Abstract

The Kelly Michaels case became a turning point in the public discourse about child sexual abuse in America. The case, which ended in a conviction by jury, appeared to be a textbook example in how to prosecute a sexual abuse case involving young children. But everything changed in appeal, where the conviction was overturned and the court decided Michaels could not be retried with a pretrial “taint” hearing. The witch-hunt narrative about the case then became the convictional wisdom. Based on extensive analysis of original documents, this chapter takes issue with the conventional wisdom. The chapter concludes that the witch-hunt narrative is based on “disconfirmation bias.”

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