Opening Statement of Deputy District Attorney Lael
Rubin:
"Your honor, ladies and gentlemen, this is a case about trust
and betrayal of trust . . . trust placed in the hands of Ray Buckey and
Peggy Buckey. Parents who will testify will tell you. . . they didn't
ask about activities that were going on at the preschool. They didn't piece
together the clues they were getting from their children. These parents
will tell you they now understand the importance of listening. The case
contains one hundred felony counts of Section 288-A and B, and one count
of conspiracy...."
"Betrayal! These innocent children placed their trust in these
two teachers and the teachers betrayed them. . . . One mother observed
her two daughters performing oral copulation on each other. Another mother
saw a sore rectum in her child. She will tell you she did not want to go
to school, did not want to sit on her father's lap and that she ran through
the house singing. 'What you see is what you are/ You're a naked
movie star.'
"One mother will tell you that she saw her daughter masturbating
with a wooden pole. One mother will tell you that her children had nightmares.
One mother will tell you that her child had a rectal fissure. Another mother
will tell you she saw bloody stools when her child went to the bathroom.
Then, the people will ask you to bring back verdicts on all one hundred
counts.... "
Opening Statement of Dean Gits, Defense
Counsel for Peggy McMartin Buckey:
"Ladies and gentlemen, yesterday, Miss Rubin told you this is
a case about trust. I'm here to outline Mrs. Buckey's defense. This is
not a case about trust. This is a case about victims. It is your job to
decide who are the victims, and what I call 'the enemy....' "
"It is the theory of the defense that all these people are victims.
There is one more victim I will not name, but before this case is over
you will know who he is."
"You will come to know Mrs. Buckey. You will find out she is not a perfect
person. Some say she talks too much, that she is nosy. But under all of
it you will see a warm and kind heart. You will come to know that Mrs.
Buckey does not molest children. She loves children. You will come to know
that Mrs. Buckey does not slaughter animals. The D.A. seems to talk about
games and mentions that someone dug up a lot, and someone left the school
with a bunch of boxes, suggesting that pornography was somehow secreted.
You will come to know exactly what was taken out. Also, you will
come to know the money that was spent and the people utilized. It's
what I call the nonevidence in this case."
"The people interviewed included 450 children and 150 adults.
Also, forty-nine photo lineups were prepared, bank account records were
seized and examined. Eighty-two locations were photographed, one church
was investigated. Three churches were implicated, two food markets, two
car washes, two airports, and one national park. Thousands of pornographic
photographs and movies, confiscated by police, were examined in a search
for pictures of the McMartin children. Laboratory tests were conducted
of twenty blankets from the school, children's clothing, sheets, rags,
and a long list of other items, including mops, kitchen rags, notebooks,
soil samples, sponges, animal bones, quilts, underwear, and an archeological
dig was conducted.
"All of these investigations came up negative. They were looking
for secret tunnels, trap doors. They conducted surveillance of Ray Buckey,
his family, and friends, which consumed 135 hours. They consulted with
a
satanic expert, U.S. Customs agents. They contacted pedophiles; they
checked real estate records, utilities records, relatives, friends, associates
of the Buckey family, other possible offenders, vehicles, uncharged suspects.
"They attempted a pornography buy. All of this cost more than one million
dollars. The results? Zero! We believe the money was well spent. It was
well worth it. Everything they investigated and found nothing-- [this is]
defense
evidence! It was well worth it.
"Between August 17 and September 7, 1983 . . . Detective Hoag will tell
you she contacted twelve families, and you can imagine what impact that
would have. But the result of the investigation was zero molestation. Peggy's
name
was never mentioned. So, as of September 7, 1983, there was no molestation.
There was a search, and the purpose of the search was to find pornography.
So she executed a search warrant. A letter was sent out stating that Ray
Buckey was arrested for child abuse. It told the parents 'ask your
child. . . .'As of that date, nobody indicated any molestation was going
on at that school.
"Within the CII structure, many things happened that you have to know.
. . . And when Kee MacFarlane said a child had been molested, the mother
would talk to another mother. . . . The interviewers gave the parent a
nine-page questionnaire, and while the parent was filling out the questionnaire,
they took the child into a separate room and interviewed the child for
an hour, or two hours!
"You need to look at that tape carefully. . . . Why did the parents
take their children there? They were told that they were experts. They
had an impressive building. They had a separate unit called 'Child Abuse
Diagnostic Center.' These people must know what's going on. The parents
were told and believed they were experts.
"The interviewer in every case walks in the door and says, 'Mr. and
Mrs. [Parent], I have some bad news for you. Your child has been molested.'
You will see the tape. Each and every parent was told, 'You have to be
supportive
of the child.' It is hard to disagree with that, but the result is
that it reinforces the child.
"And they wouldn't look at the whole tape. They would fast-forward so
that the parents never saw the denials. . . the parents were convinced
that it happened. . . . The child gets love and affection. You will see
that they were referred to a therapist. One of those people was an employee
of the very agency that did the evaluation, connected ideologically. .
. .
"The involvement of the CII didn't end there. They brought in an employee
of CII, Dr. Heger. She will testify her findings. She will conclude [that]
they are consistent with sexual abuse. She will testify the children were
molested ....Medical evidence does not exist."
"You will find further reinforcement of the child. . . . It provides
a bonding with other families. They have been told and they believe their
children were molested in these cases.
"You will see from the tape how [a child] testified in the preliminary
hearing that she was locked in a closet. There are no closets in the preschool!..."
"You will see how easy it is to think that constitutes evidence of molestation.
So simple. So easy. You will hear of trips away from the school and the
problem of maintaining the school while all the teachers are away molesting
entire classes. The parents did come and go, and yet you will hear of entire
classes molested. The 'Naked Movie Star' game. Each of thirteen children
spoke of this and not one played the game the same way."
"Why were the Manhattan Beach Police, and CII victims? Because they
believed in what they were doing. They were not entirely victims,
because they should have known better.
"There is one more victim, and that last victim is the same as the enemy.
And when you get to know this person you will have solved this case."
Opening Statement of Daniel Davis, Defense
Counsel for Raymond Buckey:
"Good morning, ladies and gentlemen....I have heard negative things
about betrayal of trust. There was something very, very wrong about what
happened. The truth never really had a chance because children were artificially
traumatized by interviewers into falsely believing they were molested.
"The evidence itself will be a source for you to decide. There are people
who are primarily responsible for what is very wrong in this case. . .
. What is the effect of telling parents that their child has been molested?
If the child has not been molested, could you ever convince the parents
thereafter that the child was not molested? Can winning a trial at all
costs be consistent with justice?"
"The evidence. . . will tell you that Ray Buckey was not at the
school at the critical times....Ray Buckey was not even there at the school
when [a boy who accused Buckey] was there. The teachers who have
died were not accused. Those who are living were all accused.
"There were good reasons for people putting their trust in the school.
There will be testimony that naked games were played. The children played
good, wholesome, healthy games. The children went on field trips. Parents
came along. . . . Songs were sung. There was a music environment. No guns
were permitted. . . . There were projects. Individual pieces were put up
on the bulletin board. There were drawings and paintings these children
did.. . . There were pets. Turtles, rabbits, guinea pigs, dogs, bird feeders.
It was a happy environment.
"The D.A. sent [the families] to CII. CII said they were molested and
referred them to therapists. . . . They were directed to Manhattan Beach
Police Department and made statements. . . and parents were told to go
to an agency
that provides funds for victims. That led to payments to CII and therapists.
. . . Witnesses were generated. The D.A. is putting on his case with witnesses
almost entirely from CII. CII provided the witnesses."
"Ray Buckey is twenty-nine. He was born in 1958 in Hawthorne. He attended
the Virginia McMartin Preschool. He is an athletic person. You will find
that he has been active in a number of sports. He attended El Camino College
for two years. He has coached a variety of sports.
"When he was at home he kept a number of pets. He is not a person who
could likely harm an animal. They secretly taped conversations between
Ray and his mother for hundreds of hours, hoping to hear conversations
of crimes. Instead, they talked about animals. He began as a teacher at
McMartin Preschool in 1981, took classes at UCLA. He became a teacher in
1981 until he was arrested. He was living with his parents. The house he
lived in was
searched. Ray Buckey rushed to a hiding location and pulled out some
pornography and attempted to flush it down the toilet. It was not child
pornography. It was pictures of nude adults. He was caught trying to flush
it. Nude adults.
"I am Ray Buckey's attorney and I do speak for him, so I would like
to tell you that I will be testifying in this case. He will be testifying.
And we ask that you keep an open mind and that you await all the evidence
in this case, and that he fully intends to reveal all he knows about the
case, and that there may be victims on both sides....."
"...Mrs. Johnson told authorities that [her boy] was molested at a time
when Ray Buckey was in jail. He gave no testimony at the preliminary
hearing. He was interviewed on videotape by Dr. Gloria Powell. That videotape
has disappeared."
"....We were told that they were experts, that they had expert credentials.
. . . Kee MacFarlane's only credentials were a driver's license and a welder's
license."
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