Up to now, virtually everyone would have to answer the title question with a resounding “YES!”, but after reading a new article in Skeptic magazine by Fred Crews (former chair of English at Berkeley, a debunker of Freud and recovered-memory therapy and, for full disclosure, a friend), I’d have to answer “I’m not sure.”
Jerry Sandusky is a name well known—and well hated—to most Americans. Before retiring as an assistant coach of Penn State’s football team, he founded The Second Mile, an organization to help deprived young people in Pennsylvania. But his association with young boys eventually led to his downfall, and to the downfall of others. In 2008 the police began investigating Sandusky for sexual abuse of children, discerning a pattern of grooming and then of diverse forms of sexual abuse. A grand jury was convened a year later, and in 2011 Sandusky was charged with 52 counts of sexual abuse. Four charges were dropped, and in 2012 Sandusky was convicted of 45 of the remaining 48 charges of sex abuse. He was sentenced to between 30 and 60 years in prison—a life sentence for someone who was 67. He’s now in solitary confinement, as convicted pedophiles don’t fare well in prison, since they’re often attacked by fellow inmates.
At the time of the trial, nobody had any doubt about Sandusky’s guilt, and the press jumped on the story. It wasn’t just Sandusky who was involved: someone who thought he saw Sandusky raping a boy reported it to Penn State’s iconic football coach Joe Paterno, who, along with three other University officials, were found in an internal review to have covered up reports of Sandusky’s abuse. Paterno was fired after a long career (he died of cancer not long thereafter), and the three officials, who were also fired, were convicted or pleaded guilty to child endangerment, perjury, conspiracy, and obstruction of justice. Graham Spanier, the President of Penn State, was forced to resign, and the university was fined $860 million as well as giving $109 million to those who claimed to be Sandusky’s victims.
Then, in October of last year, Mark Pendergrast, who’s also published on the fallacy of “recovered memory”, came out with a book called The Most Hated Man in America: Jerry Sandusky and the Rush to Judgement . In his view, Sandusky is “probably innocent.” But how could that be, with ten alleged victims in the trial and the press backing up the allegations?
I haven’t read Pendergrast’s book, but the Skeptic article by Fred Crews, “Trial by therapy: the Jerry Sandusky case revisited“, summarizes the book in an accessible way. I’d recommend reading it, as Crews isn’t somebody who is gullible, and has spent his career as a skeptic, largely about Freud and issues of recovered memory. I note as well that THE expert on the fatal flaws of “recovered memory”, Elizabeth Loftus, has also endorsed Pendergrast’s book:
“If potential readers are convinced that Jerry Sandusky is guilty, they need to read The Most Hated Man in America. This meticulously researched, provocative, and wonderfully written book by Mark Pendergrast, an enormously important contributor to the repressed memory debate, will certainly make them see another side. Maybe they will think twice.”
—ELIZABETH LOFTUS, Distinguished Professor of Psychology & Social Behavior, University of California, Irvine, author, The Myth of Repressed Memory and other books.
While Crews’s article is best fleshed out by reading the book, it summarizes the main problems with the case. These include a completely lame defense for Sandusky, with his lawyers not even presenting exculpatory evidence, and, most of all, the fact that every accusation against Sandusky seems problematic, with many based on flawed or faulty recollections and even on prompting by police and therapists who wanted Sandusky to be guilty. A huge swath 0f testimony is based on this kind of forced “recovered memory”, and research has shown that forgotten memories of trauma are deeply problematic and almost always wrong. Crews goes through each of the ten alleged victims of Sandusky’s abuse featured at the trial, including the accusation of Sandusky was seen raping a young man in the shower (this eyewitness report appears to be wrong). The judge admitted 12-year-old hearsay testimony, and some witnesses who said they saw or experienced no sexual abuse later changed their minds after treatment with recovered memory therapy and pressure from the police.
All this has led to me to reassess the whole issue, and to ratchet down my earlier strong feeling (based on press reports) that Sandusky was a serial sexual predator. I have no idea whether he’s guilty. What about the three Penn State officials who were convicted? Are they guilty of having covered up a crime? Not if they had assessed that no crime had been committed, and there wasn’t evidence that it had been at the time: the “sex act in the shower” wasn’t witnessed when they were supposed to have reported it! That came only much later.
If Sandusky is innocent, how could so many people have been wrong? Well, remember the recovered-memory-based testimony of many children that led to the wrongful jailing of some people in Satanic ritual abuse cases as well as accusations and trials against many more who were exculpated after it was found that cops and psychiatrists both had participated in wrongful solicitation of false memories. There may also be a group effect in which one “recovered memory” spurs others to manufacture false memories, and there’s at least one case in which sheer greed for money appears to have motivated an accusation against Sandusky. Further, Elizabeth Loftus has made a career dealing with “recovered memory” and the attendant false accusations it brings forth, as in the famous “Jane Doe” case.)
We’ll never know if Sandusky did what he was jailed for, but remember that conviction in America requires guilt beyond reasonable doubt. When jurors buy the idea that recovered and once-repressed memories are an established psychological phenomenon, then a case is already contaminated.
Yet so heinous were the crimes of which Sandusky was accused that articles even questioning his guilt, like Crews’s, lead to rancor. This is on view in P.Z. Myer’s analysis of Crews’s article at Pharyngula, which is itself contaminated by Myers’s deep hatred of Michael Shermer, publisher of Skeptic magazine (Myers’s post is called “Skeptic Magazine: rots from the head”, and ends by indicting “the stench from Shermer’s magazine”). Myers says this:
They’ve [Skeptic] published a defense of Jerry Sandusky! Look, Jerry Sandusky was found guilty of 45 counts of child sexual abuse. He’s a convicted pedophile. The prosecution brought in a long train of witnesses and evidence of criminal behavior spanning at least 15 years and 10 victims, and this case found him guilty in a community that was full of fanatical Paterno/Sandusky defenders. Anyone remember the riots and protests when the Paterno empire fell? You can’t have a witch hunt when the targets are regarded as holy saints — the evidence was just so overwhelming and undeniable that even angels by repute could be defrocked at last.
The issue, though, is whether the conviction was based on false remembrances and other tainted evidence. Was the evidence really “overwhelming and undeniable”? Since Myers hasn’t read Pendergrasts’s book, or seems deeply familiar with the evidence presented at the trial, I wouldn’t be nearly as sure as he that conviction is tantamount to guilt. Myers’s commenters agree with him, and some say that they have no time for a book that defends “a convicted child rapist”. But that’s the very reason we have to reconsider the evidence, for it is in face of such odious accusations that the defendant is most likely to be presumed guilty, and convicted on insufficient evidence.
Needless to say, I abhor those who prey sexually on children, and if Sandusky really is a predator then he should spend the rest of his life in jail. Pedophile predators are famously incapable of being rehabilitated. But it’s worth mentioning that in the usual pile-on at Pharyngula by people who hew to Myers’ views and are unwilling to read the book or the articles, there’s one comment worth reading:
There’s nothing dishonorable about being a skeptic when there’s something to be skeptical about. Something in the air these days has led people to immediately equate accusations with truths, and this is when we must be the most careful.

































