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He’d been waiting for the call all morning.
The early afternoon light pouring into the lobby from five tall windows, three west-facing and two south-facing, masked the weight of its grandly scaled furniture. Coupled with Goldblatt’s good cheer and colorful lollipops, the lobby actually looked warm and inviting to a delicate replica of Goldilocks who was aged six and three-quarters.
When Goldblatt finished interviewing the child about a half-hour later, he summoned Bea and Aguilar into chambers and instructed the stenographer, a tall, lithe, 20-something, beautiful blonde woman, to read back her tapes.
The questioning began with easy questions: “Do you go to school? What do you do at the Bingham School? What are the names of the friends you like?” Then “Do you know why you are here?”
Chloe replied, “To talk to you about Daddy hurting me.”
“And do you love both your mommy and daddy?”
“Ah-huh.”
Then Goldblatt began asking questions about the child’s home. Chloe told him it was “kind of like a peaches house, a peach home, kind of like white.” And “Ah-huh” there were toys in her bedroom.
Slowly the questions became a bit more probing.
“Where do you like to live?”
No answer.
“Do you visit with Daddy?”
No answer.
“When do you visit with Daddy?”
“He visits on Saturday. I see him on Wednesdays at Heather’s office.”
“Who’s Heather?”
She shook her head.
No one would know how these questions noiselessly played in her mind. Silence was young Chloe’s virtue. It was the iron curtain between her and breaking the secret she’d promised her dad to keep.
Goldblatt asked her about what she did with her daddy.
Chloe said she “Played running around games inside the house.” She knew that on Saturdays her daddy’s daddy, her granddaddy, came with her daddy to her house.
“Did your daddy ever hurt you?”
“Yeah, when we were running, rolling on my mat.”
“Running, rolling on your mat?
She nodded.
Goldblatt then asked her if she remembered when it happened.
She didn’t know.
He asked if her daddy hurt her any other time.
“Yes.”
“What was it?”
She didn’t remember, but her mother told her.
“What was that?”
“He put his penis in my vagina and in my mouth in my bedroom.”
“When was that?”
“Six years ago.”
“How many times did he do that?”
She held up five fingers.
“Do you like to be with Daddy?”
She nodded.
“Where would you like to play?”
“Where we could play more games.”
“Would you like to visit with your daddy overnight?”
“Yes, with Daddy.”
“You would?”
“Yes.”
“Do you love Daddy and Mommy both?
No answer.
“Is Daddy not good to you?
“Sometimes.”
“That’s all right. What did he do wrong?”
“He hit my knee by accident, rolling around on my mat.”
“Did you have fun?”
“Ah-huh.”
“Did Daddy hurt you any other time?”
“Yes.”
“When was that?”
“Six years ago.”
“Would you like to go out with Daddy to movies or to see puppets?”
“Yes, I’d like to go to the movies with him. Yes.”
“Does Mommy take you out to eat?”
“To McDonald’s, toys, shopping.”
“Do you like to go shopping with Mommy?”
“Yes.”
Goldblatt’s questions became a bit more pointed as he tried to learn what she understood about her father being out of the house.
“He thinks it’s my mom’s fault.”
“How does Daddy hurt you?”
“He rolls and hits my knee accidentally, maybe on purpose.”
“Do you hug your daddy?”
“No. My mother says there is a no-touch rule.”
“Would you like to see your daddy some more?”
“Yes.”
“Would you like to spend more time with your daddy?”
“Yes.”
Then Goldblatt asked her the same question again, giving her a chance to change her answer. “Would you like to see your daddy some more?”
She nodded, but then said “Okay.”
He asked her again about the incident in her bedroom.
“When did Daddy hurt you upstairs in your bedroom?”
“Six years ago.”
“Who did you talk to?”
“A counselor.”
“What did she tell you?”
“She said we’ll do something about it.”
“Did she say what you’ll do?”
“I forget.”
“What do you want to be?”
“A teacher.”
“What grade are you in?”
“Third grade.”
“What does your mother do?”
“Mommy looks over my papers.”
“What do you like to eat?”
“Snacks.”
“Does Daddy ever see your papers?”
No answer.
“Do you ever talk to Daddy about school?”
“Yes.”
“What do you talk to Daddy about?”
“I forget what I say.”
“Does your daddy ask you about school?”
No answer.
“Do you like to talk about school?”
No answer.
“I have no questions,” Bea said.
Aguilar, too, had no questions.
The transcript would be produced by the stenographer. Then Retired Judge/Master Goldblatt would deliver it to court and request that the transcript be sealed.
In the few moments before returning to the tiny room where DeSegonzac would resume testifying, Bea told Bill and the experts what the child had said. The Toffetts left after Bea promised to let them know the outcome of the case.
Guilt Feelings
“I also reviewed some DSS notes and some notes from Chloe’s therapist,” DeSegonzac said. “The purpose was to obtain a better sense of what the allegations were and to compare them with Mr. Abernathy’s reporting of what the allegations were. Subsequently, I reviewed the depositions themselves. I also conducted a mental status examination of Mr. Abernathy to determine whether there was any gross evidence of major mental illness, distortion of reality, contact with reality.
“Then I focused on obtaining a history from him in order to develop a picture of his life—all of the background features, his early family history, his developmental history, how his sexual development had progressed, issues regarding his own sexual-abuse history, his educational and vocational histories, the history of his relationships—all leading up to the present time in order to develop a better understanding of those forces operating on him and how he deals with the pressures of everyday life.
“I also focused on his current life status in order to assess the stability of his life at the present time—the quality and quantity of his relationships, his alcohol/drug use, his criminal history—and to try to develop a comprehensive understanding of how he copes with everyday life.”
DeSegonzac then began telling Bill’s developmental history as told to him by Bill himself.
Aguilar objected but was overruled and DeSegonzac was allowed to continue.
“At some point, Mr. Abernathy denied any sexual abuse in his background. He gave me a detailed description of his parents. Although he had some casual girlfriends in high school, generally he describes himself as being somewhat shy in high school and not socially very active when it came to dating. At Holy Cross, he was active in the Glee Club, had a lot of friends and had his first sexual experience as a freshman.”
DeSegonzac testified also about Bill’s job after college and his “fairly intense sexual relationship with Denise.
Aguilar objected. “Judge, I don’t see the relevance of him telling us everything Mr. Abernathy told him.”
“I think he may tell us what the party told him. For whatever purposes it may come in. You may make a motion later to strike it, but I think it can all come in now.”
“I also spent some time focusing very directly on their relationship, courtship, and eventual marriage. Mr. Abernathy told me Mrs. Abernathy was extremely ambivalent about having intercourse the first time, their first sexual experience together. She commented that it shouldn’t have happened and that she—”
Aguilar again objected, but Goldblatt said, “I’m not taking anything to the truth of the matter. I’m taking it as the statements Mr. Abernathy told the doctor.” Then Goldblatt looked at DeSegonzac.
“Go ahead.”
“According to Mr. Abernathy, when he called her up the next day, Mrs. Abernathy told him she had not expected him to call after they’d gone to bed together.
“Apparently, they didn’t have sex for a while afterwards, also according to him, because he wanted to respect her feelings. But eventually they began their sexual relationship and were compatible after that.”
DeSegonzac continued telling Bill’s story through the early years of the marriage. Bill’s description of Denise’s discontent was almost identical to her story: the lack of communication, her being upset about his involvement with 10K races, karate, and weight-lifting. The only difference was that Bill had said he curtailed his activities, but the difficulties—due mostly to noncommunication—in their relationship continued. DeSegonzac also described Bill’s version of the couple’s pastoral counseling and the alleged rape.
“During her pregnancy, Mr. Abernathy distanced himself from her because he was feeling guilty
because of the reminders he was getting from her about the unwanted pregnancy and the circumstances under which it had occurred. And although they went to birthing classes together and the child was born, after the initial joy, at least from Bill’s point of view, closeness with Denise was missing and Chloe’s birth didn’t bring them together.
“When I asked him about planning or talking about the future, he said there was relatively little of that. Somehow things had reached a status quo, but not a terribly happy one for either of them.”
“Objection. Again, I have to renew my objection. Are we going to sit here for the eleven hours of the sessions?”
“No, but he may have this. He may have this,” Goldblatt said in a gentle voice.
DeSegonzac detailed everything about the couple’s lives from the time Denise gave birth to the time she became sober.
“Her accusations of rape in 1983 continued to be an issue in the marriage. At one point, they were essentially leading separate lives under the same roof. He stayed in the communal house so that they could maintain a family life for Chloe.”
When he stopped, Goldblatt looked at Bea. “Okay. Go ahead.”
“How did Mr. Abernathy present himself to you during the diagnostic interviews?”
“He presented himself as a man who was in good contact with reality. There was no evidence of any bizarre thinking, any bizarre thought pattern. His speech was coherent. He gave a history in a coherent way. He was responsive to questions.
“I got no sense he in any way was suppressing information. There was very little hesitation in his responding, and I could detect very little rehearsing or forethought in his responding to questions. His mood was appropriate to the situation. He was obviously apprehensive, anxious at times, at times weepy when he would talk about Chloe or about some of the more painful aspects of his earlier life, with his mother’s depression, for example. About the state of his marriage, he expressed considerable sadness. Generally, he was cooperative and very responsive during the interview.”
At this point, Goldblatt told the parties it was four o’clock, and suspended the hearing until the nineteenth of March.
Will the DA Listen?
Emotionally exhausted, Bill and Bea walked to her car. She tried to cheer him up. “See, your daughter loves you. She told the judge she did and she told him she’d like to visit with you overnight.
Isn’t that wonderful?”
Flat reaction.
“She’s not afraid of you as the others have been contending.”
He looked a spot less depressed.
“She’d like you to take her to the movies. I think that’s just great.”
Still toneless, he agreed she likes movies.
“She knows she has no reason to be afraid,” Bea said, again trying to get a favorable reaction from Bill.
Hopeless. They walked on.
“Funny, she said you hurt her knee accidentally, but then must have remembered she was told whatever you did was on purpose, so she added, ‘maybe he did it on purpose.’ Goldblatt has to have noticed what sounded like a faux pas.”
He appeared anxious.
“And she told Goldblatt about Denise’s no-touch rule. I bet Goldblatt’s as horrified as I was when I heard about it.”
Still down.
“Brr. Winter, winter, when will it end,” Bea said. When they reached Bea’s car, she went around to the passenger side and unlocked it. “C’mon, I’ll give you a lift to yours. You’ll freeze.” Bill usually parked a few blocks away in the other direction, headed toward the hospital.
He asked, “Do you think Joe Aguilar will call Ruth Stanton and Carol Tracy as rebuttal witnesses?”
So that’s what’s on his mind. “Well, first of all, he needs us to put something into evidence that they can rebutted by them. All the stuff about Denise’s depression and her drinking came from Denise. He can’t call Stanton to rebut his own witness. You’re going to testify, but there’ll be nothing Stanton can rebut. She wasn’t there. All she knows is what Denise told her.
“The same with Carol Tracy. Whose testimony can she rebut? We have the experts. We don’t know much about her, but I very much doubt she’s of the same caliber as Toffett and can rebut his testimony. Neither can she rebut DeSegonzac’s. She’s never even spoken to you.
“Plus I’d yell like hell because we weren’t allowed access to them for depositions... or to their files.
Nah, Joe’s yelling just to hear his own voice.”
Bill laughed.
Finally, Bea thought. “I have to check to see whether I need anything else for discovery in the criminal case, by the twelfth preferably, which is the discovery deadline,” Bea added. “I’ve reserved our rights to come in after that date, but you never know.” Give him some more good news to keep his spirits up.
“If they identify an expert witness to address the issue of suggestibility, I might be able to use their witness as an expert. That would save you some money. I just don’t want to take any chances. But there’s time to make those decisions.”
As they reached Bill’s car, Bea said, “You know, Bill, this is going to get interesting now. Will the assistant DA dare put Chloe on the stand?” Bea said this more to cheer Bill up.
“Can we get a copy of the transcript of her testimony?”
“No, the judge said he’d be sealing it. I suppose, if necessary, we can always go in for a court order to get it for the limited purpose of the criminal trial. But I wouldn’t use it to impeach the child even if I could. The jury would hate me.”
He just nodded.
“If Chloe doesn’t remember anything later than six years ago—which is weird enough in itself—they’re going to have to teach her what to say. Any new stuff won’t be in the transcript anyway. They’ll have to think of something else to make the rape later in time, at least to match the complaint.”
‘Still silent, he opened the passenger door and took out the keys for his car.
Another of her concerns was whether Democrates Eleutheria would be replaced by an assistant DA from the sex-abuse team. She hoped not, because Demos had promised he’d let Bea know if the DA’s office intended to indict before the probable cause hearing. In fact, Demos was recommending dismissal for insufficiency of evidence. Would the DA listen?
Police Powers Emasculated
“Hello, I’d like to hire a private detail,” Bea said over the phone to a member of the Concord Police Department regarding Leslie Calhoun’s case. “I’m willing to pay whatever your rate is.”
The police intake officer asked and Bea supplied the details of her request. Because she didn’t anticipate physical violence, she wanted only one unarmed but uniformed officer to escort her to a facility in Concord the next morning and to serve as a witness while she inspected some documents.
“I do have, by the way, a court order issued by Judge McGill allowing me to inspect those documents.”
“So why do you need an escort?”
“I received two letters from opposing counsel that I find provocative. I think he’s going to set me up and say I did something disruptive. Since I have no intention of doing anything but look at the documents, I want a witness for proof that I did nothing provocative or disruptive in any way. And, if necessary, I’d want the officer to accompany me to court and be a witness for me.”
“Court tomorrow also?”
“I don’t know. It depends on what happens while we’re at the facility. Of course, I’d like to be able to go right over to the court if something happens, but I have no idea whether the court will have the time to hear me on an emergency basis. So the court appearance might be on a day the court has time to listen.”
“I’m going to have to get approval. May I have your phone number, please?”
“Certainly,” Bea said.
“This is the Chief’s assistant, Concord Police Department.” That was the first of several calls from the woman, who had a problem with the identity of the company.
Bea explained the company had recently merged with another company. “The name has been changed on their stationery and on the sign out front, but it seems they never got around to notifying the police department about the name change.” The woman said she’d be back in touch.
Later that day, Bea heard, “Attorney Archibald, I’m sorry to have to tell you that the chief said we can’t provide the detail.”
“Oh, my. Why not?”
“Well, the company is a taxpayer in Concord.”
Bea couldn’t believe what she was hearing. “Am I hearing this right? You’re not willing to provide me an escort because the company pays taxes in Concord?”
“Yes, that’s right.”
“You’re telling me because I’m not a taxpayer in Concord, I’m not entitled to police protection while in Concord?”
Silence on the other end.
“You’re talking a constitutional issue here. The police are saying they cannot use their power to keep people safe in Concord.” Bea shook her head in disbelief. “I’ll be damned.”
Realizing there was no way she’d solve this issue by morning, she decided just to lose this battle. But to win the war, she’d have to make arrangements for a detail from a private company.
She did. Then she informed Pitbull he had to confirm to her before 4:45 that he’d allow the detail into the building because Burns International had to give out assignments prior to that time. If Pitbull didn’t confirm, the inspection would have to be postponed.
Pitbull did nothing.
Bea couldn’t get a hearing the next morning, so she marked up a hearing for the following week, on a date Pitbull agreed to, but the hearing didn’t take place. After waiting while other cases were being argued, Pitbull told the court he couldn’t wait to be heard, and Motions McGill, without letting Bea speak, allowed him to change the date and leave.
The Combat Zone
Hugh was poring over the Coast Guard charts for the approach to the Chesapeake. He was struggling with them on the table he’d set up in the middle of the salon. He’d have studied them on the bridge, but in this weather, it was cozier in the salon.
“Love,” Bea said from the sofa, “you realize you’re building up my expectation of an actual trip this summer.”
“Dear, I promised you I wouldn’t go with the lads this year.”
“So you told me last year and the ear before that.”
“My promise is good this time,” he said as he turned to twinkle rakishly at her.
“Okay, Lothario, I’ll make you a deal.” That caught his attention. “We get a subscription for the next theatre season, plus take in some summer theatre before August, and I won’t keep you to your promise.”
“Don’t start, Bea,” he said in an acerbic tone.
“We never go anywhere. We only stew and screw.”
“Life has it hiccups.”
“I know, I know. We can’t be seen together.”
He left the charts, pushed aside a few pillows, and joined her on the sofa. He went to lift her chin and to buss her. She turned her head. If she were some young blonde bimbo, would he resist so hard being seen? If asked, he could at least say Bubbles the Airhead was his daughter. How could he admit he was crazy-glued emotionally to an abundant matron? The g. d. faux womanizer! As she thought that, she grinned.
“It’s a wonder you don’t get yourself a white turtleneck like your friend and pretend to be a Norwegian sailor visiting the Combat Zone!” She was referring to his friend, FJ, the “Federal Judge.”
Pretending not to speak English so he couldn’t be expected to reveal anything about himself, FJ visited sleazy taverns in the Zone on frequent Friday nights for special female companionship. This, he said, was the catalyst that consistently renewed his religious family life.
“As your lawyer said, lo those many years ago, ‘When you don’t get fed at home, you have to go to a restaurant.’”
“Am I supposed to bow to Buddha that I’m being fed?”
“Indeed, you are, My Lady. You’re fêted regularly.”
Truce time, which gave her permission to stew again about her battles with the bench, their common denominator, their lowest common denominator.
Molester Profiles
The little conference room was taken. The First Justice of the family court, Frederick Fessenden, allowed the Abernathys, their witnesses, and the acting Master Goldblatt to use his lobby, where Chloe had been interviewed a few weeks earlier, as a courtroom. The long, highly polished mahogany table, Oriental rugs, and subdued light through the tall windows greeted everyone as they seated themselves.
Goldblatt directed DeSegonzac to a high-backed chair which would serve as the witness stand for this session. It was kitty-cornered to the table.
Bea asked, “Dr. DeSegonzac, in your work with child-abuse sex offenders, what does the diagnosis and treatment consist of?”
“First, we’re speaking of a person who has either admitted to or has been found guilty of committing a sexual offense against a child, not one who has simply been accused. The diagnostic phase is to examine that person to determine what would have led up to his sexual offense, sexual abuse of the child. What sort of personality characteristics and personality deficits would have contributed to his ability to distort a child into an appropriate sexual object? And considering those personality deficits, what in his personality functioning can contribute to his committing a sexually abusive act against the child?
“For example, it is recognized in my field, and I have written on the subject, that major mental illness can contribute to the reality distortion that leads to sexual abuse. So we examine for the presence of reality testing, the presence of major mental illness.
“In the case of sexually compulsive behavior, such as repetitively sexually abusing a child, we look at the presence not only of major mental illness such as schizophrenia but also depression. An especially long-standing characterological depression can set the stage for the kinds of turning to a child to soothe one, to provide some basic touching, closeness, intimacy.
“Also we look at the quantity and, more importantly, the quality of a person’s interpersonal relationships. If a person has a lifelong history of social isolation, of poor relationships, of a general difficulty in establishing intimacy with friends, both cross-gender friends and same-gender friends, that kind of person—because of the need for closeness—is much more prone to turn to a child. A child, after all, is much easier to approach, much more receptive, much less judgmental. So a person who is socially isolated or who has few or poor-quality friendships would certainly be more prone to turn to a child.
“We examine how this person manages sexual and aggressive impulses. If somebody is flooded with sexual or aggressive impulses, it wouldn’t be surprising that some of these impulses might have spread to or been inappropriately expressed on a child.
“So we look for signs of sexual or aggressive preoccupation. And that’s where the projective personality tests fit in, where the personality profiling fits in, and also where the penile plethysmograph fits in, in a narrow sense.
“We look at sexual development and early sexual history because early experiences might have predisposed one to look to children. If one is a victim, one may, at that point, establish a distorted view of relationships between adults and children, a view that may include sexual contact.
“We also look at early development and early signs of difficulty, because with most repetitive child molesters we examine, we see disturbances in emotional personality development that go back to childhood.
“We look for neglect. We look for unstable, emotionally-isolating kinds of family experiences that might lead a child to grow up with a sense of hunger inappropriately expressed toward children.
“We also look at stress as being a factor leading to sudden precipitous losses of control. Severe alcohol abuse, substance abuse, signs of significant stress—they can all lead to temporary, although generally not long-standing, losses of control, possibly accounting, for example, for an isolated act of sexual abuse.
“Those are some of the things we look at in the diagnostic phase.”
“Let me just get clearer, Dr. DeSegonzac,” Goldblatt said. “I think you testified you were dealing in your diagnosis with either people who were found to be offenders or who admitted to being offenders?”
“True. When you’re looking at someone against whom some allegations have been raised, you’re trying to compare that person to a basic standard.”
“But the individuals you diagnosed in your studies, et cetera, were they admitted sexual abusers or convicted sexual abusers or alleged sexual abusers?”
“A large percentage are admitted, some are denying but convicted, and some are alleged but unsubstantiated or at the presubstantiation phase.”
“At the presubstantiation phase?”
“Yes. That’s where Mr. Abernathy was. ”
Goldblatt nodded to Bea for her to resume inquiring.
After several attempts to ask DeSegonzac to compare Bill with the basic standard, Bea was frustrated at being interrupted continually by Aguilar objecting on a bogus basis. Damn!
Aguilar argued, “My objection is to his concluding from those tests the ultimate issue, which is to be determined by either yourself or a jury in the criminal case.”
“I understand, but she may ask these questions,” Goldblatt ruled.
Bea asked, “Did Bill Abernathy have any personality deficits?”
“No, he consistently did not. From all of the diagnostic interviews, his history, the psychological tests that were administered, there was no evidence of any personality disorder.”
“Did he have any major or minor mental illness?”
“No. There was no evidence of that in any of the tests or any of the interviews.”
“Did he have any depressions of which you spoke, any long-standing depression or short-standing depression, in fact?”
“There was some depression and sadness in relation to his current case and the circumstances regarding his visitation with his daughter. There was no sign of any long-standing depression, nor evidence of any propensity or vulnerability to such a depression.”
“And was the depression he had regarding the current case an appropriate type of depression?”
“Appropriate to his current situation, yes, it was.”
“And what was the quality and quantity of his interpersonal relationships?”
“Mr. Abernathy presented and gave the history of a man who has a wide range of casual friendships and a smaller group of close friendships with whom he comfortably shares more personal, intimate parts of his life. His sharing the current allegations with close associates at work and close friends gave me a sense of how connected and trusting he feels about his relationships.”
Bea asked the first of the two questions necessary to get an expert’s opinion into evidence. “Based on your training, education, experience, and interviewing and examining of Bill Abernathy, were you able to form a conclusion as to whether Bill Abernathy had the propensity to be a child molester?” Bea asked.
As anticipated, Aguilar objected. “There’s been no evidence whatsoever that these tests are scientifically reliable.”
The judge failed to rule quickly enough to Joe Aguilar’s objection. So DeSegonzac said, “Yes, I have an opinion. And if you’re asking whether he had the propensity to be child molester, the answer is no.”
Cool, thought Bea. He’s been around this block before.
“Objection,” Aguilar again said.
Scientific reliability. Bea thought. Okay, let’s narrow this down. “Dr. DeSegonzac, does the scientific community generally accept the MMPI as a valid measure of psychopathology?” she asked.
“Yes.”
She repeated the same question for the TAT, the Rorschach tests, and the penile plethysmograph. Zorba answered yes to the first two, and Aguilar objected to the third.
Goldblatt sustained the objection, and added, “I don’t want to hear anything about the responses to that test unless I know it’s a valid test. I’m aware of Rorschach and MMPI and TAT. Mr. Aguilar has objected to the results of that test coming in or what the results may have indicated or what this man responded to on the test. There’s been a heavy objection to this, and I must have evidence that this is a generally accepted test among experts in the field.”
In the meantime, Goldblatt did take DeSegonzac’s report and mark it for identification.
Nonetheless, she found some solace in knowing Goldblatt would’ve read it before deciding on its admissibility. and it did contain the favorable results of the penile plethysmograph test. Yes, subliminal persuasion might be best: it would deny Aguilar an issue for appeal.
Goldblatt had his own question. “Let me ask,” he said. “Have you been ordered to conduct, in a trial involving an allegation of sex abuse, the penile plethysmograph test on a defendant?”
“No, Your Honor.”
Bea said, “Have there been any studies on the penile plethysmograph?”
“Yes, there have. Hundreds.”
“And what have those studies shown?”
“They’ve shown the penile plethysmograph can accurately reflect the person’s sexual arousal to a wide range of stimuli. It’s been used as an instrument to discriminate between convicted rapists and nonrapists. It’s been able to discriminate between—”
“Judge, I’m going to object. I don’t think the answer is responsive.”
“Sustained, and strike the answer. I am not going to take any more testimony on the penile plethysmograph.”
Okay, Goldblatt knows for sure Bill passed. Give it up, Bea. “Is there a profile of a child molester that is generally accepted in the scientific community?”
“Yes,” DeSegonzac answered.
“Would you please describe the profile?”
“Well, the literature, the research, and my clinical experience, supported by the work of others in this field, suggest there is no single profile that fits a child molester or a pedophile or a sexual abuser.
There are, though, a number of discrete profiles that can differentiate pedophiles or men who have committed child sexual abuse from people who don’t sexualize children.
“Those profiles reflect back on my earlier answer. There are those pedophiles who are primarily sexually and emotionally aroused at children in the absence of any sexual arousal to adults. These are people who are drawn to children occupationally, emotionally, psychologically, and who live their lives in relation to children and not in relation to adults.
“There are those child molesters who are more impulsive and exploitative, who take advantage of the vulnerability of children who will not refuse or resist, and can be easily manipulated.
“The pedophile described as the exploitative child molester is characterized by problems in impulse control, problems in antisocial behavior. That kind of person generally not only has sexual offenses against children, but may also have other sexual offenses such as exhibitionism or voyeurism, and they also have general antisocial problems.
“Another kind of child molester profile coincides with those people who have major mental illness, who either have sexual compulsions, and the major mental illness may be as a result of organic conditions, or loss of control due to alcohol or to brain damage or to senility.”
With Denise still sitting against the wall in the back of the beautiful chamber, Bea couldn’t see her face when the doctor said that. I wonder whether Denise is considering where her father fit into all of this? Suddenly Bea was aware of Bill weakly coughing. Is Bill giving me a signal to remind me of the beer-loving wife-abusing woodcutter?
“All of those can define a discrete group of men who are sexually attracted to children,” the doctor said, finishing his answer.
“Do you have an opinion as to whether Bill Abernathy fit into any of those discrete profiles?” asked Bea.
“Yes, I do.”
“Let me,” Goldblatt said to Bea. He asked DeSegonzac, “On what is your opinion based?”
“The opinion is based on my experience in working with sexual offenders and evaluating men who are either self-admitted or accused or convicted sexual offenders. It’s based on my experience in conducting clinical research on offenders, on men who have molested children. It’s based on the data I gathered during my clinical and diagnostic evaluation of Mr. Abernathy. It’s based on the sum total of all the data I gathered and the data contributing to my diagnosis.”
“I’m going to accept the statement from the doctor as to whether Mr. Abernathy fits the profile. I want to make absolutely clear that I am not making a finding of fact here as to whether or not Mr. Abernathy did or did not commit any sexual abuse on the child. So the question is a precise one.
Based on the statements you just made, does Bill Abernathy fit that profile?”
“Judge,” Aguilar said, “I would like to note my objection especially in regard to the reliability of using those tests to make such a determination.” He was hell-bent on putting his full objection on the record.
“You may cross-examine and then we’ll see what happens.”
“No, he does not fit the profile, Your Honor,” DeSegonzac said.
“And do you have an opinion whether Bill Abernathy was likely to have committed the acts alleged in this case?”
“Well, I’m going to object to anything but whether or not he has an opinion,” said Aguilar.
“He can answer the question,” Goldblatt said.
“Yes, I have an opinion.”
Goldblatt sustained Aguilar’s objection and, forbidden to say what his opinion was, Degonzac’s direct examination was over.
Part 20 of 41 will appear in tomorrows lists of new publications