agency under MacFarlane's direction, put in
charge of interviewing the alleged child victims, is a classic
example of the child pornographer's seduction techniques, and the
entrepreneur ethic, in action, as outlined by Tyler, Burgess and
other experts on pedophilia.
At first, the children must be drawn into the
web of a perpetrator who has gained their trust. Then they must have
their inhibitions carefully and methodically lifted. "Child
molesters," Tyler told U.S. Senate investigators in 1984, "are known
to relate in a child like manner to their target victims and
frequently use an 'exploration' type approach to exploit their
victims." Tyler also stated that:
The typical child exploiter will befriend the potential victim
. . . and after establishing a trusting and "affectionate"
relationship, will introduce the child to "kiddie porn." . . . The
purpose of these methods of instruction to "kiddie porn" is to
lower the inhibitions depicted in the material and to entice the
child into participating in similar activity.46
No one mimics Tyler's perpetrator typology more
snugly than Kee MacFarlane, who was once praised by Dr. Roland
Summit, the well-known child molestation expert, for her "motherly,
down-to-earth reassuring method that allows a child to trust her."47
In fact, MacFarlane's method of establishing trust with children and
using that trust to maneuver and entice them would be the envy of
the most skilled pedophile.
CII therapists began exploiting the McMartin
children with a clever version of the exploration technique noted by
Tyler, by drawing a human figure and bringing the sexual body parts
to the special attention of the children. "Anatomically correct"
dolls were then introduced to the children along with hand puppets.
As this process continued, MacFarlane and other CII therapists
interacted with the children as puppet characters, play acting in a
"silly" manner, while quickly gaining their trust.48
Once the trust between child and therapist was established, the
children were ready to be enticed, or, in a manner consistent with
Tyler's thesis, the children were ready to be "tricked, coerced, or
'seduced' into participating in the production of child pornography
. . . "49
MacFarlane's motherly manner then worked its
magic. "She teases the information out," Summit noted, "while other
therapists either discredit the child's assertion or assume it will
come out spontaneously."50
Working frantically, at an average of two hours for each child and
rarely taking "no" for an answer, the CII therapists, while leading,
tricking, seducing and, some would argue, coercing, taught many of
the children what semen might look, feel, and taste like and that
sex was bad.51
When the CII therapists finished taking almost 400 children
through the seduction process, they had in less than four months out
done even the most prolific serial pedophiles and child pornography
rings in the production and distribution of child pornography. That
process was augmented by television and print journalists who wet
the palates of their viewers and readers with generous portions of
outrageously hyped stories recounting the sadistic sex fantasies
created by CII therapists.
The most helpful media promoter was Wayne Satz,
MacFarlane's new boyfriend and the reporter who broke the McMartin
story for television KABC's "Eyewitness News" in
Los Angeles.52
About 10 years before McMartin, Satz had been a suspect in another
sex scandal, the Hillside Strangler case, much more grisly than
McMartin because it had 10 real multiple victims all women. The
suspicion of Satz was based on reports from prostitutes who
allegedly encountered his sadistic and "satanic" sexual demands and
noted his intense interest in the Hillside corpses.53
His tabloid style serial reporting of the grisly accounts of child
rape, pornography and animal mutilation provoked a copycat media
reporting frenzy that made the innocent McMartin defendants infamous
while lionizing MacFarlane as the savior of sexually abused
children.
The media was also helpful when MacFarlane used
those fantasies, coupled with scare tactics, at a nationally
televised hearing before Congress, to appeal for more funds for her
struggling agency.54
The ruse succeeded and CII began raking in millions of dollars more
annually in government and private grants, making the agency, by
far, arguably the most profitable child exploitation/kiddie porn
ring in the history of Western Civilization.55
If the McMartin defendants had been found
guilty of operating the lucrative child exploitation/kiddie-porn
ring the District Attorney accused them of operating, they would
have been sentenced to numerous consecutive life sentences.56
The necessary evidence was never found and there is absolutely no
reason to believe that it ever existed. But the McMartin defendants
spent from months to years in jail and lost their life savings
before being freed. For pointing that out, the Eberles have been
vilified by real child exploiters, "The Racketeers," who hide behind
hypocritical rhetoric as they continue, with impunity, to commit
heinous crimes against children and adults.
Endnotes
1 See John Earl, "The
Dark Truth About 'The Dark Tunnels of McMartin,'" Issues In
Child Abuse Accusations 77(2)
(Spring 1995), pp.
123-35; See also The Backlash: Child Protection Under Fire
( )( ), John E. B. Myers (Ed.), Thousand Oaks: Sage Publications, 1994. [Back]
2 "Whose Politics?" Update, May,
1988. [Back]
3 Patricia Toth, Facts, Fallacies and Hidden
Agendas: Current Issues in Child Abuse Intervention 1990. (Tape
recorded speech in author's possession.) [Back]
4 Debbie Nathan and Mike Snedeker, Satan's
Silence ( )( ), New York: Basic Books, 1995, p.
236. [Back]
5 Based on Toth's remarks at 1990 convention
op. cit. and Jan Hollingsworth, "Suffer The Children," The Tampa Tribune, July 25,
1993. [Back]
6 Jan Hollingsworth, "Suffer The Children," The Tampa Tribune, July 25,
1993. [Back]
7 Copy of a letter (in author's possession)
signed by Renee Fredrickson, Ph.D., Licensed Psychologist, August
16, 1993. [Back]
8 Lloyd deMause, "Why Cults Terrorize and Kill
Children," The Journal of Psychohistory, 21(4), Spring, 1994,
p. 506. [Back]
9 Robert B. Rockwell, "One Psychiatrist's View of
Satanic Ritual Abuse," The Journal of Psychohistory, 21(4),
Spring, 1994, pp. 450-451. Rockwell misnames the Eberles' first book
on the McMartin case, The Politics of Child Abuse, as Pity
the Little Children: The Politics of Child Abuse. In footnote #
7, Rockwell states, "I have seen copies of Finger at various
conferences on Child Abuse." This footnote is Rockwell's reference
for the assertion that the magazine contained nude photos of the
Eberles and their children. [Back]
10 Paul and Shirley Eberle, The Politics of
Child Abuse ( ), Secaucus: Lyle Stuart, Inc., 1986, p. 18,
cited in Myers, op. cit. p. 99. [Back]
11 Ibid. p. 18. [Back]
12 Ibid. p. 18. [Back]
13 Delora and Warren, "Understanding Sexual
Interaction," pp. 332-333; cited in Ann Wolbert Burgess,
Psychiatric Nursing in the Hospital and the Community ( )( )( )( )( ), Englewood Cliffs, NJ: Prentice Hall, 1981, p.
169. [Back]
14 Ibid, pp. 169-70. [Back]
15 "A Strange Pair of Experts," Ms. (December 1988).
[Back]
16 Paul Okami, "Child Perpetrators of Sexual
Abuse: The Emergence of a Problematic Deviant Category," Journal
of Sex Research, 29(1), 1992, p. 109-130. [Back]
17 Ibid. [Back]
18 Ibid. [Back]
19 Ibid; In a telephone interview with
the author (September, 1995) Paul Eberle stated that the photography
referred to by Rockwell was, to the best of his recollection,
probably reproduced from Show Me. [Back]
20 Telephone interview with the author
(approximate date, December 1990). [Back]
21 As is shown in this editorial appeal for
reader material that appeared in issue Number 7, viewed by the
author: "Yes, dear reader, take up your pen, your camera, the
microphone of your cassette recorder, and write us a letter . . . No
more glossy, air-conditioned, slick, un real supermarket-jet set-sex
magazines. No more big photo studio's (sic) with carreergirls (sic)
on the go in big glass & steel offices. . . . Just plain folks
like you and me. Just act normal, that's crazy enough already. You
can do everything in Finger that you want to do. That's why
you can expect anything in this fast growing Fanzine . . . If you
make a horny tape at home and send it to is, you can be on one of
the next Finger tapes. Yes we're are all stars in
Finger. If you (sic) kids make porno drawing (do you get it
on with them?) send them to us. If you have a private jerk-off
photo-collection share them with us, we love to see the pics that
got you off. If you think you're too far out for daylight . . .
Finger is wide open for you. Take up your instamatic or Nikon
and we will tell you how to make you (sic) own photo's (sic) and
have fun. Just turn the page and enter our family." A sampling of
the same issue includes the following articles: "How to make your
own photographs while being sucked and fucked in them"; "Betty Loves
you," the self-described saga of a happily married middle-aged woman
of the joys that she and her husband receive when he watches her
have sex with other men (complete with explicit photographs); "Joy
and Willem Tried it in L.A.'s Rush Hour: It's Great, It's Safe," a
how-to article (with photographs) by a husband/wife team describing
the joys and frustrations (nobody noticed them) of having
exhibitionistic sex while driving along Santa Monica Blvd. during
the rush hour; "Karen and Brad," a photo essay of them making love;
"Make Yourself An Altar And Pray For Lana's [Lana Turner's]
Panties," in the "Religion" section; illustrations from a book by
Marquis de Sade; and, in "The Amputee Section," an article with
photographs called "Love Without Arms," about women amputees who
enjoy a full sex life.
Finger was laced with raw humor and occasional satire. The
"Religion" and "Amputee" sections, for example, satirized Time magazine's
compartmentalization of news issues. The Eberles themselves got into
the act when they posed for the cover photo that showed them each
smiling and holding, but not copulating with (contrary to
Hollingsworth's assertion) life-size inflatable "human" dolls.
[Back]
22 Interview with Paul and Shirley Eberle,
October, 1995. [Back]
23 Extra familial, if not intrafamilial, child
sex abuse was no secret to J. Edgar Hoover and the popular media,
however. In the 1960s J. Edgar Hoover warned America's adults and
children about the dangers of strangers and child molesters, who
were often regarded as one and the same. A "clip and save" article
written by Hoover, "Warning To U.S. Teenagers," advises teenagers
"Don't invite trouble! Here are ten rules that every parent should
make sure his youngster knows." Hoover suggested that young people
report improper advances from strangers and pornography owned by
their friends, and that they avoid suggestive clothing, hitchhiking
and blind dates. Other advice included staying with the group at
outing, avoiding "lovers' lanes," and being fully dressed at home in
case of peeping toms. Hoover's advice was aimed mainly at teenage
girls, but Hoover and the popular press in general in the 50s and
60s were concerned for children of both sexes and all ages. An ad by
the Laura Scudders potato chips company showed a young boy making
the Cub Scouts' two fingered honor salute and saying "I promise
never to accept rides from strangers." In a 1961 Los Angeles
Herald & Express article, Hoover is quoted, warning parents
about the danger to boys and girls of "sex offenders." He also
railed against alleged parole board leniency that allowed a
convicted rapist to go free. The article also highlights a program
that designates certain houses along a child's school route as
places "where youngsters may seek assistance should they be accosted
by a stranger.
During the 1950s, newspaper headlines and articles about "child
molesters," "sex offenders," or "sexual psychopaths" who victimized
either boys or girls were common. An unscientific sampling of those
stories, mostly from the mid-50s, attributes most attacks to
strangers, but also mentions the potential danger from neighbors,
family friends, teachers and other respected professionals or, least
frequently of all, members of the family.
There was also concern about the treatment of child
witnesses/victims of sex abuse and their reliability. An article in
the Los Angeles Mirror News, July 28, 1955 "COURT SCORES
D.A., FREE CHILD WITNESS," summarizes the conflict between the
District Attorney and the District Court over the juvenile court's
handling of an 8-year-old girl who had allegedly been molested by
her grandfather. After the grandfather was arrested for the alleged
molestation the juvenile court took custody of the girl and
institutionalized her with the justification that her parents might
influence her to deny the alleged molestation.
The juvenile court denied the parents' appeal to have her freed
on a writ of habeas corpus. However, the District Court overruled
the juvenile court, stating that it had no right to detain the minor
simply to use her as a witness, and accused it of "delay, evasion,
opposition and lack of cooperation" for refusing to disclose the
girl's location or return her to her parents.
Other articles detail other child abuse-related issues that are
also hotly debated today. One refers to a defendant who was freed
because the 5-year-old child witness against him was crying too much
to testify; a judge later recommended that a grand jury be convened
in a child abuse case involving three men in order to "eliminate the
necessity of child victims of sex crimes testifying at preliminary
hearing . . . where they are subject to cross-examination."
A 1956 Mirror-News feature article on child molestation
quotes a spokesperson for the sheriff's juvenile division claiming
that "Contrary to what the public thinks, children are often much
better identification witness than adults." The same article quotes
a Beverly Hills psychiatrist, Dr. Frederick J. Hacker, who advised
police to "modify their questioning of young victims and wherever
possible have trained social workers conduct such interviews."
[Back]
24 Paul and Shirley Eberle, The Politics of
Child Abuse ( ), Secaucus: Lyle Stuart Inc., 1986, pp.
10-11. [Back]
25 The controversy overshadows the more salient
fact that to this day there is little scientific evidence to support
either the seduction theory or the Freudian concept of repression,
both of which nevertheless figure prominently in today's community
of recovery therapists who treat children and adults who supposedly
repressed memories of ritual sexual abuse at the hands of their
parents or other adults; See John F. Kihlstrom, The Recovery of
Memory in the Laboratory and Clinic, paper presented at the 1993
joint convention of the Rocky Mountain Psychological Association and
the Western
Psychological Association, Phoenix, April 1993. Copy in author's
possession. [Back]
26 Det. Bill Dworin, Los Angeles Police Department,
testimony before the United States Senate Committee on Governmental
Affairs, Permanent Subcommittee on Investigations, Nov. 28, 1984, p.
45.; see also, Lawrence A. Stanley, Esq. "The Hysteria Over Child
Pornography And Paedolphilia," Paidika: The Journal of
Paedophilia, Autumn 1987, no. 2. [Back]
27 United States
Department of Justice, (Grant no. 86JNCXK001) PAL Report 101,
July 9, 1991. [Back]
28 Debbie Nathan and Mike Snedeker, op.
cit. p. 226. [Back]
29 "Officer Finds FameΡand Misfortune," Los Angeles Times, April 28,
1982. [Back]
30 Ibid. [Back]
31 Ibid. [Back]
32 Pan #8, April 1981; "NAMBLA Vs. The
Mega-Erotophobiacs," an account of the event by Tom Reeves and
Mitzel. [Back]
33 Ibid. [Back]
34 Pan, op. cit. [Back]
35 As reported to the author by Daniel Tsang,
author and Social Sciences Librarian for the University of California at Irvine,
who also attended the conference; The Guide, 10(3), March,
1990. [Back]
36 Witnessed by the author at The 1992 San Diego
Conference on Responding to Child Maltreatment, In Cooperation With:
American Professional Society on the
Abuse of Children, Barbara Sinatra Children's
Center at Eisenhower, and the California Professional Society on
the Abuse of Children; Sponsored by the Children's Hospital of San Diego. A
workshop on "Computerized Solicitation of Children for Sexual
Exploitation," with Toby Tyler and Pete Zadorozny. [Back]
37 Prepared Statement to The United States
Senate Committee on Governmental Affairs, Permanent Subcommittee on
Investigations, November 29, 1984, p. 100. [Back]
38 U.S. House Committee on the Judiciary, Sexual
Exploitation of Children: Hearings Before the Subcommittee on Crime,
95th Congress, 1st session, 1977. [Back]
39 Mitzel, op. cit. [Back]
40 Ibid. [Back]
41 For example, the view of Dr. John Money, a
leading expert on pedophilia, whose studies show that sex criminals
were often raised in sexually repressive families. Money states that
". . . current repressive attitudes toward sex will breed an
ever-widening epidemic of aberrant sexual behavior." Quoted in the
New York Times, January
23, 1990 and cited in Marcia Pally, Sense & Censorship: The
Vanity of Bonfires ( ), New York: Americans for
Constitutional Freedom and the Freedom to Read
Foundation, 1991, p. 126. [Back]
42 Mitzel, NAMBLA Vs. The
Mega-Erotophobiacs: The Confrontation between Sexual Freedom &
Sexual Repression at the Conference on Child Victimization:
Pornography, Prostitution & Sex Rings; Boston University School of Nursing,
Boston, March 12, 1981. No date. Copy in author's possession.
[Back]
43 Kee MacFarlane's Curriculum Vitae, copy in
author's possession. [Back]
44 Kee MacFarlane, Curriculum Vitae, copy in
author's possession; John Earl, "The
Dark Truth About 'The Dark Tunnels of McMartin,'" Issues In
Child Abuse Accusations, 7(2), Spring 1995, p.
80; Debbie Nathan and Michael Snedeker, Satan's Silence,
New York: Basic Books, 1995, p. 77: Nathan and Snedeker report that
when MacFarlane arrived at CII, one to two children a week underwent
diagnosis at its sexual abuse unit. [Back]
45 Kee MacFarlane, Curriculum Vitae, copy in
author's possession. [Back]
46 Prepared statement to the United States
Senate Committee on Governmental Affairs, Permanent Subcommittee on
Investigations, Nov. 28, 1984, p. 100. [Back]
47 Los Angeles Herald Examiner, April 8,
1984. [Back]
48 Paul and Shirley Eberle, The Abuse of
Innocence ( ), Buffalo: Prometheus Books, 1993,
p. 245. [Back]
49 Toby Tyler, op. cit. p. 101. [Back]
50 Los Angeles Herald Examiner, April 8,
1984. [Back]
51 Paul and Shirley Eberle, op. cit.
[Back]
52 See David Shaw's Los Angeles Times series on
McMartin media coverage, beginning January 19, 1990. [Back]
53 Defense investigator's report to Daniel
Davis, attorney for Raymond Buckey. [Back]
54 John Earl, op. cit., p. 80. [Back]
55 Ibid. [Back]
56 Ibid., p. 80: The terms ranged from 96
to 776 years; "Pornography Was Main Aim of Preschool, D.A. Charges,"
Los Angeles Times,
March 28, 1984. Deputy District Attorney Eleanor Barrett stated that
the school's owners and teachers sold "millions of child pornography
photographs and films" and that "It was abundantly clear that all
income from the operation of (this) school was a fraud upon parents
of the enrolled parents." No pornography was ever found, despite a
massive search. [Back]
John Earl is a freelance journalist.
He contributed research material used in The Abuse of
Innocence ( ) by Paul and Shirley Eberle.
He is currently working as a researcher and organizer for a
union, and can be contacted through the CompanyLongName,
CompanyAddress1,
CompanyAddress2.
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