Contested Cases

McMartin Preschool Reconsidered: What the Seven-Year Trial Actually Proved (and What It Did Not)

By Brian Nuckols · · 24 min read

Summary

The McMartin Preschool prosecution ran from September 1983 through July 1990, lasted approximately seven years end-to-end, cost an estimated $15 million, was the longest and most expensive criminal trial in U.S. history at the time, and produced zero convictions. The case is correctly remembered as a wrongful prosecution and was stipulated in advance by this cluster as part of the daycare-panic wrongful-conviction record. The internal record of the case is also more complex than the popular dismissal allows. Original prosecutor Glenn Stevens resigned in protest, alleging that his colleague Robert Philibosian had withheld exculpatory evidence including the fact that Judy Johnson's son had failed to identify Ray Buckey in photographs. Nine of the eleven jurors at the first trial stated post-verdict that they believed the children had been molested but that the evidence did not prove who had done it. The medical findings by Dr. Astrid Heger were contested rather than absent. The tunnel question was investigated by an archaeologist who claimed positive findings and rebutted years later by independent researchers. This article reads the case on the primary-source record and asks what it actually proved on its own terms.

Table of Contents

TLDR: The McMartin Preschool prosecution ran from September 1983 through July 1990, lasted approximately seven years end-to-end, cost an estimated $15 million, was the longest and most expensive criminal trial in U.S. history at the time, and produced zero convictions. The case is correctly remembered as a wrongful prosecution and was stipulated in advance by this cluster as part of the daycare-panic wrongful-conviction record. The internal record of the case is also more complex than the popular dismissal allows. Original prosecutor Glenn Stevens resigned in protest, alleging that his colleague Robert Philibosian had withheld exculpatory evidence including the fact that Judy Johnson’s son had failed to identify Ray Buckey in photographs. Nine of the eleven jurors at the first trial stated post-verdict that they believed the children had been molested but that the evidence did not prove who had done it. The medical findings by Dr. Astrid Heger were contested rather than absent. The tunnel question was investigated by an archaeologist who claimed positive findings and rebutted years later by independent researchers. This article reads the case on the primary-source record and asks what it actually proved on its own terms.

The McMartin Preschool case is the cornerstone of the satanic-panic literature. Richard Beck’s We Believe the Children treats it at length. The existing TCA satanic-panic case article treats it through the MHEES evidence-classification framework. The existing TCA hub article on the satanic panic places it as the canonical case in the “panic” tier, where physical evidence was absent and the prosecution’s evidentiary architecture collapsed under appellate scrutiny. None of those treatments is wrong. This article does not contest them.

What this article adds is the internal complexity of the case as a primary-source object. McMartin is correctly remembered as a wrongful prosecution. The seven-year trial is correctly remembered as a debacle of prosecutorial overreach, contaminated child interviewing, and media amplification. What is sometimes lost in the popular-dismissal account is that the internal record of the case contains: a prosecutor who resigned in protest of his own office’s misconduct, a jury that split nine-to-two on whether the children had been molested while finding the evidence insufficient to convict, a contested medical record that was not simply absent, and a tunnel-evidence dispute that has continued to generate scholarly disagreement for decades. The case is more interesting on its own primary-source record than either the panic-side prosecution or the dismissal-side debunking literature has tended to render it.

This article reads the record on its own terms.

September 7–8, 1983: How It Started

On September 7, 1983, Ray Buckey, a teacher at the McMartin Preschool in Manhattan Beach, California, was arrested. The arrest followed a complaint by Judy Johnson, the mother of a two-year-old boy who had attended the preschool. Johnson had reported to the Manhattan Beach Police Department that her son had been sodomized at the preschool by Ray Buckey and by her own estranged husband. The dual-perpetrator framing of the original complaint is part of the contemporaneous record and was de-emphasized in much of the subsequent reporting on the case.

On September 8, 1983, the day after Buckey’s arrest, the Manhattan Beach Police Department sent a form letter to approximately two hundred parents whose children attended or had attended McMartin. The letter informed them that an investigation was under way into “possible criminal acts include: oral sex, fondling of genitals, buttock or chest area, and sodomy” and asked the parents to question their children about whether they had experienced any such conduct. The form letter is a documented procedural choice. The letter framed for parents, in advance of any verified evidentiary basis for any of the listed acts, the specific category of conduct that the investigation was looking for. The methodological literature on the suggestibility of child witnesses, which would develop substantially over the next decade, identified pre-interview framing of this kind as among the most consequential sources of testimonial contamination.

The September 8 form letter and the September 7 arrest are the operational beginning of what would become the McMartin investigation. By the spring of 1984, the investigation had absorbed approximately three hundred and sixty children whose interviews at the Children’s Institute International had produced allegations of varying specificity. By March 22, 1984, seven defendants had been charged with one hundred and fifteen counts, eventually expanded to three hundred twenty-one counts involving forty-eight children.

The seven defendants were Virginia McMartin (the elderly founder of the preschool), her daughter Peggy McMartin Buckey, her grandson Ray Buckey, her granddaughter Peggy Ann Buckey, and three additional teachers: Mary Ann Jackson, Betty Raidor, and Babette Spitler. The charging spanned three generations of the McMartin family and the entire teaching staff of the preschool.

The Children’s Institute International and Kee MacFarlane

The interviews that produced the children’s testimony were conducted at the Children’s Institute International, a Los Angeles agency that had contracted with the Manhattan Beach Police Department to conduct the investigatory interviews. The director of the program was Kee MacFarlane, a social worker who held a master’s degree in social welfare and who had no formal training in forensic interviewing of child witnesses. The CII interviews were videotaped. The videotape record subsequently became part of the trial evidence and is the primary source on which the methodological critique of the interviewing process is built.

The expert who testified on the interview process at trial, Michael P. Maloney, characterized the techniques used at CII as “improper, coercive, directive, problematic and adult-directed.” The Maloney testimony summarized features that were visible on the videotape record: the use of leading questions that contained the substantive content of the eventual allegations; the use of anatomical dolls in ways that primed sexualized framings; the reinforcement of allegation-consistent answers and the discouragement of allegation-inconsistent answers; the explicit presentation to children of the information that other children had already disclosed abuse; and the use of stuffed animals and puppets as proxies through which children were invited to disclose to a non-human interlocutor what they had not disclosed to an adult.

The CII interview record was the load-bearing evidentiary base of the prosecution. Of the approximately three hundred and sixty children CII interviewed, only forty-one were called to testify before the grand jury, and fewer than a dozen testified at the actual trials. The narrowing was substantial. The interview process generated allegations from a much larger pool of children than the prosecution was ultimately willing to put in front of either the grand jury or a trial jury, which is itself part of the case’s internal record.

The methodological literature on suggestive interviewing of child witnesses, including Stephen Ceci and Maggie Bruck’s Jeopardy in the Courtroom (1995) and the substantial body of subsequent peer-reviewed research, established that techniques substantially similar to those used at CII can produce detailed false accounts in young children. The research literature has been one of the most consequential outputs of the daycare-panic period and is treated separately in the cluster’s discussion of the broader procedural reforms the wrongful-conviction record produced.

Dr. Astrid Heger and the Medical Examinations

The medical-evidence question in McMartin is more complex than the popular-dismissal account allows. Dr. Astrid Heppenstall Heger, a pediatrician at the Children’s Institute International, conducted physical examinations of children whose interviews had produced allegations of abuse. Heger photographed what she characterized at trial as physical findings consistent with anal penetration. Her testimony presented the photographs as documentation of injury that had been produced by sexual contact.

Heger’s findings were contested at trial. Defense expert testimony argued that the photographed findings were within the range of normal anatomical variation and were not, on the available pediatric evidence, indicative of abuse. The methodological dispute over what specific configurations of pediatric anatomy do and do not constitute evidence of abuse was an active question in the broader pediatric and forensic literature throughout the 1980s and 1990s, and remains a debated question in narrower technical contexts today.

The journalist John Earl, whose subsequent investigative work on the case substantially shaped the dismissal-side account, questioned the validity of Heger’s findings in detail. Earl’s analysis, published in subsequent retrospective journalism, argued that the photographs Heger had presented as evidence of abuse depicted normal anatomical variation that had been over-interpreted under the influence of the broader investigatory framing.

The relevant point for the present article is that the medical evidence in McMartin was not absent. It was contested. A pediatrician with credentials and clinical experience presented findings she characterized as evidence of abuse. Defense experts and subsequent independent reviewers argued the findings were over-interpreted. The contested status of the medical evidence is part of the case’s primary-source record, and it is one of the elements that made the prosecution sustainable as long as it was. The popular-dismissal framing that “no physical evidence existed” simplifies a more specific claim, which is that the physical evidence presented at trial did not survive subsequent specialist review.

The MHEES classification approach the existing TCA hub article applies grades the medical evidence at McMartin at P1 in the negative direction: that is, the prosecution failed to establish abuse-consistent physical findings to the standard required to support its other claims. That grading is correct. The medical evidence in McMartin failed at trial-relevant evidentiary standards. The grading is consistent with the wrongful-prosecution conclusion. It also does not erase the fact that medical findings were presented and were the subject of substantive technical dispute, rather than that no medical findings existed at all.

Glenn Stevens and the Resignation in Protest

In late 1986, after the case had been under prosecutorial development for three years and the preliminary hearing was nearing its conclusion, Glenn Stevens, one of the original prosecutors assigned to McMartin, resigned in protest of his own office’s conduct of the case. Stevens’ departure is one of the case’s most consequential internal-record events.

Stevens alleged that Robert Philibosian, the deputy district attorney who supervised the case at the time, had withheld exculpatory evidence from the defense. The specific items Stevens identified included the fact that Judy Johnson, whose original complaint had initiated the investigation, had been diagnosed with acute paranoid schizophrenia and was hospitalized; the fact that Johnson’s son had failed to identify Ray Buckey in photographs presented during the investigation; and the broader fact that the prosecution had not disclosed Johnson’s mental health record to the defense for the three years that had elapsed since the original arrest.

Stevens’ allegations were public. They were entered into the case’s procedural record. They formed part of the basis on which the new district attorney, Ira Reiner, who took office in 1986, characterized the evidence in the case as “incredibly weak” and dismissed charges against five of the seven defendants: Virginia McMartin, Peggy Ann Buckey, Mary Ann Jackson, Betty Raidor, and Babette Spitler. The 1986 dismissals reduced the case to two defendants, Peggy McMartin Buckey and Ray Buckey, who would proceed to the trial that began in July 1987.

The Stevens resignation establishes that the McMartin prosecution was understood, from inside the prosecutor’s office, as procedurally compromised by mid-1986. The resignation was not an external critique. It was an internal one, and the line prosecutor who made it left his job to make it. The popular-dismissal account of McMartin sometimes treats the case as if the prosecution was uniformly committed to its theory of the case throughout the seven-year duration. The internal record establishes that it was not.

The First Trial: July 1987 – January 1990

The first trial of Peggy McMartin Buckey and Ray Buckey began on July 13, 1987, and concluded on January 18, 1990. The trial extended over two and a half years. Ray Buckey was held without bail for the early portion of his pretrial detention, was granted bail at three million dollars in 1987, had bail reduced to one and a half million dollars in December 1988, and was released in February 1989 after nearly five years in jail awaiting and undergoing trial.

A jailhouse informant, George Freeman, testified in October 1987 that Ray Buckey had confessed to him during their period of co-incarceration. Freeman subsequently admitted to perjury in other cases. The Freeman testimony was one of the items the prosecution had introduced to bolster a case whose primary evidentiary base, the children’s CII interviews, was under sustained methodological attack from the defense.

The verdict on January 18, 1990 produced the outcomes that have defined the public memory of the case. Peggy McMartin Buckey was acquitted on all counts. Ray Buckey was cleared on fifty-two of sixty-five counts. The jury deadlocked on the remaining thirteen counts.

What is less prominent in the popular memory is what the jurors said about their decision. Nine of the eleven jurors who participated in the verdict stated, in post-verdict interviews and in subsequent published reflections, that they believed the children had been molested but that the evidence did not prove who had done it. The juror split is documented in contemporaneous reporting and is reproduced in Douglas Linder’s UMKC famous-trials archive on the case. Juror Brenda Williams’ subsequent reflection, “I now realize how easily something can be said and misinterpreted and blown out of proportion,” is part of that record.

The nine-to-two split among the jurors is the most analytically interesting feature of the verdict. The jurors had spent two and a half years hearing the prosecution’s evidence. Their majority position was not that no abuse had occurred. Their position was that the prosecution had failed to prove that the specific defendants on trial had been the perpetrators. The distinction is consequential. A jury that believes children were molested but cannot identify the perpetrator is not endorsing the panic-frame narrative. It is also not endorsing the categorical-dismissal narrative. It is rendering the verdict the evidence as presented warranted, which is acquittal where guilt is not proven, while not endorsing the broader claim that nothing had occurred.

The Second Trial and the End of the Prosecution

The second trial of Ray Buckey, on the six of thirteen deadlocked counts that the prosecution elected to retry, ran from May 7, 1990 through July 27, 1990. The trial concluded in a hung jury on the retried counts. The prosecution declined to pursue a third trial. All charges against Ray Buckey were dismissed. Ray Buckey had spent five years in jail without conviction.

The dismissal of the second trial concluded the case as an active criminal proceeding. The institutional record was that the McMartin Preschool case had produced zero convictions over seven years of prosecution at a cost of approximately fifteen million dollars, that the case had absorbed the careers of multiple prosecutors and the lifespan of one of the original defendants (Virginia McMartin had died during the proceedings), and that the surviving defendants had been left to reconstruct their lives under the shadow of accusations that had not been substantiated and would not be revisited.

The McMartin Preschool building was demolished in 1991.

The Tunnel Evidence

The tunnel question is the most contested single element of the post-trial McMartin record. The original allegations included claims that children had been transported through underground tunnels beneath the preschool. The claims were among the most spectacular elements of the testimony and were generally treated, by the time of trial, as among the least credible elements of the prosecution’s case. The geological evidence at the site, on the surface, did not appear to support the existence of substantial underground structures.

In May 1990, after the first trial had concluded, archaeologist E. Gary Stickel reported that ground-penetrating radar surveys conducted at the McMartin site had identified subsurface anomalies that he characterized as consistent with the existence of tunnels. Stickel’s report was based on instrument readings that he interpreted as indicating disturbance of the soil profile beneath the building consistent with excavated and refilled cavities. Stickel’s findings were funded in part by parents whose children had been complainants in the case and were not the product of an officially commissioned excavation. The findings were published in subsequent post-trial commentary on the case.

In 1995, journalist John Earl conducted a counter-investigation. Earl’s analysis, which has been one of the most cited rebuttals of the Stickel report, argued that the concrete slab above the alleged tunnel locations was undisturbed except at a small sewer-access patch, that no tunnel-lining materials of any kind were recovered, and that the fill in the cavities Stickel had identified contained materials dating to approximately 1940, well before the McMartin Preschool’s operational period. Earl’s argument was that the cavities were either pre-existing geological features or pre-existing waste pits unrelated to the alleged abuse.

In 2002, W. Joseph Wyatt published a peer-reviewed analysis of the tunnel question concluding that the cavities Stickel had identified were most consistent with pre-1966 rubbish pits. Wyatt’s analysis identified materials in the fill including 1930s and 1940s glass bottles, tin cans, and animal bones. Of materials dated to after 1966, Wyatt identified only three items, of which one was a small plastic fragment that Wyatt characterized as “most likely dragged into the pit by rats.”

The tunnel question has remained contested in subsequent decades. Stickel’s findings have not been formally retracted. Earl and Wyatt’s rebuttals have not been formally adopted by Stickel’s supporters. The existing TCA hub treats the tunnel question as resolved against the existence of tunnels under MHEES classification, on the basis that the post-investigation evidence did not produce affirmative confirmation of the original tunnel claims to the standard required for evidentiary support of the broader allegations. That classification is consistent with the wrongful-prosecution conclusion. The tunnel question remains contested in the underlying technical literature, and the cluster does not endorse a position on the underlying technical dispute. The relevant point for this article is that the tunnel question, like the medical-evidence question, was investigated rather than left as bare absence, and that the investigations produced disputes that have continued for decades.

The Wayne Satz–Kee MacFarlane Relationship

Among the case’s most consequential structural features was the relationship between the media coverage that amplified the allegations and the institutional sources that were producing the underlying interview record. Wayne Satz, the KABC television reporter whose coverage from late 1983 through 1984 substantially produced the public-attention escalation that generated the broader investigation, presented the children’s allegations on television without independent verification of the underlying claims. Satz subsequently entered into a romantic relationship with Kee MacFarlane, the director of CII, who was conducting the interviews that produced the testimony Satz was reporting on.

The Satz-MacFarlane relationship was not disclosed during the period of Satz’s primary coverage. It was documented in subsequent journalism on the case. The structural conflict of interest, in which the lead local-television reporter on a high-profile child-abuse case had become romantically involved with the head of the agency whose investigative output was the basis of the reporting, was material to the question of how the public-attention environment around the case had been constructed.

A second, separable, structural conflict involved the Los Angeles Times. Lael Rubin, one of the prosecutors on the case, became engaged to David Rosenzweig, an editor at the Times during the period of the paper’s primary coverage. The relationship was disclosed only after the case had concluded. David Shaw, also of the Los Angeles Times, subsequently won a Pulitzer Prize in 1991 for a four-part series critiquing his own paper’s coverage of the McMartin case. The Shaw series, published after the trial had ended, identified specific patterns in the Times’ McMartin coverage that Shaw characterized as failures of journalistic skepticism.

The two relationships, Satz-MacFarlane and Rubin-Rosenzweig, established that the local-media coverage of McMartin during the operational period of the prosecution was constructed in conditions where the journalists with the largest reach into the public attention environment were romantically affiliated with the institutional actors generating the prosecution’s evidentiary base. The structural conflicts are part of the case’s record and are among the elements that the cluster’s pillar article refers to when it observes that the wrongful-conviction record had structural causes that went beyond individual prosecutorial overreach.

The 2005 Recantation

In 2005, one of the adult complainants who had testified as a child in the McMartin case publicly retracted his original allegations. The recantation, published in the Los Angeles Times in 2005, included the statement: “I said a lot of things that didn’t happen. I lied. Anytime I would give them an answer that they didn’t like, they would ask again and encourage me to give them the answer they were looking for.” The recantation specifically described the CII interviewing process as having been the proximate cause of his eventual testimony.

The recantation is one of several post-trial events that have shaped the public-record assessment of the case. It does not, by itself, settle the question of what the underlying truth was for any of the original complainants. It does establish, on the public record from a primary participant, that the CII interviewing process was experienced by at least one of the children involved as coercive in a way that produced testimony the participant later characterized as untrue.

What the Case Actually Proved

The McMartin Preschool case proved several things on the primary-source record:

It proved that the prosecution failed. Zero convictions resulted from seven years of prosecution at a cost of fifteen million dollars. The prosecution’s evidentiary architecture did not survive trial-relevant evidentiary scrutiny on any of the most spectacular allegations.

It proved that the interviewing process was contaminated. The CII interview record, the Maloney expert testimony, the post-trial recantation, and the broader peer-reviewed literature on suggestive child interviewing established that the process by which the children’s testimony had been produced was capable of generating false accounts and that, in the McMartin case specifically, it produced accounts whose evidentiary reliability was insufficient to support conviction.

It proved that the prosecutor’s office acted improperly in specific documented ways. Glenn Stevens’ resignation in protest, the Reiner administration’s characterization of the evidence as “incredibly weak,” and the dismissal of charges against five of the seven original defendants in 1986, established the internal-prosecutorial record of acknowledged misconduct. The withholding of Judy Johnson’s mental-health diagnosis and of the photo-identification failure for three years was acknowledged in the case’s procedural record.

It proved that the local-media environment was structurally conflicted. The Satz-MacFarlane and Rubin-Rosenzweig relationships, the David Shaw Pulitzer-winning critique, and the broader press dynamics of the period established that the public-attention environment around the case was constructed under conditions where the standard journalistic skepticism that would normally constrain a high-profile child-abuse prosecution was substantially absent.

It produced a critical procedural reform. The methodological literature on suggestive interviewing that emerged in the years after McMartin, including the Ceci and Bruck research and the broader interviewing-protocol reforms in child forensic interviewing, was substantially driven by the McMartin record and is one of the most important institutional outputs of the daycare-panic period. The reforms have substantially improved the reliability of child witness evidence in subsequent prosecutions.

The McMartin case proved these things. They are the case’s substantive contributions to the public record. They are the basis of the wrongful-prosecution conclusion that the cluster stipulates and does not contest.

What the Case Did Not Prove

The McMartin case did not prove several things that it has, in subsequent popular reception, sometimes been understood to have proved:

It did not prove that the children at McMartin were not abused. Nine of the eleven jurors at the first trial said they believed the children had been molested. The verdict was acquittal because the prosecution failed to prove who had done it, not because the jury affirmed that nothing had occurred. The legal verdict and the broader factual question are not identical. The legal verdict is conclusive. The broader factual question is not.

It did not prove that organized child sexual exploitation does not exist as a category. The McMartin case proved that the organized-ritual-abuse theory at the McMartin facility specifically did not survive evidentiary scrutiny. It did not extend, on its own internal evidentiary base, to a categorical dismissal of organized child sexual exploitation in other contexts. The category-level question is taken up separately in the cluster’s pillar article and in subsequent articles on the post-2019 record.

It did not prove that recovered memories of childhood sexual abuse are categorically unreliable. McMartin involved contemporaneously elicited testimony from young children who were being interviewed shortly after the alleged events, not the recovered-memory phenomenon that became the subsequent focus of the False Memory Syndrome Foundation. The specific methodological problems documented in the McMartin interviewing process do not generalize to the separable clinical question of adult recovered memory.

It did not prove that all daycare-panic prosecutions were comparably wrongful. Each case in the daycare-panic record has its own evidentiary specifics. The cluster’s wrongful-convictions article treats five anchor cases on their individual records. McMartin is one anchor. Country Walk, in which Frank Fuster was convicted and remains incarcerated, is a different anchor whose record is distinct.

The distinctions matter because the popular reception of McMartin has frequently collapsed them. McMartin debunks the McMartin prosecution. It does not debunk the broader category of organized child sexual exploitation, the broader category of recovered memory, or the specific facts of other daycare-period cases. Each of those questions has its own evidentiary record and is examined on those records elsewhere in the cluster.

The Cluster’s Reading

The McMartin Preschool case sits at the intersection of two analytical positions that are both true and that are not in contradiction:

The prosecution was wrongful. The process by which the case was constructed was procedurally and methodologically compromised in documented ways. The defendants’ lives were destroyed by accusations that the evidentiary record did not support. The wrongful-prosecution conclusion is established on the public record and the cluster does not contest it.

The case is also internally more complex than the popular dismissal allows. Glenn Stevens resigned in protest of his own office. Nine of eleven jurors believed something had happened. Astrid Heger’s medical findings were contested rather than absent. Stickel claimed tunnel evidence and was rebutted; the dispute has continued for decades. The Satz-MacFarlane and Rubin-Rosenzweig relationships structurally compromised the local-media environment. The 2005 recantation specifically described the CII process as coercive.

A charitable re-reading of the case holds both positions. McMartin was a wrongful prosecution. The internal record of how it became one is more interesting than the popular memory has tended to render it. The case’s contributions to procedural reform in child forensic interviewing are substantial and are part of the cluster’s stipulated record. The case’s status as a category-level rebuttal to the broader question of organized child sexual exploitation is much narrower than it has sometimes been read as being, and the post-2019 record on that broader question is taken up elsewhere in the cluster.

The McMartin Preschool was demolished in 1991. The case it produced has not been demolished. It remains the cornerstone reference for any honest reading of the daycare-panic record, and a charitable re-reading owes it the specificity its primary-source record actually contains.

Frequently Asked Questions

Why does this article exist alongside the existing TCA satanic-panic McMartin article?

Because the cluster’s editorial method is to read each case on its own primary-source record, and the McMartin record has internal complexity that benefits from a longer treatment than the existing satanic-panic article provides. The existing article applies MHEES classification to the case’s headline claims and is correct on its own analytical terms. This article extends the treatment to the procedural and structural elements that the popular dismissal often skips, including Stevens’ resignation, the juror split, the contested medical evidence, the tunnel dispute, and the journalist-source affairs.

Was Ray Buckey actually innocent?

The legal record is that Ray Buckey was acquitted on fifty-two of sixty-five counts in the first trial and that the prosecution failed to convict on any count in either trial. The legal record establishes that the prosecution failed to prove guilt. It does not, by itself, establish innocence as an affirmative finding. Nine of eleven jurors at the first trial stated they believed the children had been molested but could not determine who had done it. Buckey has consistently maintained his innocence. The cluster does not take a position on the underlying question of his guilt or innocence beyond what the legal record establishes, which is acquittal.

Was Judy Johnson telling the truth about her son?

Judy Johnson reported that her two-year-old son had been sodomized at McMartin by Ray Buckey and by her own estranged husband. Johnson was subsequently diagnosed with paranoid schizophrenia and died of alcoholism complications before the preliminary hearing concluded. Johnson’s son did not identify Ray Buckey in photographs presented during the investigation. The cluster does not take a position on the underlying truth of Johnson’s original report. The relevant facts for the case’s procedural record are that the prosecution withheld evidence of her diagnosis from the defense for three years and that her son’s failure to identify Buckey was not disclosed.

What happened to the McMartin defendants after the case?

Virginia McMartin died during the proceedings. Peggy McMartin Buckey was acquitted in 1990 and lived until 2000. Ray Buckey was released in 1989 and the second trial was dismissed in 1990. He has lived privately in subsequent decades. Peggy Ann Buckey’s teaching credentials were restored in 1989 by a judge who found “pronounced absence of any evidence implicating” her and who specifically criticized the CII interviewing techniques. The other dismissed defendants returned to private life. The McMartin Preschool building was demolished in 1991.

How does this article fit the cluster’s broader argument?

The cluster, After the Debunking, commits in advance to the wrongful-conviction record and asks whether the panic-side prosecutorial record settles the broader category question of whether organized child sexual exploitation networks exist in the post-2019 documented record. The McMartin case is the cornerstone of the wrongful-conviction record. This article reads it on its primary-source terms, treating it as both a wrongful prosecution and a more complex internal record than the popular dismissal allows. Subsequent cluster articles examine the broader category question on its own evidentiary base.

Sources

Frequently Asked Questions

What was the McMartin Preschool case?
The McMartin Preschool case was a child sexual abuse prosecution that began in September 1983 in Manhattan Beach, California, when Judy Johnson reported that her son had been sexually abused at the McMartin Preschool by teacher Ray Buckey. The investigation expanded over months to involve hundreds of children, and seven preschool staff members were charged in March 1984 with what eventually grew to 321 counts involving 48 children. After two trials, the case concluded in July 1990 with zero convictions. The proceedings lasted approximately seven years, cost an estimated $15 million, and constituted the longest and most expensive criminal trial in U.S. history at the time.
Why is the McMartin case considered a wrongful prosecution?
Because no convictions resulted; because the children's testimony was obtained through interview techniques at the Children's Institute International that subsequent peer-reviewed research established as suggestive and capable of producing false accounts; because the most spectacular allegations (witches flying, children flushed down toilets, hot-air balloon travel) had no possible physical-evidence basis; because the original complainant Judy Johnson was diagnosed with paranoid schizophrenia and died of alcoholism complications before the preliminary hearing concluded; and because original prosecutor Glenn Stevens resigned in protest, alleging that Deputy DA Robert Philibosian had withheld exculpatory evidence from the defense for three years. The wrongful-prosecution conclusion is established on the public record.
Who was Judy Johnson?
Judy Johnson was the mother who made the original 1983 complaint that initiated the McMartin investigation. She reported that her two-year-old son had been sodomized by Ray Buckey and by her estranged husband. Johnson was subsequently diagnosed with acute paranoid schizophrenia and was hospitalized. She died in January 1986 of complications from chronic alcoholism, before the preliminary hearing concluded. Prosecutors withheld evidence of her mental illness diagnosis from the defense for three years. Glenn Stevens, the original prosecutor, later stated that Johnson's son had failed to identify Ray Buckey in photographs and that the prosecution had withheld this fact from the defense.
What did the jurors say after the first trial?
Nine of the eleven jurors who participated in the first trial verdict, in which Peggy McMartin Buckey was acquitted on all counts and Ray Buckey was cleared on 52 of 65 counts with a deadlock on 13, stated post-verdict that they believed the children had been molested but that the evidence did not prove who had done it. The juror split is documented in contemporaneous reporting. Juror Brenda Williams, in a subsequent reflection preserved in Douglas Linder's UMKC famous-trials archive, said: 'I now realize how easily something can be said and misinterpreted and blown out of proportion.'
Were tunnels actually found under the McMartin Preschool?
The tunnel question is contested rather than settled in either direction. In May 1990, after the first trial concluded, archaeologist E. Gary Stickel reported that ground-penetrating radar surveys had identified what he characterized as tunnels beneath the preschool site. In 1995, journalist John Earl conducted a counter-investigation arguing that the concrete slab above the alleged tunnel locations was undisturbed except at a small sewer patch, that no tunnel-lining materials were recovered, and that the fill in the cavities Stickel had identified dated to approximately 1940, well before the McMartin Preschool's operational period. In 2002, W. Joseph Wyatt published a peer-reviewed analysis concluding that the cavities were most consistent with pre-1966 rubbish pits. The competing investigations are part of the case record, and the cluster does not endorse either.
What was the relationship between Wayne Satz and Kee MacFarlane?
Wayne Satz was the KABC television reporter whose coverage of the McMartin allegations was substantially responsible for the public-attention escalation that produced the broader investigation in late 1983 and 1984. Satz presented the children's allegations on television without independent verification of the underlying claims. In the period after the original media coverage, Satz entered into a romantic relationship with Kee MacFarlane, the director of the Children's Institute International, which was conducting the interviews that produced the testimony Satz was reporting. The relationship is documented in subsequent journalism and was not disclosed during the period of Satz's primary coverage. Separately, Lael Rubin, one of the prosecutors on the case, became engaged to David Rosenzweig, an editor at the Los Angeles Times. David Shaw of the Los Angeles Times subsequently won a Pulitzer Prize for articles critiquing his own paper's coverage of the case.
Share:
Advertisement

Related Investigations

Get case updates in your inbox

New investigations and cold case developments. No spam.