Posts Tagged “Dana Nachman”


January 31, 2009
Cinequest 19
91 Minutes
Don Hardy & Dana Nachman

Some Convictions Are Criminal.

In 1983, in Manhattan Beach, California, the mother of a young boy went to police with a story so repulsive (involving sex, torture, Satan, and the kitchen sink), that the media couldn’t help but take notice. The case became known as the McMartin Preschool Trial and it lasted for seven years, becoming the most expensive criminal trial in American history. The word “McMartin” has now become shorthand for any type of overzealous prosecution using coached witnesses, many of whom are too young to know what they’re saying.

WITCH HUNT is a documentary about a similar set of trials which took place in Bakersfield, California in 1984. A new “tough on crime” District Attorney had just taken office (where, sadly, he remains to this day), and he brought with him bravado and mandatory minimum sentencing. John Stoll was one of the first to be accused. He was a hard-working divorced man who had a swimming pool which his son enjoyed on hot summer days, sometimes with his friends. He is woken up by police and taken to jail, where he is told that his son has accused him of sexual abuse. By the time he is arraigned, two other boys have allegedly come forward and told police the same story.

When something like this happens in a documentary, we find ourselves trying to “read” the man’s face as he explains his ordeal. Does he look like a molester? What exactly does a molester look like? Why would his son say such things if they weren’t true? Isn’t there a child molester behind every tree and broadband internet hookup?

When Stoll gets to prison he finds himself sharing a cell with another accused pedophile whose photo had been plastered all over the newspapers. Looking the other man in the eye, a man Stoll assumed to be guilty, he begins to see a pattern. What makes this pattern different from other molestation accusations, is that the initial accusation came from their very own children. A son accuses his father. Two girls accuse their father. Two boys accuse both their mother and father. Over and over again. Regular, normal, young couples are dragged in front of TV cameras and shown as examples of the molestation wave that appeared to be sweeping the town of Bakersfield, the State of California, and the country at large.

Is there a worse crime than child molestation? While in prison, all of the accused are held away from the rest of the prisoners for their own safety. Children are placed in foster homes, estranged spouses leave town, whispers turn to yelling. Where there’s smoke, there’s fire, right?

If this were a film about a single man who was wrongly accused, you might come to the “better safe than sorry” conclusion and feel that a prison sentence is probably a good thing. But we see couple after couple after couple being sentenced to hundreds of years in prison and it’s obvious that something else is going on here. Judges are routinely disallowing evidence for the defense, child witnesses are testifying one way, then after court recesses, coming back to testify exactly the opposite way. The press can’t get enough. Husbands and wives are separated permanently. Prosecutors tell juries about photos of acts, which are never seen. Houses are lost, communities broken up.

It is incredibly hard to watch.

The talking heads collected by WITCH HUNT involve most of the accused, and a handful of the children who made the original accusations. One couple, who have moved away from Bakersfield, refuse to show their faces this many years later. The rest of them speak about their legal ordeal with pained eyes as if it happened yesterday. The children, all approaching 30 now, bravely talk about how the trial changed their lives. We hear from former California Attorney General John Van De Kamp whose office was brought in due to the overwhelming workload in Kern County. He begins to see problems with the prosecution’s cases.

We hear over and over again how these working-class men and women believed at every step, the truth would come out and they’d be headed home. One of the couples, during the deliberation, plan to have a victory dinner at a local restaurant. We are as shocked as they are when they are instead sentenced to several hundred years in prison. Surely, someone will come to their aid, the children will recant, the prosecutors will drop the charges, the judge will come to his senses. Not so much.

Every moment we spend with one of the couples, the Kniffens is heartbreaking. There is plenty of footage from the trial, both of them in fashionable 1984 haircuts, both of them looking as normal as the waitress at Dennys and the guy who fixes your car. Mrs. Kniffen, when accused of sodomy, has to have the act itself explained to her by her husband. They were in love in 1984 and continue to be in love in 2008. They sit next to each other during the interview and finish each other’s sentences. There is footage of Brenda fainting to the floor after her sentence is handed down. Scott speaks in the quiet tones of someone who has seen parts of life the rest of us don’t want to visit. After their victory dinner is denied them, they head off to separate prisons. At one point, Scott ends up at San Quentin, surrounded by the most violent offenders California has to offer. Being a convicted child molester is a quick way to a shanking, and he feared for his life every day until his appeal letter was finally read and he was transferred to a less-violent prison.

Thanks to the Northern California Innocence Project at Santa Clara Law School (, some of these cases began being reviewed. When a retrial is held after six years of prison, the Kniffens see each other for the first time. Brenda says to Scott that he should be using rogaine, as the years in prison have not been kind to his hairline. The appeal goes on and on–tapes of children being questioned are listened to proving their obvious coaching by both prosecutor and Child Protective Services employees. One by one, they are released. Mr. Stoll was arrested at the age of 41. He is released at the age of 61. He never saw his son again.

I’ve often told people that I have an unnatural fear of being wrongly accused. It makes films like THIN BLUE LINE and TAXI TO THE DARK SIDE and THE VERDICT that much more frightening for me. This film had me shaking my head with worry. Some will argue that it’s better to err on the side of caution. If there’s even the slimmest chance that that person could have been a terrorist or touched a child, isn’t it better to lock them up for the greater good?

I subscribe to the better ten guilty men go free than one innocent man go to jail idea. (See origins of that law school cornerstone here: Part of my public school teacher training in our modern post-Letourneau, post-priest-scandal world ( stresses the boundaries between children and trusted authority figures. As a teacher, I need to be conscious every day that a few words from a young person could not only change my life, but effectively end it. I hear personal stories from students about the most atrocious things imaginable. The problems exist, but at some point we began to believe that everyone was a predator. A now-ridiculed recent statistic was that something like 40% of teenagers have been propositioned online by a sexual predator. I have taught close to 700 teenagers in my career and not one has ever been the target of one of these people.

The topic makes for compelling television. To Catch A Predator, the NBC entrapment-case-study-in-the-making causes us to cheer as man after man is dressed down by the camera-ready host.

This environment of fear has some side-effects and they are on frank display in WITCH HUNT.

The film is narrated by Sean Penn and perfectly uses Pearl Jam’s Long Road towards the end. There are two ways to review a documentary: the story it tells and the way it tells the story it tells. The story of WITCH HUNT is compelling, scary, sad, and maddening. The way it tells the story is a bit static. Old TV news footage is mixed with modern-day talking heads. There are old family photos which seem to me to look haunting even in upbeat documentaries. I wonder what filmmakers will do 20 years from now when there are no printed photos from which to choose. There is a five-minute portion at the very end, showing us Mr. Stoll’s life since prison, that is creative and powerful and completely different than the sober 85 minutes that came before.

The film breaks no new technical ground (as THE KID STAYS IN THE PICTURE or WALTZ WITH BASHIR do), but with a story like this, it doesn’t need to.

And how have the lives of the young accusers changed? Drugs, mental health issues, the guilt of sending people to prison.

Surrounded by the sadness of the film, perhaps the saddest moment is when one of the young accusers tearfully admits that he never gave his own son a bath for the first year of his life, so afraid was he of being accused himself of inappropriate touching.

More info on the cases:

WITCH HUNT will be shown at Cinequest 19. Details here:


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Written by Michael W. Cummins