"I'm all ears but to me it paints a clear picture that MM was playing revisionist history in his 2010 statement to OAG and GJ testimony".
I think the sentiments of the passage quoted above REALLY need to be dismissed.....or at least called into question.
I can certainly understand why - on face value - a person sensing an incongruency between actions of 2001 and 2010 (by MM/TC/GS/JP, or any of the other actors in this affair) could come to that conclusion......but the truth is, it just isn't so.
Couple of things up front:
- This is not a conclusion, or even an analysis, of the guilt/innocence of CSS
- This is not a critique of the actions of ANY of the involved parties
When and if the CSS trials occur, we will (hopefully) have a lot more reliable information with which to make those conclusions. Right now, we do not have anywhere near the necessary information (at least not publically available) to even begin to answer those questions.
We may see - if the trials ever occur - that certain folks are "guilty as sin". We may find just the opposite. Unfortunately, we may have a trial and STILL not really know.
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As uncomfortable as it may be to recognize, the truth is that disparate and incongruent statements - especially in a situation like this one - do not mean that ANYONE is being untruthful or misleading.
That is a very difficult concept to come to grips with - as we all WANT to believe that things are much more "black and white" than that.
I mentioned earlier, that we should all hope that the CSS trials are adjudicated in such a way that this entire MM/Paterno/Shultz/Curley conversations issue is essentially irrelevant......because the truth of the matter is that there SHOULD be no significant weight given to ANY of the testimonies regarding these conversations.
If these cases are going to be adjudicated with ANY chance to provide true clarity, the evidence considered had better be something other than the recall of these conversations.
I've attached links to a couple of the research studies relevant to the issues.....but I doubt if anyone will actually read those - so I also attached the summary of the subject on a "Wiki" page (which does have a lot of good references linked cited).
The obvious conclusions, if one reads the actual studies, is that THIS CASE IS THE ABSOLUTE, NO DOUBT, POSTER CHILD with regard to why such testimony is WORTHLESS. Certainly, given that the related situation is one with such an incredible amount at stake, all the more reason that the "conversations of 2001" need to be essentially disregarded.
This case should rely upon PROVABLE actions of the last few decades, and verifiable contemporaneous documentation. NOT upon (partially) disparate recollections of decade-old conversations.
The link to the WIKI Page:
https://en.wikipedia.org/wiki/Misinformation_effect
Some of the most relevant excerpts from the WIKI page (if you go there, you can then reference the actual studies through the citations):
Time
Individuals may not be actively rehearsing the details of a given event after encoding.
The longer the delay between the presentation of the original event and post-event information, the more likely it is that individuals will incorporate misinformation into their final reports. Furthermore,
more time to study the original event leads to lower susceptibility to the misinformation effect, due to increased rehearsal time.
[Nine years? Yes, I think that is probably about as much of an outlier as anyone could ever ponder. And that applies to ALL of the actors (MM,TC/GS/JP)......Combine that with the fact that the "original event" was a "couple of seconds" of observation, and you have an exponential dilution of any relevance to these testimonies.]
Source reliabilityThe more reliable the source of the post-event information, the more likely it is that participants will adopt the information into their memory. For example, Dodd and Bradshaw (1980) used slides of a car accident for their original event. They then had misinformation delivered to half of the participants by an unreliable source: a lawyer representing the driver. The remaining participants were presented with misinformation, but given no indication of the source. The misinformation was rejected by those who received information from the unreliable source and adopted by the other group of subjects.
[In other words, if I receive post-event information from someone I have full faith and trust in....I am very likely to have that information implanted in my brain as "true". This would depend on the individual - if my Brother provides me with the information, I am highly likely to adopt it as true...if my Brother provides YOU with the information, you may not adopt it. The same would hold for trusted co-workers etc. It all depends on the viewpoint of the person receiving the information. For most people, information coming from "authority figures" (Police, Clergy, Your Boss or Commanding Officer) would be likely to be adopted. But someone with a predisposition to "not trust anyone over 30" would be less likely to adopt that information.]
Other
Most obviously, leading questions and narrative accounts can change episodic memories and thereby affect witness' responses to questions about the original event. Additionally, witnesses are more likely to be swayed by misinformation when they are suffering from alcohol withdrawal or sleep deprivation, when interviewers are firm as opposed to friendly, and when participants experience repeated questioning about the event.
It should also be mentioned that it is almost IMPOSSIBLE to imagine another situation where SO MUCH post-event information has been presented.
We also know - from reading the studies - that situations that evoke strong emotions, and situations that have dire consequences for the individuals involved - further invalidate the weight that should be placed on those recollections. Again, it is hard to imagine a scenario where these factors are more dramatic than the whole CSS situation.
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A couple of academic studies on the issues:
http://groups.colgate.edu/cjs/student_papers/2002/JScheer.pdf
http://www.tandfonline.com/doi/abs/10.1080/09658210701363146#.Vc4IemdRHIU