20th International Conference

®

Scientific Fact & Reason vs. Myth & Emotion

Las Vegas, Nevada

Golden Nugget Hotel and Casino

October 17 - 19, 2019

Conference Description

Allegations of child and accompanying issues overlap in the disciplines of medicine, psychology, social work and law enforcement. Criminal, family, juvenile and appellate law are affected. These cases often involve sensational allegations – allegations that must be examined objectively to determine their merit or lack of merit. Attorneys, judges, investigators and other concerned professionals who deal with these cases need to keep abreast of the most current medical, scientific and psychological research, procedures and studies in order to be able to separate fact from fiction, confession from coercion and harm from hyperbole. If you are going to represent defendants or consult in these types of matters, you owe it to yourself, to the accused and to the children to attend so you can be as up to date as you can be in the areas of study that affect these cases.

The experts who present at the Conference have national, if not international reputations. They cover topics in the fields of forensics, investigation, medicine, science, psychology and law. These topics often overlap into other areas of and psychology other than abuse.

In the past, our experts have addressed issues such as:

Psychology: Corruption / taint of a child’s memory or recollection; problems with eyewitness identification; coercion of confessions; proper and improper questioning of children; the desire of children to please adults; the fallacy of behavioral indicators; protocols for interviewing of children; repressed memories; interviewer bias and the effects of same on questioning; how memory works.

Forensics: Proper police procedure for investigating allegations of abuse; proper and improper police procedure for line-ups and photo spreads; how to use a private investigator; forensic examination of computer, email or electronic tape ; determining whether a photograph is real or computer generated.

Medicine: Proper procedures for examination of children who are suspected to be sexually abused as well as distinguishing between medical findings that are specific to sexual trauma versus “normal” findings that are claimed to support evidence of abuse. Shaken Baby Syndrome Allegations, other physical issues such as broken bones, bruises, metabolic disorders and so on..

Law: Prosecutorial abuse through intimidation of witnesses / complainants and threats against defense counsel; coaching of child witnesses by the prosecutor; how do you deal with child when the state’s attorney says that it is illegal for you to take it to your expert; voir dire in an abuse case; how to deal with a child witness; dealing with Predator and Propensity evidence issues; new motions that have been successfully used.

This year’s topics and experts are shown in the brochure and they are sure to be as relevant and topical as those in the past. Whether you want to build a foundation on which to handle these cases, or if you need to build on the foundation that you already have or want to see the presentations of potential expert witnesses for your cases, then you need to attend this year’s Conference.

Tentative Schedule

Thursday, October 17 Bruce Lyons,. J.D., Master of Ceremonies

7:15 am to 8:15 am Continental Breakfast (in Conference Room)

8:15 am to 8:30 am Kimberly Hart and Bruce Lyons, J.D., Introductions

8:30 am to 9:30 am Bruce Lyons, J.D. Dealing With “Me Too” Accusations

9:30 am to 10:30 am (ethics):L.T. “Butch” Bradt The Ethics Regarding Use of Experts

10:30 am to 10:45 am Break

10:45 am to 11:45 am Dr. Michael Lamb, Ph.D. (title to be announced later)

11:45 am to 12:45 pm Dr. Kamala London, Ph.D.: Why Interviewing Children Shouldn't Be A Free-For- All (and how to spot when it was)

12:45 pm to 2:00 pm Lunch (on your own)

2:00 pm to 3:00 pm Dr. David Thompson, Ph.D. Investigation of Child Sexual Abuse: A View From a Clinician’s Perspective

3:00 pm to 4:00 pm Dr. Richard Ofshe, Ph.D. The Recordation Revolution –the phenomenal power of a properly analyzed interrogation to level the playing field or even tip it in your favor.

4:00 pm to 4:15 pm Break

4:15 pm to 5:15 pm Dr. Ann Dell-Duncan, Ph.D., J.D. & Kim Benjamin, J.D. Things that Go Bump in the Night: Asperger’s, Borderline and Reactive Attachment Disorder

Friday, October 18 Michael Cronkright, J.D., Master of Ceremonies

7:30 am to 8:30 am Continental Breakfast (in Conference Room)

8:30 am to 9:30 am Dr. Steve Guertin, M.D., Sex Abuse: Should there be an injury?

9:30 am to 10:45 am Dr. Waney Squire, M.D. True Facts about Shaken Baby Syndrome

10:45 am to 11:00 am Break

11:00 am to 12:30pam Dr. Greg Hampikian, Ph.D. DNA Errors, finding and fixing

12:30 am to 1:45 pm Lunch (on your own)

1:45 pm to 2:45 pm Dr. Kris Sperry, M.D. and Therapeutic Misadventures.

2:45 pm to 3:45 pm Dr. Greg Shoukimas, M.D. The role of radiology in the evaluation of suspected child abuse

3:45 pm to 4:00 pm Break

4:00 pm to 5:15 pm Dr. Marvin Miller, M.D. Metabolic Bone Disease of Infancy: Multifactorial in Etiology and Often Confused for Child Abuse

Saturday, October 19 Lorin J. Zaner, J.D., Master of Ceremonies

7:30 am to 8:30 am Continental Breakfast (in Conference Room)

8:30 am to 9:30 am Dr. Steve Guertin, M.D., Sex Abuse Mimics & STD Infections 9:30 am to 10:30 am (ethics): Douglas Peters, J.D. The Winning Edge: The Right Ethics

10:30 am to 11:30 am Robert LeBell, J.D., Preserving the record for appeal in child sex cases

11:30 am to 12:00 pm Break

12:00pam to 1:00 pam Dr. Kevin McGovern, Ph.D. & Dr. Thomas Brewer, Psy.D. Exploring Why Men View Internet Child Pornography

1:00 pm to 2:00 pm James A.H. Bell, J.D., Defend With Daubert Ingenuity

Conference Faculty

James A.H. Bell, J.D., is a nationally renowned criminal defense lawyer from Greg Hampikian, Ph.D., is a Professor of Biology at Boise State University and Knoxville, Tennessee. He believes in total justice; one who will is an internationally known DNA expert. He has held research and exhaust all reasonable efforts to zealously advance the clients best teaching positions at Yale Medical School, Emory University, The legal interest. Mr. Bell is the recipient of the Heeney Award by the CDC, Georgia Tech and the U. of Connecticut. He has been National Association of Criminal Defense Lawyers and past published in leading scientific journals and is co-author of a book

President of the Tenn. Assoc. of Crim Defense Lawyers. dealing with DNA exoneration.

Kimberly Benjamin, J.D., has focused her legal practice on criminal and DWI Kimberly A. Hart, Executive Director of the National Child Abuse Defense & defense in the greater Kansas City metropolitan area. Benjamin Resource Center has been involved with child abuse allegations in has served as president and board member of the Missouri the legal arena since 1985. She has appeared on hundreds of Association of Criminal Defense Lawyers (MACDL). She is a television and radio talk shows over the years. She also works on member of the faculty of the National College of DUI Defense and individual cases as a private consultant.

frequently lectures on criminal/civil trial strategy.

L.T. “Butch” Bradt, J.D., is an attorney from Sugar Land (Houston), Texas Michael Lamb, Ph.D. is a Professor of Psychology at the University of Cambridge Licensed for 40 years and in 23 different courts, he has handled He is Fellow and Director of Studies at Sidney Sussex College, an cases throughout the country. Recognized as an experienced trial Editor of the Journal of Psychology, Public Policy and Law and President Division 7 (Developmental Psychology), American and appellate attorney, he has had several articles published by Psych. Assoc. His research focuses on forensic interviewing and The Voice, a publication of the Texas Crim Lawyers Association. factors affecting children’s adjustment.

Dr. Thomas Brewer, Psy.D. is a psychologist and Clinical Director of Sunset Robert LeBell, J.D., is a criminal defense lawyer from Milwaukee, Wisconsin. He Psychological Services, LLC in Portland Oregon, which houses six handles homicide, , child molestation, drug, RICO and clinicians and serves a large population from numerous counties in white collar offenses. He has argued before the Wisconsin both Oregon and Washington. He is certified as a Sex Offender Supreme Court, the U.S. Seventh Circuit Court of Appeals as well as Treatment Provider in two states as well as a Certified Sex winning at the U.S. Supreme Court. Bob has been at the forefront of propensity evidence issues and sexual predator laws. Addiction Therapist

Michael Cronkright, J.D., is a criminal defense lawyer from Lansing, Michigan Bruce Lyons, J.D., is a criminal defense lawyer from Fort Lauderdale, Florida. He has been admitted to practice law in all Michigan courts, as well as also is a Past-president of the National Association of Criminal the United States District Court for the Western District of Defense Lawyers, Past-Chairman of the Criminal Division of the Michigan, the United States District Court for the Eastern District of American Bar Association and Past- Recipient of the NACDL’s most Michigan, and, pro hac vice, in Wyoming, Texas, and Wisconsin. He prestigious award, the Robert C. Heeney Award. is also licensed in Florida.

Ann Dell-Duncan, Ph.D., J.D., is licensed as a psychologist in Missouri, previously Kamala London, Ph.D., is an assistant professor at the University of Toledo. licensed in New Hampshire and registered in Bermuda. In the She has presented her research at dozens of national and forensic setting. She provides assessment and consultation in cases international conferences and various publications. Dr. London's involving adoption, custody and visitation, abuse and , research examines factors that bolsters and impedes the reliability suggestibility of child testimony, sexual harassment and of children's reports of prior events. Her work was cited in the 2007 U.S. Supreme Ct decision Kennedy v. Louisiana. competency. She is also a trained mediator.

Stephen Guertin, M.D., is the former Medical Director of the Sparrow Hosp. Children’s Kevin McGovern, Ph.D., is a licensed psychologist from Portland, Oregon. Center (Lansing, MI), Director of the Pediatric Intensive Care Unit He has specialized in the assessment and treatment of sexual and sits on the Board of Directors. He is also an Associate disorders for 42 years and completed over 4,000 psychosexual Professor of Pediatrics at Michigan State University’s College of assessments. He is a Certified Sex Offender Treatment Provider in Human Medicine. He the physician member of Sparrow Hospital’s Washington State and a Certified Forensic Evaluator in Ore. Child Abuse Evaluation Team.

Conference Faculty (cont’d)

Marvin Miller, M.D., is a pediatrician and clinical geneticist who has been

involved in clinical research related to multiple unexplained fractures (MUF) in children since 1994. His findings have made him skeptical of the conventional approach that pediatricians and pediatric radiologists use in evaluating infants with MUF.

Richard Ofshe, Ph.D. is an internationally recognized expert on false confessions.

A member of the team that shared in the 1979 Pulitzer Prize for Public Service that was awarded to the Point Reyes (CA) Light newspaper, Dr. Ofshe is a Professor Emeritus in the Department of Sociology at the University of California at Berkeley..

Douglas Peters, J.D., is a criminal defense lawyer from Decatur, Gerogia. He is a past President of the Georgia Association of Criminal Defense Lawyers, has been recognized each year as a Super Lawyer in Georgia for the past 15 years, and was named the “Georgia Lawyer of the Year” for Criminal Defense for 2013, 2016, and 2018 by The

Best Lawyers in America.

Greg Shoukimas, M.D., is Medical Director of West Suburban Imaging Center, Wellesley Hills, Massachusetts Medical School: Tufts University, Boston University; Fellowship: Massachusetts General Hospital; Board Certification: American Board of Radiology; He has taught classes at Harvard Medical School and Boston University.

Waney Squire, M.D., a neuropathologist from Oxford, England who has served as SBS expert witness. At one time, Dr Squier believed in the theory of SBS and appeared as a witness for the prosecution in a number of cases. Upon examining the available evidence more closely, she has come to believe that there is no evidence to support SBS Kris Sperry, M.D.,theory. is a forensic pahtology specialist in Peachtree City, Georgia. He earned his M.D. from the University of Kansas School of Medicine in 1978. His work began on an American-Indian reservation hospital in New Mexico. He was the Chief Medical Examiner for the State of Georgia from 1997-2015.

David W. Thompson, Ph.D. is licensed in Wisconsin, Illinois, South Carolina and Michigan, He specializes in working with children and teens who demonstrate disruptive or problematic behaviors. He also provides consultation and other services to numerous social service agencies. . Lorin J. Zaner, J.D. has been a licensed attorney in Ohio and Michigan since 1976. His scientific background in biochemical engineering has been invaluable to him in his practice, particularly in cases which require a scientific approach. Over the years, he has developed extensive knowledge in representing people regarding child abuse related cases and has obtained numerous acquittals.

Meeting Location

Looking for iconic Vegas ambience with a luxurious, modern feel? This is your place. Located in the heart of Fremont Street’s never-ending party, Golden Nugget Hotel & Casino offers a hip vintage vibe you just won’t find on the Strip. The dazzling light shows. The buoyant live music. The world’s largest nugget of gold. You’ll be able to experience it all firsthand when you book a stay at Golden Nugget Las Vegas.

Our Downtown Las Vegas hotel features more than 2,000 inviting rooms and suites designed with a variety of thoughtful amenities. After an adventurous day, dip into our lagoon-style swimming pool, which circles a three- story shark tank with a waterslide running right through it.

There is the world famous casino plus 10 restaurants. One of the 2 pools is the Tank. Fun-filled, sun-filled, it features a 200,000 gallon shark tank aquarium, three-story complex, and 17 private cabanas. Climb 30 feet in the air. Close your eyes and rush down through the Tank on our world-class, one-of-a-kind waterslide. Experience the thrill of swimming right next to our sharks.

Hotel Accommodations Golden Nugget Hotel Information

Tues, 10/15 Wed, 10/16 Thurs, 10/17 Fri, 10/18 Sat, 10/19 Carson Tower $69.00 $69.00 $69.00 $119.00 $119.00 Gold Tower $79.00 $79.00 $79.00 $129.00 $129.00 Rush Tower $89.00 $89.00 $89.00 $139.00 $139.00

+ $25 per night Resort fee plus Local tax; Single or double occupancy

800-331-5731 Group Code: GSNCADR

Continuing Legal Education

We will apply for Continuing Legal Education (CLE) accreditation for states that require CLE for attorneys except for ethics hours in the State of Virginia . We anticipate approval for 19 – 22 CLE hours including 1.0–2.6 ethics hours for other states. We do not guarantee approval of any hours even though we have never been denied general hours by any state. We do not apply for psychological, medical or other disciplines’ continuing education credits. Many of those associations will honor the conference for credits, but you should contact that association directly to determine if they will accept the hours for credits.

National Child Abuse Defense & Resource Center® Kimberly A. Hart, Executive Director

The National Child Abuse Defense & Resource Center (NCADRC) is a non-profit, tax-exempt organization with an all-volunteer staff. Starting in 1989, the NCADRC's main emphasis has been on education of attorneys, public defenders, psychologists and other professionals who deal with child abuse allegations. Our philosophy has been that the science and research dealing with the various issues connected to child abuse cases has been ignored by police/child protective investigators, prosecutors, alleged child abuse "experts" who present their "beliefs" and opinions as conclusive fact, and others who assume that an allegation of child abuse is true rather than investigating to see if it is true. We believe that by utilizing the science and research dealing with child abuse issues, you can ferret-out many of the false cases.

Over the past two decades, Barry Scheck along with colleagues with the various Innocence Projects have overturned convictions of hundreds of people on death row or serving life sentences who were completely innocent (through DNA testing). Unfortunately, there is not DNA testing available in most cases for child abuse (i.e. sexual). Most convictions result from a combination of an alleged victim who has been coached through various means, an alleged pseudo-expert who basically confirms what he or she was told by the alleged victim, and/or through the admission of hearsay to corroborate the alleged victim. Over the years, special laws/rules have been incorporated in the court system (supported by higher court decisions) that have allowed convictions of alleged child abusers to become easier through 404(B) and other exceptions.

Many cases can be defended by using the research and science that is available. It is the duty of any attorney or other professional who is involved in child abuse cases to become acquainted with the science and research and incorporate it into the courtroom setting. Hardship Policy & Scholarships

Our goal is that anyone who desires to attend be able to do so regardless of their financial ability. If someone attests to us that it would be a financial hardship to attend the conference, they will receive up to a 50% reduction in fees. Any public defender who has to pay out-of-pocket should contact us for a discount and/or full scholarship. We have a limited number of full scholarships which waives all registration fees Let us know if you wish consideration for these scholarships.

Pat Justice Scholarship given in memory of this Clark County, NV Public Defender

Mark Stanziano Scholarship given in memory of this Kentucky defense lawyer.

Dr. Norman Guthkelch Scholarship given in memory of the pioneer of SBS who volunteered on Innocence Project cases.

National Child Abuse Defense & Resource Center®’s 20th International Conference Child Abuse Allegations: Scientific Fact & Reason vs. Myth & Emotion (Thursday, Friday and Saturday) October 17 - 19, 2019 at Golden Nugget Hotel & Casino, Las Vegas, Nevada

R E G I S T R A T I O N F O R M

Name: ______

Firm or Office:______

Address: ______

City: ______State: ______Zip:______

PH: ( )______Fax: ( )______

Email: ______Occupation: ______A CONFIRMATION WILL BE EMAILED TO YOU!!

Atty Bar#: ______STATE: ______Bar #______STATE: ______(If licensed in more than one state)

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Includes registration, continental breakfasts, breaks, materials on CD-Roms or Thumb-drives, etc.

Fax, email, mail by 6/01/2019 6/02/2019 thru 9/20/2019 After 9/20/2019

Private Practice…$ 599 Private Practice…$ 650 Private Practice…..…$ 699 (Attorneys, Psychologists, P.I.s, M.D., Social Workers, Therapists, & All others not listed under P.D. category)

Fax, email, mail by 6/01/2019 6/02/2016 thru 9/20/2019 After 9/20/2019

Public Defender…$ 490 Public Defender…$ 545 Public Defender….….$ 590 (Public Defenders, PD Investigators, Paralegals, Active Military, Legal Aid)

CD-Rom’s or thumb-drives with all materials and a printed copy of the overheads will be provided to all attendees.

Cancellations: We will refund your registration minus $100.00 if you notify us of your cancellation by Oct. 1, 2019. If we are notified between Oct.1 and Oct. 14, 2019, we will issue a 50% refund. All cancellations after October 14, 2019 are nonrefundable. Course materials will be mailed to you if you cancel under the 50% or non-refundable cancellation terms.

Public Defender/Govn’t Offices: We accept billings from Public Defender and Government agencies. Spaces can be reserved under the lesser amount categories above and names provided later. We do allow substitutions. Re: Billings--Fax, email or snail-mail Registrations and then call 419-865-0513 to advise us regarding billing arrangements. ***********************************************************************************************************************************

Seminar Fee: $ ______

TX, UT, IL, NE, FL, PA CLE fee, add $20 $ ______CLE fees (if applicable) GA CLE fee, add $ 5 per hour up to 19 hrs ($95), i.e, The number of hours you wish to claim times $5. NC CLE fee, add $ 3 per hour up to 19 hrs ($57), i.e., The number of hours you wish to claim times $3. **We are applying for regular CLE hours to the State of VA, but not ethics hours**

Amount enclosed or credit card: $ ______

I want my materials on: Thumb drive______CD-Rom______

Check { } pay to: NCADRC (You may fax/email form and mail check w/in 24 hrs.) or Credit Card { }: Visa, Mastercard, Discover, American Express accepted.

Credit Card # ______Exp ______CVV ______

Authorized Signature: ______

(For Credit/Debit Card registrations)

Mail, Email or Fax this FORM to: NCADRC, P.O. Box 638, Holland, Ohio 43528. Our Fax # is 419-865-0526. (For email, fill-in, scan to your computer and send to as an attachment at [email protected])

Marsy's Law, the California Victims' Bill of Rights Act of 2008, enacted by voters as Proposition 33 through the initiative process in the November 2008 general election, is an Amendment to the state's constitution and certain penal code sections. The act protects and expands the legal rights of victims of crime to include 17 rights in the judicial process, including the right to legal standing, protection from the defendant, notification of all court proceedings, and restitution, as well as granting parole boards far greater powers to deny inmates parole.[1] Passage of this law in California has led to the passage of similar laws in Florida, Georgia, Illinois, Kentucky, Nevada, North Carolina, Oklahoma, and Ohio,[2] and efforts to pass similar laws in Hawaii, Iowa, Montana, Idaho, and South Dakota. In November 2017, Marsy's Law was found to be unconstitutional and void in its entirety by the Supreme Court of Montana for violating that State's procedure for amending the Montana Constitution. Montana Association of Counties v. State by and Through Fox, 404 P.3d 733 (Mon. 2017)

1. ^ American Civil Liberties Union (November 1, 2017), Montana Supreme Court Strikes Down Marsy’s Law as Unconstitutional – ACLU Lawsuit Voids CI-116, retrieved November 6, 2018

The passage of this law in California has led to efforts in other states to pass similar laws. In Illinois, voters passed an amendment to the state constitution, called Marsy’s Law for Illinois.[20]. In Ohio voters passed an amendment called the Ohio Crime Victims Bill of Rights (Marsy’s Law). There are efforts to introduce similar Marsy's Laws in Georgia,[21]Hawaii,[22] Montana,[23] Nevada,[24] South Dakota,[25] Florida,[26] Maine[27], and North Carolina.[28]

The ACLU has criticized Marsy's Law for undermining due process[37], for being poorly drafted, and for being a threat to existing constitutional rights. The basis of the criticism is that equating victims’ rights to the rights of the accused is a fallacy that ignores the very different purposes these two sets of rights serve. This is not because defendants' rights are valued more by society than victims’ rights. Defendants’ rights are rights against the state and apply only when the state is attempting to deprive the accused – not the victim – of life, liberty, or property. They serve as essential checks against government abuse, preventing the government from arresting and imprisoning anyone, for any reason, at any time. Victims’ rights are not rights against the state, but against another individual. The approach taken by Marsy’s Law includes rights that could actually strengthen the state’s hand against a defendant, undermining a bedrock principle of our legal system — the presumption of innocence. Parallels have been drawn to Title IX cases on campuses.

Ohio: The right to refuse an interview, deposition, or other discovery request by an accused, except as provided by Article I, Section 10 of Ohio’s constitution.

This provision preserves the balance between Criminal Rule 16 and Criminal Rule 17(c). The United States Supreme Court (and the Ohio Supreme Court) have been very clear that criminal discovery and the mechanism to get information from third parties, like victims, in the criminal justice process are distinct. Criminal Rule 17(c) dictates that prosecutors and defendants must use subpoenas to get information from victims and other third parties. This provision prevents the defense from circumventing Rule 17(c) and seeking private information from victims through improper discovery requests.

Impact on prosecutors Prosecutors may be asked to file motions on behalf of victims to protect victims’ right to privacy.

Impact on courts Courts will have to consider this new constitutional right when determining whether to allow a defendant access to victim information or records pursuant to subpoena..