WRIT NO. 222074-C
EX PARTE )
MICHAEL PRINZ ARENA ) 169th DISTRICT COURT
) BELL COUNTY, TEXAS
)
Applicant )
)
BRIEF ON ABEL TESTING
Atthe Disposition Hearing in this case, Dr. Fred Willoughby claimed at somepoints that he gave Michael Arena an ÒAbel Assessment.Ó See Oct. 14, 1999 Tr. (ÒTr.Ó) at 21:24; 26:23, 30:6. At another point, he claimed he gaveMichael an ÒAbel Screen.Ó Id. at 26:6. Nevertheless, as Dr. Abel, himself, has noted, Ò[t]he stimulus set andthe methodology underlying The Abel Screen are entirely different from thestimulus set and the methodology underlying The Abel Assessment.Ó[1]
Atthe Disposition Hearing in this case, Dr. Willoughby claimed that, althoughMichael showed Òno major psychiatric problemsÓ (Tr. at 29:1) on the other testshe administered and Ònothing all that significantÓ (id at 29:29:10-11) came up with the other tests headministered, the results of the ÒAbel assessmentÓ qualified Michael as aÒpedophile.Ó Id. at 30:5-9. Nevertheless, Dr. Abel himself had noted that Ò[t]here has never been a claim that The Abel Assessment could be usedto screen pedophiles from normals.Ó He haslikewise noted that visual reaction time (VRT) tests such as the AbelAssessment Òcannot possibly make a diagnosis.Ó
Atthe Disposition Hearing in this case, Dr. Willoughby claimed that the Abel testhe gave Mr. Arena correctly classified an interest in prepubescent females 85percent of the time. See Tr. at 11:1; 24:1-2 In fact, even Dr. AbelÕs own research showed it to correctlyclassify an interest in prepubescent females only 66 percent of the time.[4]
Atthe Disposition Hearing in this case, Dr. Willoughby claimed the Abel test hegave was Òaccepted in the scientific community as a test thatÕs able to predictthose people who have an interest in...particular types of sexes and agegroups.Ó See Tr. at 3:10-6. In fact, Dr. Abel admits that his own research study involving 157 males, involved just 1.5%of males under the age of 18.
Atthe Disposition Hearing in this case, Dr. Willoughby claimed that thereliability of the Abel test he gave was established by Òresearchers at BrighamYoung University.Ó At the time Dr.Willoughby made that statement, there were two research articles written on theAbel Assessment by Òresearchers at Brigham Young University.[6] Theseresearches, relied upon by Dr. Willoughby concluded:
ÒThe test-retest data do not support the reliabilityof the AAIP for use with adolescents.Ó See Attachment C at 213.
ÒThe screening validity date show that the ability ofthe AAIP to discriminate adolescent offenders from nonoffenders was notsignificantly better than chance.Ó Id. at 214.
Ò[I]ts ability to screen or diagnose adolescentperpetrators reliability has not been demonstrated. No published data supports its use with such a population.Ó Id. at 215 (emphasis added).
Moreover,Dr. Abel himself acknowledged that his 2004 study was Òan initial attempt to evaluate the validity of the AASI withadolescent males.Ó SexualAbuse: A Journal of Research and Treatment, ÒUse of Visual Reaction Time to Assess Male Adolescents Who MolestChildren,Ó Vol. 16, No. 3 (1999) at 258 (attached hereto as Attachment D). What is more, he concludes in that studythat even that study would not apply to alleged offenders, such as Mr. Arenawho denies committing the alleged offense, and ultimately recommended againstÒusing VRT alone to identify male adolescents who molest children.Ó Id. at 263.
Finally, while never developed by Mr. ArenaÕsattorney, Bobby Barina, he could have discovered the problems with scoring thetest relied upon by Dr. Willoughby to reach his conclusion that Mr. Arena was apedophile.
[T]he raw data is sent to Dr. Abel in Atlanta,Georgia... [where he] applies some ÒformulasÓ to it and plots the results ongraphs. This is of particular import because it is the sum of Abel's work whichis then interpreted by individuals such as [Willoughby] to derive the subject'ssexual deviancy and dangerousness via the Òdanger registryÓ and like concepts.
In the Interest of CDK, 64 S.W.3d 679, 683 (Tex. App.--Amarillo 2002)(attached hereto as Attachment E). One Texas court likened the AbelÕs secret scoring method to Òthe magicof young Harry Potters' mixing potions at the Hogwarts School of Witchcraft andWizardryÓ and Òthe prophesies of Macbeth's demise floating from the cauldron ofthe three blind witches.Ó Id. at 63-844. Indeed,
The AASI may only be purchased from Dr. Abel'scompany, Abel Screening, Inc., a for-profit company located in Atlanta,Georgia. All employees of the company are subject to confidentialityagreements. Users of the AASI must purchase computer software and stimuluspackage from Abel Screening, Inc. Further, all users of the AASI must send allof their raw data to Abel Screening, Inc. for processing.
Ready v. Commonwealth, 2002 WL 1255800 at *1 (Mass Super. 2002).
Respectfullysubmitted,
______________________________
F.Clinton Broden
Tx.Bar 24001495
2707Hibernia
Dallas,Texas 75204
214-720-9552
214-720-9594(facsimile)
LOCAL COUNSEL: JAMESH. KREIMEYER, JR.
112North Main St.
Belton,Texas 76513-0727
254-939-9393
254-939-2870(fax)
Attorneysfor Applicant
MichaelPrinz Arena
CERTIFICATE OF SERVICE
I,F. Clinton Broden, certify that on December 11 2007, I caused the foregoingdocument to be served by first class mail, postage prepaid on Bell CountyAttorneyÕs Office, Bell County Courthouse, Belton, Texas 76513.
_______________________________
F.Clinton Broden