is not going to accuse anyone."
Tape-Recorder
The 9-year-old boy goes up to Winchester with grandfather and they
undress.
Argument
No notation in DSS notes on in whose custody the boy is conducting
inappropriate behavior (grandfather). No pursuit of information
regarding whether the disrobing occurs with female or male friend, nor
why. No further investigation of Sam and/or other grandfather.
11. Social Services (DSS) Notes
"He was asked how he feels about taking a polygraph." He responded by
saying that he has been told they are not foolproof. Detective Johnson
explained that they are done by the Virginia State Police and the
process. He stated, "maybe on the polygraph."
Tape-Recorder
Detective Johnson talks about getting the "best polygraph expert" and
Mr. Smith states, "I don't think I'll take a polygraph."
Argument
Polygraphs are unreliable. Raising the issue of polygraph, and
willingness to take the same, taints the report, and should be
completely irrelevant. Mr. Smith clearly states, "I don't think I'll
take a polygraph." There was no "maybe." (Perhaps a new colloquial use
of phrase "maybe on," a bureaucratic neologism introducing much
ambiguity.)
12. Social Services (DSS) Notes
"He thinks that Sue is conniving enough to do this to get him. When
she gets angry she'll do anything."
Tape-Recorder
Daughter-in-law wanted him out of the house a month ago.
Argument
Again, DSS notes show Mr. Smith believes Sue may have planned the
event; however, no mention in notes regarding Sue's motives.
13. Social Services (DSS) Notes
No data in notes.
Tape-Recorder
Again, Mr. Smith reports Sue to have been molested at age 3 and her
sister molested at age 13.
Argument
No steps taken by DSS to pursue the impact upon Sue (abused become
abusers?), the perpetrator back then, and whether that perpetrator
also had access to this child.
14. Social Services (DSS) Notes
"Clyde _______ has a history of molesting Sue."
Tape-Recorder
Mr. Smith did not have Clyde's last name; however, he was assured "we
can get his name from her (Sue)."
Argument
Mr. Smith did not know the other suspect's name as of December 3,
1992. He was assured that the social worker would get the name from
Sue. However, no entries in remainder of DSS notes reflect that any
steps were taken to secure the name of other suspect. In fact, Mr.
Smith phoned in name, address (but not phone number) of other
potential suspect. No criminal record or other search done, as
reflected in DSS notes. In any case, acts of sexual abuse would have
pre-dated sex-abuse registry.
15. Social Services (DSS) Notes
No mention of recent exposure to Clyde _______.
Tape-Recorder
Mr. Smith advised that Mr. Smith, Jr. said Sue took Betty to step-
grandfather since the last interview (11/16/92).
Argument
From December 3 on, until completion, the DSS notes reflect no
interview or discussion regarding Sue Smith's sexual abuse, or who, if
anybody, was perpetrator; and whether that perpetrator might also have
access to Betty. Mr. Smith, Jr. was not interviewed at all, after Mr.
Smith, Sr. provided this information on December 3, 1992.
16. Social Services (DSS) Notes
No mention of step-grandfather also being called "pop pop."
Tape-Recorder
Mr. Smith advised that the step-grandfather is also called "pop pop."
Argument
Again, the possibility of another individual being the perpetrator of
these alleged offenses was omitted from the DSS notes, and no apparent
efforts were made to interview, investigate, or proceed with such
investigation.
17. Social Services (DSS) Notes
No entry on DSS notes.
Tape-Recorder
Mr. Smith again stresses that he brought these allegations to the
attention of Mr. Smith, Jr. He questions why he would do so, if he was
the perpetrator.
Argument
No reference whatsoever to this curious query, or who originally
reported the statement from Betty, in DSS notes. We are left to assume
that Sue made the first complaint. However, this assumption is in
error. Again, Mr. Smith, Jr. not interviewed by DSS after release of
this information on December 3, 1992.
18. Social Services (DSS) Notes
No entry on DSS notes.
Tape-Recorder
Mr. Smith assured by social worker, "we'll talk to half of Virginia"
to get to the bottom of this.
Argument
Again, Mr. Smith assured that pertinent parties all involved would be
interviewed. However, many important parties, leads, and arguments not
pursued by DSS.
19. Social Services (DSS) Notes
No entry on DSS notes.
Tape-Recorder
Mr. Smith assured that it is "easy to trip up a kid." They will repeat
over and over, "the sky is not blue."
Argument
DSS notes reflect one interview with Betty, which occurred one day
after the alleged complaint. The notes reflect that the interview with
Betty was extremely short. Again, Betty allegedly states that "pop pop
hurt her there" ("pee pee"). Betty then allegedly went on to say,
"'Pop pop' lives in there." (She pointed to his bedroom.) She failed
to answer a direct question regarding whether "pop pop hurt her."
Contrary to the assurances given to Mr. Smith, no thorough interview
or investigation of the child's complaints was conducted. There was no
questioning of the child regarding the other "pop pop." There was no
questioning who had contact with the child, and what was said and done
in between the first revelation by the child (11/12/92) and the
interrogation date of 11/16/92.
VIRGINIA STATE BAR FAMILY LAW NEWS DISCLAIMER: ITEMS IN FAMILY LAW
NEWS ARE NOT TO BE CONSIDERED LEGAL ADVICE OR TO CREATE ANY LAWYER-
CLIENT RELATIONSHIP. MOST ARTICLES INCLUDE SOME OBSOLETE INFORMATION.
IN ADDITION, TAKING ANY LEGAL INFORMATION OUT OF CONTEXT, I.E., USING
IT IN A DIFFERENT COURT OR A SUBTLY DIFFERENT KIND OF CASE, OR WITHOUT
THE TRAINING TO UNDERSTAND ALL OF WHAT IT MEANS OR DOING RESEARCH TO
VERIFY IT, USUALLY HAS DISASTROUS CONSEQUENCES.
--- FMail/386 1.0g
(1:2629/124)
---------------