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November 25 - December 25, 2019
There is no high threshold in Markopolos’s mind before doubts turn into disbelief. He has no threshold at all.
In Russian folklore there is an archetype called yurodivy, or the “Holy Fool.” The Holy Fool is a social misfit—eccentric, off-putting, sometimes even crazy—who nonetheless has access to the truth. Nonetheless is actually the wrong word. The Holy Fool is a truth-teller because he is an outcast. Those who are not part of existing social hierarchies are free to blurt out inconvenient truths or question things the rest of us take for granted. In one Russian fable, a Holy Fool looks at a famous icon of the Virgin Mary and declares it the work of the devil. It’s an outrageous, heretical claim. But
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Every culture has its version of the Holy Fool. In Hans Christian Andersen’s famous children’s tale “The Emperor’s New Clothes,” the king walks down the street in what he has been told is a magical outfit. No one says a word except a small boy, who cries out, “Look at the king! He’s not wearing anything at all!” The little boy is a Holy Fool. The tailors who sold the king his clothes told him they would be invisible to anyone unfit for their job. The adults said nothing, for fear of being labeled incompetent. The little boy didn’t care. The closest we have to Holy Fools in modern life are
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What sets the Holy Fool apart is a different sense of the possibility of deception. In real life, Tim Levine reminds us, lies are rare. And those lies that are told are told by a very small subset of people. That’s why it doesn’t matter so much that we are terrible at detecting lies in real life. Under the circumstances, in fact, defaulting to truth makes logical sense. If the person behind the counter at the coffee shop says your total with tax is $6.74, you can do the math yourself to double-check their calculations, holding up the line and wasting t...
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That’s what Scott Carmichael did. He was faced with two alternatives. Reg Brown said that Ana Montes was behaving suspiciously. Ana Montes, by contrast, had a perfectly innocent explanation for her actions. On one hand was the exceedingly rare possibility that one of the most respected figures at the DIA was a spy. On the other hand was the far more likely scenario that Brown was just being paranoid. Carmichael went with the odds: that’s what we do when we default to truth. Nat Simons went with the ...
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The Holy Fool is someone who doesn’t think this way. The statistics say that the liar and the con man are rare. But to the Holy Fool, they are everywhere. We need Holy Fools in our society, from time to time. They perform a valuable role. That’s why we romanticize them. Harry Markopolos was the hero of the Madoff saga. Whistleblowers have movies made about them. But the second, crucial part of Levine’s argument is that we can’t all be Holy Fools. That would be a disaster. Levine argues that over the course of evolution, human beings never developed sophisticated and accurate skills to detect
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That sounds callous, because it’s easy to see all the damage done by people like Ana Montes and Bernie Madoff. Because we trust implicitly, spies go undetected, criminals roam free, and lives are damaged. But Levine’s point is that the price of giving up on that strategy is much higher. If everyone on Wall Street behaved like Harry Markopolos, there would be no fraud on Wall Street...
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Markopolos sees his mistake now, with the benefit of over a decade of hindsight. But in the midst of things, the same brilliant mind that was capable of unraveling Madoff’s deceptions was incapable of getting people in positions of responsibility to take him seriously. That’s the consequence of not defaulting to truth. If you don’t begin in a state of trust, you can’t have meaningful social encounters.
Being deceived once in a while is not going to prevent us from passing on our genes or seriously threaten the survival of the species. Efficient communication, on the other hand, has huge implications for our survival. The trade-off just isn’t much of a trade-off.
McQueary saw Sandusky in the shower in 2001. The investigation into Sandusky’s behavior did not start until nearly a decade later, and Sandusky wasn’t arrested until November 2011.
Sandusky was a goofball and a cutup. Much of Sandusky’s autobiography—titled, incredibly, Touched—is devoted to stories of his antics: the time he smeared charcoal over the handset of his chemistry teacher’s phone, the time he ran afoul of a lifeguard for horseplay with his children in a public pool. Four and a half pages alone are devoted to water-balloon fights that he orchestrated while in college. “Wherever I went, it seemed like trouble was sure to follow,” Sandusky wrote. “I live a good part of my life in a make-believe world,” he continues. “I enjoyed pretending as a kid, and I love
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In 1977, Sandusky founded a charity called the Second Mile. It was a recreational program for troubled boys. Over the years, thousands of children from impoverished and unsettled homes in the area passed through the program. Sandusky took his Second Mile kids to football games. He wrestled with them. He would give them gifts, write them letters, take them on trips, and bring them into his home. Many of the boys were being raised by single mothers. He tried to be the father they didn’t have.
The first questions about Sandusky’s conduct emerged in 1998. A Second Mile boy came home from a day with Sandusky, and his mother saw that he had wet hair. The boy said he had worked out with Sandusky, and then the two had taken a shower in the locker room. The boy said that Sandusky had wrapped his arms around him and said, “I’m gonna squeeze your guts out.” Then he lifted him up to “get the soap out of his hair,” with the boy’s feet touching Sandusky’s thigh.4
The next reported incident happened ten years later, involving a boy named Aaron Fisher, who had been in the Second Mile program since fourth grade. He came from a troubled home. He had gotten to know Sandusky well, and spent multiple nights at Sandusky’s home. His mother thought of Sandusky as “some sort of angel.” But in November 2008, when he was fifteen, Fisher mentioned to his mother that he felt uneasy about some of Sandusky’s behavior. Sandusky would hold him tightly and crack his back. He would wrestle with him in a way that felt odd.
The police began systematically interviewing other boys who had been in the Second Mile program, looking for victims. They came up empty. This went on for two years. The prosecutor leading the case was ready to throw in the towel. You have a grown man who likes to horse around with young boys. Some people had doubts about Sandusky. But remember, doubts are not the enemy of belief; they are its companion.
Then, out of the blue, in November 2010, the prosecutor’s office received an anonymous email: “I am contacting you regarding the Jerry Sandusky investigation,” the email read. “If you have not yet done so, you need to contact and interview Penn State football assistant coach Mike McQueary. He may have witnessed something involving Jerry Sandusky and a child.”
“You know, there’s a saying that absolute power corrupts absolutely,” the prosecutor, Laura Ditka, said in her closing argument at Spanier’s trial. “And I would suggest to you that Graham Spanier was corrupted by his own power and blinded by his own media attention and reputation; and he’s a leader that failed to lead.” At Penn State, the final conclusion was that blame for Sandusky’s crimes went all the way to the top. Spanier made a choice, Ditka said: “We’ll just keep it a secret,” she imagined him saying to Curley and Schultz. “We won’t report it. We won’t tell any authorities.” If only
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The prosecution in the Sandusky case pretended that these uncertainties and ambiguities didn’t exist. They told the public that everything was open-and-shut. The devastating 23-page indictment handed down in November of 2011 states that the “graduate assistant”—meaning McQueary—“saw a naked boy…with his hands up against the wall, being subjected to anal intercourse by a naked Sandusky.” Then the next day McQueary “went to Paterno’s home, where he reported what he had seen.” But neither of those claims matches the facts, does it?
When McQueary read those words in the indictment, he emailed Jonelle Eshbach, the lead prosecutor in the case. He was upset. “I feel my words were slightly twisted and not totally portrayed accurately in the presentment,” he wrote. “I want to make sure that you have the facts again in case I have not been clear.” Then: “I cannot say 1000 percent sure that it was sodomy. I did not see insertion. It was a sexual act and / or way over the line in my opinion, whatever it was.” He wanted to correct the record. “What are my options as far as a statement from me goes?” he asked Eshbach.
Think about how McQueary must have felt as he read the way Eshbach had distorted his words. He had seen something he thought was troubling. For five weeks, as he wrestled with his conscience, he must have been in agony. What did I see? Should I say something? What if I’m wrong? Then he read the indictment, and what did he find? That the prosecutors, in order to serve their own ends, had turned gray into black and white. And ...
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When scandals like this break, one of our first inclinations is to accuse those in charge of covering for the criminal—of protecting him, or deliberately turning a blind eye, or putting their institutional or financial interests ahead of the truth. We look for a conspiracy behind the silence. But the Nassar case reminds us how inadequate that interpretation is. Many of Nassar’s chief defenders were the parents of his patients. They weren’t engaged in some kind of conspiracy of silence to protect larger institutional or financial interests. These were their children.
Default to truth operates even in a case where the perpetrator had 37,000 child-porn images on his hard drive, and where he had been accused countless times, by numerous people, over the course of his career. The Nassar case was open-and-shut—and still there were doubts. Now imagine the same scenario, only in a case that isn’t open-and-shut. That’s the Sandusky case.
You can be forgiven if you find this confusing. The boy in the shower was the most important witness in the whole case. Prosecutors had been searching high and low for him, because he would be the final nail in Sandusky’s coffin. So finally he surfaces, denies anything happened, then almost immediately flips, saying actually something did happen. So did Myers become the key prosecution witness in the Sandusky trial? That would make sense. He was the most important piece in the whole puzzle. No! The prosecution left him at home because they had no confidence in his story.7
The only time Myers ever appeared in court was to testify at Sandusky’s appeal. Sandusky had asked for him to testify, in the vain hope that Myers would revert to his original position and say that nothing happened in the shower. Myers did not. Instead, as Sandusky’s lawyers read back to Myers each of the statements he had made less than a year before about Sandusky’s innocence, Myers sat there stone-faced and shrugged at everything, including a picture of him standing happily next to Sandusky. Who are the people in the photo? he was asked.
This is a much more perplexing example than Trinea Gonczar in the Nassar case. Gonczar never denied that something happened in her sessions with Nassar. She chose to interpret his actions as benign—for entirely understandable reasons—up until the point when she listened to the testimony of her fellow gymnasts at Nassar’s trial. Sandusky, by contrast, wasn’t practicing some ambiguous medical procedure. He is supposed to have engaged in repeated acts of sexual violence. And his alleged victims didn’t misinterpret what he was doing to them. They acted as if nothing had ever happened. They didn’t
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Sexual-abuse cases are complicated, wrapped in layers of shame and denial and clouded memories, and few high-profile cases were as complicated as Jerry Sandusky’s. Now think about what that complication means for those who must make sense of all that swirling contradiction. There were always doubts about Sandusky. But how do you get to enough doubts when the victims are happily eating Kentucky Fried Chicken with their abuser?
If Harry Markopolos had been president of Penn State during the Sandusky case, of course, he would never have defaulted like this to the most innocent of explanations. A man in a shower? With a boy? The kind of person who saw through Madoff’s deceit a decade before anyone else would have leaped at once to the most damning conclusion: How old was the kid? What were they doing there at night? Wasn’t there a weird case with Sandusky a couple of years ago?
But Graham Spanier is not Harry Markopolos. He opted for the likeliest explanation—that Sandusky was who he claimed to be. Does he regret not asking one more follow-up question, not quietly asking around? Of course he does. But defaulting to truth is not a crime. It is a fundamentally human tendency. Spanier behaved no differently from the Mountain Climber and Scott Carmichael and Nat Simons and Trinea Gonczar and virtually every one of the parents of the gymnasts treated by Larry Nassar. Weren’t those parents in the room when Nassar was abusing their own children? Hadn’t their children said
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If every coach is assumed to be a pedophile, then no parent would let their child leave the house, and no sane person would ever volunteer to be a coach. We default to truth—even when that decision carries terrible risks—because we have no choice. Society cannot function otherwise. And in those rare instances where trust ends i...
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Tim Curley and Gary Schultz were charged first. Two of the most important officials at one of the most prestigious state universities in the United States were placed under arrest. Spanier called his senior staff together for an emotional meeting. He considered Penn State to be a big family. These were his friends. When they told him the shower incident was probably just horseplay, he believed they were being honest. “You’re going to find that everyone is going to distance themselves from Gary and Tim,” he said. But he would not.
Every one of you in here has worked with Tim and Gary for years. Some of you, for thirty-five or forty years, because that’s how long Tim and Gary, respectively, were at the university.…You’ve worked with them every day of your life, and I have for the last sixteen years.…If any of you operate according to how we have always agreed to operate at this university—honestly, openly, with integrity, always doing what’s in the best interests of the university—if you were falsely accused of something, I would do the same thing for any of you in here. I want you to know that.…None of [you] should ever
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This is why people liked Graham Spanier. It’s why he had such a brilliant career at Penn State. It’s why you and I would want to work for him. We want Graham Spanier as our president—not Harry Markopolos, armed to the teeth, waiting for a ...
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We think we want our guardians to be alert to every suspicion. We blame them when they default to truth. When we try to send people like Graham Spanier to jail, we send a message to all of those in positions of authority about the way we want them to make sense of strangers—without stopping to consider the consequences of sending that message.
The second of the puzzles that began this book was the bail problem. How is it that judges do a worse job of evaluating defendants than a computer program, even though judges know a lot more about defendants than the computer does? This section of Talking to Strangers is an attempt to answer that puzzle, beginning with the peculiar fact of how transparent television shows such as Friends are.
Transparency is the idea that people’s behavior and demeanor—the way they represent themselves on the outside—provides an authentic and reliable window into the way they feel on the inside. It is the second of the crucial tools we use to make sense of strangers. When we don’t know someone, or can’t communicate with them, or don’t have the time to understand them properly, we believe we can make sense of them through their behavior and demeanor.
The idea of transparency has a long history. In 1872, thirteen years after first presenting his famous treatise on evolution, Charles Darwin published The Expression of the Emotions in Man and Animals. Smiling and frowning and wrinkling our noses in disgust, he argued, were things that every human being did as part of evolutionary adaptation. Accurately and quickly communicating our emotions to one another was of such crucial importance to the survival of the human species, he argued, that the face had developed into a kind of billboard for the heart.
Darwin’s idea is deeply intuitive. Children everywhere smile when they are happy, frown when they are sad, and giggle when they are amused, don’t they? It isn’t just people watching Friends in their living room in Cleveland, Toronto, or Sydney who can make sense of what Ross and Rachel are feeling; it’s everyone.
If real life were like Friends, judges would beat computers. But they don’t. So maybe real life isn’t like Friends.
Folk psychology is the kind of crude psychology we glean from cultural sources such as sitcoms. But that is not the way things happen in real life. Transparency is a myth—an idea we’ve picked up from watching too much television and reading too many novels where the hero’s “jaw dropped with astonishment” or “eyes went wide with surprise.”
When we confront a stranger, we have to substitute an idea—a stereotype—for direct experience. And that stereotype is wrong all too often.
This is the explanation for the second of the puzzles, in Chapter Two, about why computers do a much better job than judges at making bail decisions. The computer can’t see the defendant. Judges can, and it seems logical that that extra bit of information ought to make them better decision-makers. Solomon, the New York State judge, could search the face of the person standing in front of him for evidence of mental illness—a glassy-eyed look, a troubled affect, aversion of the eyes. The defendant stands no farther than ten feet in front of him and Solomon has the chance to get a sense of the
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The transparency problem ends up in the same place as the default-to-truth problem. Our strategies for dealing with strangers are deeply flawed, but they are also socially necessary. We need the criminal-justice system and the hiring process and the selection of babysitters to be human. But the requirement of humanity means that we have to tolerate an enormous amount of error. That is the paradox of talking to strangers. We need to talk to them. But we’re terrible at it—and, as we’ll see in the next two chapters, we’re not always honest with one another about just how terrible at it we are.
If you believe that the way a stranger looks and acts is a reliable clue to the way they feel—if you buy into the Friends fallacy—then you’re going to make mistakes. Amanda Knox was one of those mistakes.
On average, judges correctly identify liars 54 percent of the time—just slightly better than chance. This is true no matter who does the judging. Students are terrible. FBI agents are terrible. CIA officers are terrible. Lawyers are terrible. There may be a handful of “super-detectors” who beat the odds. But if there are, they are rare. Why?
The first answer is the one we talked about in Chapter Three. We’re truth-biased. For what turn out to be good reasons, we give people the benefit of the doubt and assume that the people we’re talking to are being honest. But Levine wasn’t satisfied with that explanation. The problem is clearly deeper than truth-default. In particular, he was struck by the finding that lies are most often detected only after the fact—weeks, months, sometimes years later.
What Levine found is that we nearly always miss the crucial clues in the moment—and it puzzled him. Why? What happens at the moment someone tells a lie that specifically derails us? To find an answer, Levine went back to his tapes.
Levine argues that this is the assumption of transparency in action. We tend to judge people’s honesty based on their demeanor. Well-spoken, confident people with a firm handshake who are friendly and engaging are seen as believable. Nervous, shifty, stammering, uncomfortable people who give windy, convoluted explanations aren’t. In a survey of attitudes toward deception conducted a few years ago, which involved thousands of people in fifty-eight countries around the world, 63 percent of those asked said the cue they most used to spot a liar was “gaze aversion.” We think liars in real life
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This is—to put it mildly—nonsense. Liars don’t look away. But Levine’s point is that our stubborn belief in some set of nonverbal behaviors associated with deception explains the pattern he finds with his lying tapes. The people we all get right are the ones who match—whose level of truthfulness happens to correspond with the way they look. Blushing Sally matches. She acts like our stereotype of how a liar acts. And she also happens to be lying. That’s why we all get her right. In the Friends episode, when Monica finally breaks the news to her brother Ross about her relationship, she takes
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When a liar acts like an honest person, though, or when an honest person acts like a liar, we’re flummoxed. Nervous Nelly is mismatched. She looks like she’s lying, but she’s not. She’s just nervous! In other words, human beings are not bad lie detectors. We are bad lie de...
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Madoff was mismatched. He was a liar with the demeanor of an honest man. And Ocrant—who knew, on an intellectual level, that something was not right—was so swayed by meeting Madoff that he dropped the story. Can you blame him? First there is default to truth, which gives the con artist a head start. But when you add mismatch to that, it’s not hard to understand why Madoff fooled so many for so long.