Defrocked priest Paul Shanley challenges repressed memories

(NECN: Brad Puffer, Boston, Mass.) – One of the most notorious figures in the clergy sex abuse scandal is asking for a new trial. Paul Shanley took his appeal to Massachusetts’ highest court today. Defrocked priest Paul Shanley is now serving 12 to 15 years for raping a child, convicted four year ago. The critical evidence at trial was the victim’s repressed memories about the abuse. Robert Shaw, Shanley’s Attorney “We have an individual that says he was repeatedly abused, forgot it, walked into the abuse again and then for twenty years later was completely oblivious.” Attorney Robert Shaw argues expert testimony about repressed memories should never have been allowed at trial. He says the theory of repressed memories has been debunked by hundreds of psychiatrists. And he is asking the Supreme Judicial Court to grant a new trial. Robert Shaw, Shanley’s Attorney “Because you have a citizen who was prosecuted, convicted and imprisoned and incarcerated based on inadmissible evidence.” Several justices repeatedly questioned that assertion, pointing out that psychiatry books even define the condition. Chief Justice Margaret Marshall, MA Supreme Judicial Court “Whether its dissociative disorder or amnesia, all of us have had experiences where something happens that triggers a memory.” And prosecutors say that debate was correctly left to the jury to decide. Loretta Lillios Assistant District Attorney, Middlesex County “None of the experts say this does not exist. They say they are not convinced that scientific evidence proves that, but all of that was before the jury.” Other victims have alleged they were abused by Shanley, but in many of those cases the statute of limitation had run out. David Frank of Lawyers Weekly says this case is important, because it could determine whether repressed memories will be allowed as evidence in the future. David Frank, Lawyers Weekly “You’ve got a very high profile defendant raising issues that are in some ways unprecedented in Massachusetts.”