INDICTMENT: THE McMARTIN TRIAL

US, 1995, 135 minutes, Colour.
James Wood, Mercedes Ruehl, Lolita Davidovich, Sada Thompson, Henry Thomas, Shirley Knight, Mark Blum, Alison Elliott, Chelsea Field, Joe Urla, Richard Bradford, James Cromwell.
Directed by Mick Jackson.

Indictment: The Mc Martin Trial is an important telemovie produced by Home Box Office. HBO produced a number of significant films for theatre as well as television release including Sometimes in April.

During the 1980s and 1990s, issues of paedophilia emerged and so did accusations and court cases. Targets were offenders within church communities as well as managers of child care centres. This film is about the Mc Martin family who ran a child care centre, were accused by the children in 1983, subjected to court proceedings for seven years and ultimately found innocent. It highlights the fanaticism of people who take up a cause rather than examining the evidence. It also highlights the difficulty of infants’ testimony and the possibilities of children being manipulated by inexperienced or prejudiced therapists.

Many films, including HBO’s Judgment, explored themes of paedophilia and sexual abuse on children, especially 1990s Judgment about the first case brought to light in Louisiana in the 1980s in the Catholic church. Indictment is a counterbalance to the presentations of guilt. It is a cautionary tale about public opinion, witch hunts, and the manipulation of false memories.

The film was based on court records and interviews. It was directed by Englishman Mick Jackson (A Very British Coup for British television and Hollywood films like The Bodyguard and Volcano). The screenplay was written by veteran Abby Mann, author of Judgment in Nuremberg and developer of the television series, Kojak.

Film has a very strong cast. James Woods is legal hack, Danny Davis, who rises to the occasion over a long period in order to find justice for the McMartin? family. It is a flamboyant role, perfectly suited to James Woods’ screen persona. On the other hand, Mercedes Ruehl is painted in rather dark colours as the prosecutor who is intent on victory rather than on justice. The supporting cast includes Lolita Davidovich as the irresponsible therapist who uses questionable methods with the children. Sada Thompson and Shirley Knight are the two elderly members of the family charged while Henry Thomas, a long way from ET, is the main accused.

The film is strong in its dialogue, strong in its characterisations – and a well worthwhile film to see when reflecting on issues of sexual abuse of children.

1. The film based on a true story, using court records and interviews? A picture of American law and justice in the 1980s?

2. The issues, child abuse, the revelation of the 1980s? Child care? The possibilities of molestation and abuse? The background of paedophile networks? Public response, the media, hysteria, vigilante activities? Therapies and memories for the children – and false memories?

3. The issue of the children’s testimonies, the possibilities of children aged between three and six giving appropriate testimony, the imaginations of children at that age? Their responding to please adults? The various devices used by the therapists, suggestions of memories? Expectations on the children? The traumas they had experienced – and the traumas in going through the therapy? The anxiety of the parents?

4. The Californian settings, the child care centre? Prison, the courts? Danny Davis’s home? The atmosphere of California, the coast? The mood? The musical score?

5. The objectivity of the structure: dates and days, the cumulative effect of the number of days? The perspective of the screenplay? The not guilty verdict in retrospect? Where did audience sympathies lie? Heroism and heroics on the part of Danny Davis? Demonising Lael Rubin? The role of the media and the critique of the media?

6. The Mc Martins, their back-stories, the media’s response to them and their arrest? The reporting of the accusations? The truth of “media frenzy”? The manner of the arrests, the publicity, the focus on the Mc Martins, the older women who worked for them with their background stories, families, children, reputations? Ray, the arrest, tearing up the pornographic photo? Their reactions to the arrest? Each character, moral strength, fears?

7. The portrait of the police, tough, unfeeling? The treatment of the Mc Martins in prison? The preparation for the bail hearing, Lael Rubin and her saying they were a danger, the surprise for Danny Davis? The refusal of bail? The eventual reconsideration for some of the people? The hardships in prison? Peggy Ann finally being allowed to leave, her mother and her fears? Letting her daughter go? Their being in the cell together – and the possibility of surveillance? Peggy Bucky’s experience of prison – especially the search, naked, the disregard by the warders?

8. Virginia Mc Martin, the matriarch, age, infirmity? Her love for children? Her appearance, the dark glasses? Strong-minded? The relationship with her daughter and the other members of the staff? Her behaviour in the court – and her eventual anger, wanting to walk out?

9. Peggy Bucky, age, timid, ignorant of sexual matters? Surviving in the prison despite everything? The inhumane treatment? The trial, her getting out, the walk on the beach with her daughter and her inability to begin again, agoraphobia?

10. Peggy Ann, her age, teaching qualifications, in the cell with her mother, her being allowed out? With Davis and his wanting gratitude from her? Her support of her mother? Her finally regaining her qualifications, marrying and having children?

11. Ray, his appearance, his history of dropping out of school, drug-taking, his interest in pyramid schemes and superstitions? The pornographic material? His arrest, his being demonised? Demonstrations, placards against him? In jail, having to endure it, the discussions with Danny Davis, his feeling suicidal? The passing of the years, the exercise treadmill? The final getting of bail, staying with Danny, Danny pressurising him in preparation for the cross-examination by Lael Rubin? His final cross-examination and his strength of character, answering her directly, looking into the jury’s eyes? The demand for a retrial, with Danny in the bar, his giving the information to the television? His vindication?

12. James Woods as Daniel Davis, initially watching the TV, wanting the case, taking it, his wife’s disapproval – and her later voicing of the objections, the voice of the public? His being a hack, dealing with drug dealers? His reputation? Wanting this case to make him? James Woods’ screen presence, style, jittery and nervy? Yet afraid underneath because he was just an ordinary lawyer? His cavalier face to the world? The arrest, his not taking the family seriously, the progress in his understanding them and supporting them? The failure for bail? His later remedying the situation? His beginning to make investigations, his associate, watching the tapes with Peggy Ann and Ray? His realisation that the children were being coached? Visiting the house, the open windows after the arson attempt? His going to the storage of the shop and finding it was open? The visit to Mrs Johnson and finding the truth about her husband’s abuse of their son, her alcoholism, mental condition? His abrasive manner with the media? People spitting on him? The clashes with Lael, in the office, accusing her of withholding evidence? His continually getting more evidence as the years went on? The hearings, the judges being severe on him initially, overruling him? In the court, his interview with the boy – and the greeting for Snoopy? Gaining the child’s confidence? Getting the truth from the child? The criminal and his perjury – and his going public, getting the criminal to say he had no credibility? The cross-examination of Ray, the triviality of Lael Rubin’s insinuations? The strong cross-examination of Key Mc Farlane, about her qualifications, the video clips, her methods? At the end, having Ray out on bail? The not guilty decision, the DA’s office offering him the deal, his taping it and giving the information to the media? As a character, change of heart, humanised by the experience? His declarations of love for the law and justice?

13. Lael Rubin, her aims in prosecution, belief in the cause, obsessively determined? The evidence, her cavalier attitude? Working with Christine and Glenn Stevens? The discussions with the district attorney? Her intensity, speaking to the media, the hearings, objections? Glenn going to the press and her denouncing him? The arguments with Danny in her office? The evidence? The media interview and her blaming him for Mrs Johnson’s death? The final cross-examination, her being laughed at and humiliated?

14. Glenn Stevens, conscientious, getting the evidence, the questions about Mrs Johnson, the children’s testimony? The tapes? The pressure of time? The interviews with the children in court, Davis’s rebuttal? Mrs Johnson’s death? His going to the press? Christine and her looking at the evidence, sharing his views? Her not supporting him against Lael Rubin? The discussions with the district attorney, his realisation that there was no case? Tactical and political moves? The dismissal of the charges against five of the accused, leaving Peggy and Ray in jail?

15. The criminal, on television, talking about Ray’s confession, in court, Danny going public, his hiding, arrest – the cross-examination and admitting he had no credibility?

16. Mrs Johnson as the first of the accusers, her relationship with her husband, the divorce, her son and his being molested? Her mental problems, the dog being molested? Paranoid schizophrenic? Alcoholic? The pathos of her death?

17. Wayne Satz, the suave television reporter, his being on the news, taking the hard line, exploitative? His relationship with Key Mc Farlane, in Tahiti with her? His return, the denunciation by his colleagues? “You can't say anything you like on television.”

18. Key Mc Farlane and her assistant, the introduction to her, seeing her on the television, her reports, her crusade against the Mc Martins? Her being sure of herself, the nature of her techniques, the assistant and the videos with the children, the dolls, the sexually explicit dolls, the sexually explicit language? Their explanation of being frank with the children helping them to articulate what they were afraid of? The court scene with the clips, the black doll and the implications of racism, referring to Miss Peggy as Miss Piggy? The defence by Key Mc Farlane of her work? Creating false memories?

19. The verdicts, public hysteria, conspiracy theories – and the vigilante man saying that there was a pornographic police ring in Los Angeles – for the sake of getting nationwide attention to the cause of the children?

20. The children, their age, experience, being led in what to say, the wild imaginations in going to airports, Satanism, churches? Being exposed to the therapists? The dolls? The effect? Their behaviour in court?

21. The prevalence of molestation, the importance of the issues coming to the surface in the 1990s? The balance of false accusations, innocence rather than guilt presumed? This film as a balance in this perspective?