False Memory Syndrome Foundation Vol 09 No 02 2000 marapril

20 Pages·2000·0.88 MB·English

FALSE MEMORY SYNDROME FOUNDATION NEWSLETTER
1 MARCH/APRIL 2000 Vol. 9 NO. 2
Dear Friends, fessions are unable or unwilling to monitor themselves con~
tinues to mount. Last month we wrote about an investigative
A twist in the recovered memory legal battles caught
report from Ohio showing that the members of the Board of
our attention this past month. (See page 7 .) As readers of
Psychology in that state not only had conflicts of interest but
this newsletter may recall, the first multimillion dollar jury
decisions in false memory cases brought by former patients ~at they viewed their job as rehabilitating wayward profes~
s10nals rather than protecting the public. On page 3 of this
against their therapists were in Minnesota in 1995. First,
issue we review a report on trends in the doctoral training
Vynette Hamanne received $2.46 million in her suit against
programs in psychology that documents a downward spiral
psychiatrist Diane Humenansky. That was followed by
in quality of professional education. In fact, the authors
Elizabeth Carlson's award of $2.5 million in a suit against
comment that "it will be increasingly difficult to count on
Humenansky, and then several settlements in other cases
individuals with Ph.D.s meeting a standard of scientific
against Humenansky. Dr. Humenansky's legal defense was
competence." And on the same page we note that the
paid for by her American Psychiatric Association insurance
with Legion Insurance and Professional Risk Retention University of Michigan School of Social Work is advertis~
ing a continuing education program in ritual abuse for this
Group. A year or so ago, Legion Insurance and Professional
April. That information would be laughable if it were not for
Risk Retention Group turned around and sued
the fact that the beliefs fueled by the satanic ritual abuse
Humcnansky's defense lawyers for legal malpractice.
panic have destroyed families and even put people in prison.
In February, the case went to a jury that decided in favor
How can the public take seriously the profession of social
of the defense lawyers and against the American Psychiatric
work if this nonsense is still going on at a prestigious uni·
insurance companies-in spite of the massive amounts of
versity and training facility like the University of Michigan?
money and resources that the insurance companies brought
Are the people in Social Work at Michigan so closed off
to the case. The fact that two of the five legal experts
from reality? Or do they just not care?
employed by the insurance companies are reported to have
The tragic mistakes that brought about the formation of
each received more than $100,000 is a pretty good indica~
the FMS Foundation are not likely to be stopped by the pro~
tion of how much the APA and insurance companies are
fessionals who committed them. There has been no evi~
hurting from huge awards to former patients.
dence on the part of the professional organizations that they
What does it say to the public and mental health con~
are going to undertake any significant changes in the educa~
sumers when the American Psychiatric Association and its
tion or monitoring of their members. Indeed, the evidence is
insurance companies allocate resources to recoup their loss~
just the opposite. The immense malpractice awards have
es from a case in which a psychiatrist's malpractice was of
such significance that she even had her license suspended? In this lssu~J. •.
What does it say to the public that resources do not appear
Feld .................................................................................. ..4
to be allocated toward insuring that American Psychiatric
Harrls Morflt ...................................................................... 5
Association members practice safe and effective therapy?
Legal Corner ....................................................................6
The public should be able to expect therapy that is safe and
Pankrotz ............................................................................9
effective. Even the recent Surgeon General's reportlll on
Conference fnforrnatton .............................................. 10
mental health recommends the implementation of specific
Begert. ............................................................................. /3
treatment methods, referred to as "evidence based prac~ From Our Readers. ......................................................... 14
tices," that have proven to be effective in the treatment of Bul/effn Board ................................................................ 78
mental illness.
Unfortunately, the evidence that the mental health pro- The next Issue Wf/1 be combfned May/J une
3401 Market Street. Suite 130, PhiladeJphio, PA 19104-3315. [phone], Fax [phone]
professionals circling the wagons rather than looking to About the April Conferences
ways to improve the quality of education and practice, as
"You just never know!" ended the note from a father
the suit against the Humenansky defense lawyers shows.
telling us that his daughter had sent him a loving letter just
The quality of training of psychologists has grown weaker.
after Christmas. He said that after 11 years he had pretty
Social workers can still take continuing education seminars
much come to tenns with the fact that his problem would
in ritual abuse! The fact that people have been greatly
probably never be resolved-and out of the blue came this
banned and even wrongly imprisoned because of beliefs in
letter. You just never know!
satanic ritual abuse has not stopped its instruction.
What draws some children back to their families? Why
It is necessary, then, to turn in other directions. That is
are others still mired in the cruel beliefs of a discredited
the reason that we are asking all people who are concerned
therapy fad? What can parents do to reach an alienated
about the quality of mental health treatment in this country
child? What can they do when a child returns but other fam
to write and ask that the problems of errors in mental health
ily members will not accept her? We don't promise answers,
treatment be included in the Quality of Health Care project
but we do promise lots of active discussion on these and
of the Institute of Medicine.l2!
many more topics at the FMSF Family Conference
The past month has brought sadness to the FMSF office
"Memory and Reality: Return to Reason" on April 8 and 9
because of the death of Scientific Advisory Board member
in Westchester, New York. The Roundtables on Saturday
Martin Orne, M.D., Ph.D. (See page 4) Dr. Orne and his
afternoon are the places where discussions begin and new
wife Emily played a crucial role in the founding of the FMS
contacts with people who have similar concerns are made.
Foundation and in the establishment of the Scientific
Memory and Reality: Return to Reason conference
Advisory Board. Many FMSF members will remember the
information and registration are available on pages I 0 and
first FMSF Memory and Reality conference in April 1993
11. Please note the cut·off dates and price changes for early
and the wondetful party that the Ornes arranged for partici·
registration for the hotel (March 6), the conference (March
pants. Dr. Orne cared deeply about the false memory issue.
15), and the celebration dinner (April!). It is worth making
We will miss his brilliant and compassionate support.
your plans early.
The past month has brought happy moments too-lov·
We are pleased that the New York Medical College is
ing letters, families reuriited. We need to work together to
sponsoring a separate professional conference. They are
ensure that more families have such happy moments. We
helped in this project with a grant from Eleanor and Elliot
must continue to work toward the availability of safe and
Goldstein of SIRS Publishing (Upton Books), the initiative
effective therapy for everyone who is in need.
of David Halperin, M. D., an FMSF Advisory Board mem·
her, the encouragement of Paul Kymissis, M.D., Professor
1. David Satcher, M.D., Ph.D. Surgeon Generol, "Mental Health; A Report of the and Director of Child and Adolescent Psychiatry at the NY
Surgeon Generol," U.S. Public Health Service, 1999.(available www.memal Medical College, and the support of the FMS Foundation.
health.orglspecia!sfsurgeongeneralreponihome.htm!)
Please note that the NY Medical College program is com
2. To Err i~· Huma11: Building A Safer Health System, lnMitute of Medicine, Koh,
L.T., Corrigan, J.M. & Donaldson, M.S. (Editors), Commillee on Quality of pletely independent and is under the approval of their con·
Health Care in America, National Academy Press, Washington, D.C (Available tinuing education division. There is separate registration for
www.nap.edu. See FMSF New.~/etter Oct/Nov 1999) this conference.
Please be assured that families are welcome at the pro
Send your letters asking the Institute of Medicine to
fessional conference and professionals are welcome at the
support the indusion of medical errors in mental family conference. FMSF members and newsletter sub·
health practices in the Quality of Health Care project scribers should have already received programs and regis·
to: tration materials for both the family and professional con·
ferences.
Kenneth J. Shine, M.D.
a
President, Institute of Medicine
2101 Constitution Avenue NW
Washington, DC 20418
special thanks
William C. Richardson, Ph.D. We extend a very special ''Thank you" to all of the people
President and CEO, W.K. Kellogg Foundation who help prepare the FMSF Newsletter. Editorial Support:
Toby Feld, Alien Feld, Janet Fetkewicz, Howard Fishman,
One Michigan Avenue East
Peter Freyd. Columnists: August Piper, Jr. and Members of
Battle Creek, MI 49017·1611
the FMSF Scientific Advisory Board. Letters and informa·
tion: Our Readers.
2 FM$ Foundallon Newsletter MARCH/APRIL 2000 Vol. 9 No. 2
Changing Trends in Doctoral age publication record (average of 1.5 It's Not Too Late
Training Programs in psychology: publications per faculty member in the to Join the Satanic Panic!
A comparative analysis of period 1988-1992)
The Seminar Schedule for
research-oriented versus • Depend significantly more on the
Continuing Professional Education at
professional-applied programs service of part-time faculty members
Brendan A. Maher the University of Michigan School of
• Have significantly more students
Psychological Science Social Work advertises:
per faculty member
10 (6) November 1999 475A81
• Admit candidates with median Ritual Abuse: An overview from
The purpose of this article is to Graduate Record Examination scores research, law enforcement, and clini
summarize changes that have taken significantly lower than those of stu cal perspectives - April 28, 2000
place in research doctoral programs in dents in the research programs. Participants will learn about tools to
psychology between 1982 and 1993. • Have significantly increased their assess and treat ritual abuse.
The author used data from the National output of Ph.D.s since 1982 According to the notice, one of the
Research Council's 1995 study of doc • Have significantly higher output three teachers of the seminar is a clin
toral programs to provide a basis for of Ph.D.s than the psychological ician who has treated adult survivors
the comparison of research-oriented research-science programs in all facul of ritual abuse for the last nine years.
Ph.D. programs in psychology and ty-quality quarters. 0
Ph.D. programs of professional Editor's comment: The FMS disas
Charter Behavioral Health System
applied schools. He concluded that the ter occurred, in measure, because
Expected to File for Bankruptcy
professional-applied schools present a many professionals were ignorant of
profile of faculty resources, attributes, some of the fundamental facts about More than half of the 90 hospitals
and activities that differs sharply from the working of human memory. The and treatment centers operated by
that found in the research-oriented pro highly disturbing trends shown in this Charter Behavioral Health System, the
grams, and in Ph.D. programs in the article have been noted previously in nation's largest chain of psychiatric
other behavioral and social sciences. House of Cards: Psychology and hospitals, are expected to be closed.
The difference in profiles suggests that Psychotherapy Built on Myth by Charter has had a long troubled past,
the professional programs conduct Robyn M. Dawes in 1993. It is further and patient care has deteriorated at
Ph.D. training that departs from the evidence that the professional organi many hospitals. Dissociative units at
training ordinarily regarded as neces zations are not responding to the low Charter hospitals have been mentioried
sary for the award of that degree. (Note ered standards of psychology. The con in lawsuits brought by fanner patients
that this study does not include the sequences of that inaction directly and a 60 Minutes 11 documentary in
degree of Psy. D.) affect consumers in tenns of the quali April 1999 attested to patient prob
The author commented: "If the ty of care to patients. The conse lems.
trends described in this article contin quences of that inaction affect society Barry Meier, "A Price Too High? A deal
ue, it will be increasingly difficult to when professionals testify in court as to save Charter Behavioral may have
hurt it" New York Times, Feb 16,2000.
count on individuals with Ph.D.s meet experts on issues of whether abuse
0
ing a standard of scientific compe occurred or the psychological harm
tence. It is hard to avoid the conclusion that may have entailed. New Look to FMSF Web Page
that this trend is a threat to the integri The article reinforces the need for
The FMSF Foundation expresses
ty of the scientific base of professional public action. The inability of the men
and applied psychology, and a tal health profession to monitor itself its gratitude to Greg Louis, i'h.l'l ..
for his valuable help in developing
reminder of the solid reasons for and maintain standards means that the
the "new look" of the FMSF web
requiring that training for professional public must demand changes in the
page
practice be embedded in scientific education of mental health profession
training in an environment in which als if treatment is to be safe and effec www.MemoryandReality.org or
research activity is a critical element." tive. The public must demand strong www.FMSFonline.org
The professional-applied programs legislative action to ensure that mental Dr. Louis has been our volunteer
• Are rated significantly lower in health treatment is safe and effective. webmaster since the site went on. line
faculty quality, and therefore fall pre The next article about a continuing in September 1998. Although still a
dominantly in the fourth faculty-quali education program for social workers work-in-progress, we think you will
ty quarter indicates that that field also has severe find the reorganized site fu11 of inter
• Have a significantly lower aver- problems in professional education. esting and informative material.
FMS Foundation Newsletter MARCH!APRIL2000 Vol. 9 No. 2 3
Martin Ome Remembered Can Myths be Created in Therapy? ignored; the alleged crime (fortunately
Alien Feld for those falsely accused) often goes
It is with deep sadness that we
unreported; the client's inaccurate revi
inform you of the death of Martin I've often asked myself if myths
sion of her personal history is encour
Ome, M.D., Ph.D. on February 11, might be created during therapy. It's a
aged; the family disruption is left to
2000. Dr. Orne, an FMSF Advisory question I've also posed to students.
others to wrestle with. Former clients
Board member, was instrumental both Obviously, therapy and myth-making
who have experienced false memory
in the creation of the False Memory describe (or should describe) two dis
syndrome and families who have been
Syndrome Foundation and in the kind tinct and separate activities. Yet I've
devastated by clinically created narra
of organization it became. In 1991, he come to believe that all too often myth
tives for which there is no external cor
brought together several families who creating may be at play in many thera
roboration have attested to these hor
had turned to him for help . Dr. Ome peutic processes. But even if the idea
rors.
nurtured the families' developing that therapy may lead to the creation of
From its very beginning, the
insights into the then unnamed myths is valid, it would be wrong to
Foundation has held to the scientifical-
tragedy. It was Martin Ome and his conclude that clients may not reap
ly valid position about adults who
wife Emily Ome, also an Advisory important benefits from psychological
claim new memories of childhood sex
Board member, who conceived of a therapy.
ual abuse: the memories may be true
professional advisory board with The interrelated concepts of histor
(historical truth); the memories may be
members so solid in their professions ical truth and narrative truth, written
false (myth); the memories may be
that they would not be toppled in the about by Donald Spence, Ph.D.lll, may
partially true and partially false (part
coming maelstrom. be useful in explaining the claim that
historical truth and part myth).
Dr. Orne was born in Vienna, therapy can lead to the creation of
External corroboration is the sole
received his medical degree from Tufts myths. The phrase "historical truth"
mechanism that currently exists to
University in 1955 and a doctorate in suggests that the product of a thera
detennine if these so-called memories
psychology from Harvard in 1958. He peutic interaction is historically accu
are valid. FMSF is in very good com
pioneered new therapeutic approaches rate. "Narrative truth," on the other
pany with our call for verification~'
and perspectives on patients' rights hand, describes a product of therapy
Internationally, the major professional
while a professor of psychiatry at the that may or may not be historically
organizations, whose constituents
University of Pennsylvania. Orne accurate. I often refer to this as a "clin
include therapists, agree that corrobo
believed that hypnosis could be a valu ical narrative." A clinical narrative can
ration is the sole means of validating
able therapeutic tool, but that it typi be-and often is-treated as describ
so-called recovered memories.
cally increases false memories more ing something real to the client and
The fault then lies with individual
than it induces accurate ones. In a therapist. It is within the concept of
therapists when clients are helped to
1987 interview with the Los Angeles narrative truth that I raise the possibili
come to believe in the reality of events
Times, Ome noted that "A hypnotized ty of myth-creation during therapy.
that are not known to have happened.
person can read tomorrow's stock page Since both "truths" are by-products of
As trained professionals, it is their
to you. The only problem is you'd go the interactions between therapists and
responsibility to recognize that narra
broke if you believed it." clients, it would be wrong to overlook
tive truth DOES NOT EQUAL histori
Martin Orne's research on memo the potential influences of therapists in
cal truth. Working with a client as if
ry and undue suggestions has been what evolves to be considered the
her narrative truth is reality can cause
cited in more than 30 supreme court "truth."
considerable harm to the client, her
cases as well as by the U.S. Supreme When therapists and their clients
Court. His expertise in hypnosis fail to distinguish fact from fiction, the family and yes, (w \tn~s the many law
suits) increasingly so to the therapists
played a key role in the 1981 trial of damage that can result is obvious. Yet
and the helping professions.
Kenneth Bianchi, the fanner security there are therapists who arrogantly
guard who confessed to killing five .claim: "It makes no difference if it's I. Spence, D.P. (1982). Narrative truth and hisroricaf
women in the Hillside Strangler case. true or not." Many who make that lnllh: Meaning and inlerpretatirm in psychoanalysis.
New York: Nonon.
Attorneys for Bianchi argued he suf claim continue the therapeutic activity
Alien Feld is Director of Comirwing
fered from multiple personalities, but as if it were historically true: the sup
Education for the FMS Foundation. He has
Orne demonstrated that Bianchi was posedly metaphorical implications
retired from the faculty of the School of
feigning his multiple personalities. (another significant arena for develop
Social Work at Marywood University in
We honor Dr. Martin Ome. ing myths) are abandoned; the legal
Pennsylvania.
quagmire that may be created is
4 FMS Foundation Newsletter MARCH!A PRIL 2000 Vol. 9 No. 2
EMPATHY IN THERAPY to take place, -T-h--i-s- -i-s- -a mutual effort therapy focuses on "empathy" for the
Spencer Harris Morfit
and somewhat different from the way "Inner Child," this is quite a different
The word "empathy" came into the empathy plays out. When "empathy" focus from identifying and developing
American lexicon through the social becomes a professional technique it behaviors that would be more appro
sciences in the 1970s. "Empathy" implies the therapist has to take prima priate to an adult, which is. after all
means, literally, to feel what another is ry responsibility for restoring the the eventual goal of most therapy:
feeling. It has largely replaced the per "empathic attunement." This could More behavioral therapies would see
fectly good word "sympathy" which subvert or delay the effectiveness of the "split" as a node for choice and
means to feel with another. the therapy. In a worst case scenario, a proceed from there. As another thera
I personally dislike the term client could be led to expect such effort pist once said to me, "Yoti can act your
"empathy" for two reasons: I) To feel from anyone. way into a new way of thinking faster
what another is feeling is usually an I recall comments from Edwin than you can think yourself into a new
impossibility; 2) Like many terms Freidman, rabbi, author and systems way of acting."
from the social sciences, it implies a therapist who has worked not only I am saying that some kind of sym
special meaning, and, in therapy, spe with families but also in larger systems pathy, patience and tolerance are
cial techniques. What ones feels with such as corporations and the military. important in therapy. It's when it
or for another is an attitude and an Freidman reported that in his work the becomes some abstruse concept in the
emotion. It cannot be turned into a demand for "empathy" was defeating service of mindless technique that it is
"technique." A good argument could efforts towards more productive work problematic. And my difficulty with
be made that the minute you turn it into and that in system after system the many of these abstruse concepts is that
technique you are operating outside its weaker parties were receiving all the they seem to foster mindless tech
meaning and in a manipulative way. attention-attention that became a nique.
"Empathy" was adopted by many form of reinforcement. He reported, I can illustrate this with a case that
psychodynamic therapies as a neces furthermore, that this frustrated the was once reported to me. A man and
sary condition for therapy. The idea is stronger parties and weakened the his wife went into marital therapy
that in order for the therapy to succeed effectiveness of the entire system. together with a therapist who was very
the therapist must maintain "empathic It is not surprising to me that committed to the idea of "empathy." It
Friedman would be in a position to see soon became obvious that a primary
attunement" at all times and that when
"empathic attunement" is broken it the impact of this idea. The problem problem in the marriage was the way
with the concept of "empathy" the husband made and broke commit
must be restored for the therapy to pro
ceed. becomes most obvious as soon as you ments. Both in the marriage and in the
introduce other parties to a system. As therapy there would be elaborate nego
Let me be clear: I do not think that
soon as this happens, one would be tiations around a common goaL The
any person should or should have to
presented with the challenge to decide design of these agreements was always
work with a therapist who is unsympa
"And to which party should the 'empa the same: The other party would
thetic. I sincerely believe that clients
thy' be directed?" To answer this, one engage in some effort, or temporarily
"come by their symptoms honestly" as
would have to ask questions about the make some sacrifice in order to help
one therapist expressed it. They suffer
original task, sometimes to ask moral the husband to a stronger position.
from these "symptoms" (which I think
questions-a factor to which we might When he had achieved this stronger
of as learned behaviors) and often oth
expect a rabbi to be sensitive. In the position, the husband would agree, he
ers around them do too. As in any habit
recovered memory movement, the idea would make a sacrifice or effort to
formation, it takes effort to bring these
of "empathy" plays out, among other enable the other party. In this way, the
behaviors into focus and to practice
things, in a reluctance to challenge the system was to progress, each party
and replace them with more construc
tive ones. client's beliefs, including such odd and chaining up the other. However, the
extreme beliefs that he or she was husband routinely backed out of his
A client should legitimately expect
abused in a Satanic cult or a past life. commitments when it was his turn to
understanding and respect for the
Even in individual therapy, empa reciprocate. This, of course, made the
effort he or she is making and the diffi
thy" can be a challenge. We often find entire effort fail and left everyone else
culty of the task. It would be difficult
therapists addressing this challenge by angry. The husband typically left the
for any of us to accept help from a hos
identifying a "split" between the therapy session at this time.
tile source. And when therapist and
client's "Inner Child" and his or her The therapist's consistent advice to
client are not in sympathy, that is a
"adult" personality. If psychodynamic the wife was to ''Try to understand his
message that some clarification needs
FMS Foundation Newsleffer MARCH/APRIL 2000 Vol. 9 No. 2 5
universe." To her credit, she also
L E G
instructed the husband to ''Try to
understand her universe." There came
a time when the husband negotiated a
payment schedule for his bill. The cou~ FMSF Staff
pie subsequently left the therapy
Clay v. Kuhl , 2000 Ill Supreme Ct. LEXIS 6, January 21, 2000.
because it wasn't going anywhere. The
Nos. 86938,85941 cons.
bill was still unpaid. The therapist
called the husband to renegotiate a The Illinois Supreme Court upheld a strict statute of limitations in abuse
payment schedule. The husband failed cases in a decision on January 21,2000. The court held that abuse victims must
to meet the agreed payments. The ther file lawsuits within two years of turning 18 and rejected the argument that the
apist called to negotiate again. When two-year clock should begin running only when a victim discovers the earlier
this third agreement also failed, the abuse is the cause of adult psychological problems.
exasperated therapist wrote the hus The case involves a claim by Teresa Clay that Brother Richard Kuhl, a mem~
band a letter threatening a lawsuit if he ber of the Roman Catholic Society of the Missionaries of the Sacred Heart,
did not make payment by a certain abused her approximately 900 times from the time she was 8 or 9 until she was
date. When the wife innocently came 15 or 16. She claimed to have always remembered the abuse but did not know it
across this letter while housekeeping, was the cause of her psychological problems.
she photocopied it. With a large red The court held that since Clay remembered the abuse, she had enough infor~
marker she wrote across it, "Try to mation to decide whether to sue. The plaintiff argued that "the injuries she
understand his universe," and shipped incurred as a consequence of Kuhl's alleged misconduct were, like those caused
it off to the therapist. by exposure to asbestos, slow to develop and unknowable at the time of the
Spencer Harris Morfit is an author occurrence." The court rejected the analogy, writing "We believe that there are
and business woman. She is a member of substantial distinctions between cases involving exposure to asbestos or other
the FMSF Scientific Advisory Board. dangerous substances, in which the risk of harm is not immediately apparent, and
cases involving events that give rise to an immediate awareness of injury." -....._
The plaintiff brought her suit in 1996 at age 32. The defendants moved to dis
!!,A 'sp"~Sfql! man1iS :one Whaig_ail miss on the claim that it was barred by the statute of limitations, arguing that the
build a fimi fetmdation with the bricks instances of alleged misconduct were sudden traumatic events. The trial court
that others throw at him." granted the defendants' motions that the action was untimely, relying on the
Appellate Court's opinion in M.E.H. v. L.H., 283 Ill. App. 3d 241 that "had char
David Brinkley
acterized occurrences of child sexual abuse, for purposes of the statute of limita
Have you read these? tions, as sudden, traumatic events that triggered the running of the limitations
period once the victim of the abuse attained majority." The plaintiff appealed and
Confabulations
the appellate court reversed and remanded, concluding that "the action was not
True Stories of False Memories
barred by the statute of limitations." (The Clay case was originally brought in
Beware the Talking Cure
conjunction with a suit by Josefa Ferrer. The Ferrer case, however, was settled
Psychology Astray
while the appeal was pending.)
Smiling Through Tears
The Supreme Court reversed the appeal court, concluding that it did not need
Selling Serenity
to determine whether the instances of childhood sexual abuse alleged should be
Upton Books considered sudden, traumatic events for the purposes of the statute of limitations.
800-232-7477 The court said that it did not believe the discovery rule was of assistance to the
www.sirs.com/uptonbooksfindex.htm plaintiff.
The court did not make a determination on whether the discovery rule would
For inquisitors h'av~ ·always under- toll the running of the statute of limitations in repressed memory cases. Justice
stood· that an idea ·can be -extin- Ben Miller wrote for the majority, Justice S. Louie Rathje took no part in the
.gnished· most _effectively by consideration or the decision and Justices Charles Freeman and Moses Harrison
sup~
an
:pressing memory of a defining 11 dissented.
word,,( or .an inspiratianal person).
The FMS Foundation filed on omicus brief in this cose. lt is ovoilable os# 817 for $30.00.
Stephen-Ja~ Pou14 1'What doe_s the See FMSF Newsletters 7 (7) September 1998 and 8( 1) January/Februru-y 1999.
4re@~ '1:f' word mean anyway?" Chicago Daily Law Bulletin, February I. 2000, '"Se1>uol abuse-limitmions periods"
Natural History, 109 (1) 7100, 28--44 A.~.wciated Press State & Local Wire Jonuary 21. 2000 "Coun upholds strict statute of limitotions in abuse
cases"
6 FMS FoundaHon NewSletter MARCH/A PRIL 2000 Vol. 9 No. 2
Franklin v Terr, et al. U.S. App.9th Insurance Companies Lose Former Patient Retains the Right to
Cir LEXIS 1280, February 2, 2000. in Suit Against Humenansky Case Speak About her Experience
Defense Attorneys
George Franklin may not sue psy The three women who ran the for
chiatrists Kirk Barrett and Lenore Terr A lawsuit alleging legal malprac mer Genesis Counseling in suburban
for allegedly conspiring to present tice brought by Legion Insurance and Philadelphia sued a former patient,
false testimony at his murder trial in the Professional Risk Retention Group claiming she violated the terms of a
1990. The 9th U.S. Circuit Court of against the attorneys and law firm who confidential settlement agreement,
Appeals said that witness testimony is defended Diane Humenansky, M.D. in when she gave a television interview
legally protected from damage suits. the medical malpractice case Hamanne and held a discussion at a symposium
In 1990, George Franklin was con v Humenansky ended in a jury verdict in which she described the Genesis
victed of murdering Susan Nason after in favor of the defense attorneys and group as a "cult" that "tears families
his daughter Eileen suddenly remem against Legion Insurance and apart."
bered the killing in 1989. Franklin was Professional Risk Retention Group. The case had its roots in a suit
freed in 1996 after his conviction was The insurance companies, who insure Carol Diament filed in 1996 in U.S.
overturned by U.S. District Judge D. the American Psychiatric Association, District Court in Philadelphia for med
Lowell Jensen, who said jurors had argued that Humenansky was not ade ical malpractice against Genesis. She
been wrongly told that Franklin's quately defended in the 1995 case in said that in her years in Genesis she
silence in jail was an admission of which a jury awarded former patient was forced to give up contact with her
guilt. Prosecutors decided against a Vynette Hamanne $2.46 million. children and cut off relations with her
retrial after learning that Eileen has According to attorneys, the plain husband. In her talks, Diament never
also accused him of a second murder tiff insurance firms employed five mentioned the name of the group, ther
that he could not have committed and legal experts for the trial, two of whom apists, or the amount of the settlement.
because Eileen's memories has been were paid in excess of $100,000 for More than 15 former patients have
retrieved with the help of hypnosis. their services. They also employed prevailed in or settled suits against the
After his release, Franklin brought psychiatric experts David Spiegel, counseling center. The therapists have
a lawsuit against prosecutors, police M.D., Colin Ross, M.D. and Bessel also come under fire from state agen
and two psychiatrists. Kirk Rarrett was van der Kolk, M.D. cies for their controversial "detach
Eileen Franklin-Lipsker's therapist. The lawyers for the defense were ment" treatment methods.
Eileen Franklin first disclosed her William V. Johnson, William A. Philadelphia Judge Matthew D.
recovered memory of the murder to Geiser, and Mary Kenny of the firm Carrafiello found that there was no
Barrett during her third therapy ses Johnson and Bell in Chicago. restriction in Diament's settlement that
sion. Franklin's complaint alleged that Hamanne was not the only patient would---even at a stretch-have kept
Barrett conspired with several other to sue Diane Humenansky. In 1996 Diament from talking about her expe
witnesses to testify falsely that he did Elizabeth Carlson, who like Vynette riences. He ruled that the settlement
not hypnotize Eileen Franklin during Hamanne was represented by "does not prevent Diament from dis
her therapy. Lenore Terr is a psychia Christopher Barden, received a $2.5 cussing her experiences receiving ther
trist who practices in general and child million jury award and that was fol apy or from offering her thoughts on
psychiatry. lowed by settlements in several other the matter."
Franklin's suit against prosecutors· cases. Treatment in both the Hamanne The three therapists have also sued
and police is not affected by the deci and Carlson cases involved the diagno the parents of a former patient for
sion. sis of MPD. Dr. Humenansky used defamation and the lawyer who repre
hypnosis, guided imagery and sodium sented several of the former patients
See FMSF New.•/ellers: Vol 6 (8) September, 1997, amytal to help her patients recover who brought suit against them. They
Vo17 (5) June. 1998. Vol 7 {9) November 1998 memories, some of which involved were unsuccessful in these efforts.
belief in a satanic ritual abuse cult. The Daily Local News, February 15, 2000
Minnesota Board of Medical Practice "Genesis ruling defends First Amendment
Never doubt that a small group of ordered the suspension of rights" by Michael P. Rellahan
See FMSF Newsletters Vo\ 4 (8) September
thoughtful citizens can change the Humenansky's license in February
1995; Vol5 (I) January 1996; Vol5(3) March
world. Indeed it is the only thing 1997 for an indefinite period of time.
1996; Vol5(7) July 1996; Vol5(9) October
that ever has. 1996 Vol6 (3) March 1997 Vol6 (5) May
Margaret Mead 1997; Vo\ 6 ( 10) November 1997; Vol 6( 11)
December 1997; Vol8 (4) June 1999.
FM$ Foundation News/effer MARCH/APRIL 2000 Vol. 9 No. 2 7
Florida Psychiatrist is Fined people convicted during 1994~95 sex~ •Wenatchee paid $100,000 in 1999
abuse investigations, wrote: to help settle four lawsuits. The city
On February 5, 2000, the Florida
has a $25,000 deductible for settle~
Board of Medicine fined psychiatrist ''This case represents a total break
ments and jury awards up to $1 million
Alan Tesson $10,000 and ordered him down of the criminal justice and judi
cial processes from investigation, on claims originating before January I,
to take a course in medical record
through accusalion and conviction. 1995, and up to $2 million after that. If
keeping. The Health Department had
Evidence of the perversion of the a settlement or award is higher than
charged Tesson with failing to get
criminal justice system in pursuit of those limits, the city must pay.
informed consent to do hypnotherapy,
ambition and convictions at any cost is
hiring a female patient to work in his •Six people are currently suing the
vivid in the details of this case."
office, having lunch with her and going We11atchee World, January 18,2000 city over the handling of the 1994~95
to her home and failing to document 25 "Man convicted of child rape seeks new cases. The number is expected to grow
therapy sessions with her, and for Ios~ trial" by Stephen Maher as more people are released from
ing his scientific objectivity by having prison and as the children caught in the
A hearing has been ordered for
a personal fascination with satanic rit~ investigation turn 18.
Gene Town who, with his wife Cherie,
ual abuse. Wenatchee World, January 22, 2000
were the first two people arrested by
Tesson neither admitted not denied "Paying the Price" by S!ephen Maher
Bob Perez in the 1994-95 sex~abuse
the allegations that stemmed from his
investigations. Gene Town is appealing
treatment of a former patient from
Court of Appeals of Washington,
his conviction and the Court of
1991 to 1993. That patient settled a
Appeals has ordered a judge to deter~ Division One, No. 43812-3-1,
lawsuit with Dr. Tesson.
mine whether he confessed voluntarily February 22, 2000, LEXIS 308 In a
Palm Beach Post, February 6, 2000
to Perez. Town's attorneys claim the unanimous decision, the Court of
See FMSF Newsletter Vol 6 (2) Febmary 1997.
detective browbeat him and told him if Appeals found that a Superior Court
0
he didn't sign the confession that Perez judge erred before a 1998 civil trial
had typed "he might just end up in an when he dismissed a negligent~investi­
WENATCHEE UPDATE
orchard somewhere." gation claim brought by pastor Robert
Ralph Gausvik is seeking a new Serious questions have been raised "Robby" Roberson and others against
trial, claiming that authorities manu~ about the reliability of accusations the city of Wenatchee.
factured accusations, a doctor misled made by Town's two sons. Medical Lawyers in the case say that the
jurors and his public defender never evidence that was not presented at the decision breaks new ground because it
investigated the case. trial indicates that one of his sons was allows parents and children to sue law~
Gausvik was brought into the delusional and distorted reality and enforcement agencies for conducting
investigations in 1995 when the that the other had an IQ of 49. Town's faulty child~abuse investigations. The
alleged victim toured Wenatchee with lawyers claim that the prosecution city of Wenatchee plans to appeal to
her foster father, Police Detective Bob withheld this important information. the Washington Supreme Court.
Perez , and identified his home as one We11atchee World, February 12,2000
of25 where she and other children had "Hearing ordered for man appealing con
been sexually abused. viction" by Stephen Maher
"fT)ruth about recovered memory
During Gausvik's trial the prose~
cutor told jurors that Gausvik's chil~ The ongoing cost of the Wenatchee may lie at either end of the continu~
urn: nothing requires us to assume
dren couldn't remember the details of sex abuse investigations:
that it must constitute a compromise
the alleged abuse because they'd likely
•Annual premium for liability rose between two sharply divergent
blocked out bad memories. In the
from $198,944 in 1994 to $410,719 in views. Analogously, one person may
appeal, Gausvik claims his children
2000. The hike is tied to the sex~abuse believe that the earth is round,
were subjected to multiple interviews,
litigation as well as inflation. whereas another may believe it is
called liars when they denied abuse
and were given rewards in exchange •In 1999 the Association of flat, but a 'balanced' view of the
for allegations. Washington cities, Wenatchee's insur matter does not compel us to con~
Robert Rosenthal of New York and ance carrier, began charging an extra elude that the earth is therefore
Alyse Collins of Seattle, attorneys with $26,468 a year to help recover costs oblong."
Innocence Project Northwest, the legal associated with defending Wenatchee R.J. McNally
Journal of Clinical and Experimemal
group that has been filing appeals for in litigation.
Hypnm;is Vol 47, Oct 1999. p. 374.
8 FMS Foundation News/effer MARCH/APRIL 2000 VOl. 9 No. 2
tormentors subtly gave clues about the stories of others. For example, he
what they expected to hear, and the uses the criticisms of magician John
accused reported their general beliefs Mulholland to debunk the parapsy
Editor's Note: As the recovered memory about witchcraft. This lesson was for chology research of Dr. Rhine.
movement retreats, it leaves debris such as gotten by those recent therapists who I was surprised to discover that this
shattered families, books, leuers, bibli treated Satanic Ritual Abuse. Why are same Seabrook also wrote the primary
ographies, and advertisements. How will all these patients giving similar stories biography of Dr. Robert Wood, the dis
people in the future obtain meaning from about Satanic Ritual Abuse if there is tinguished American physicist who
the debris? The book review that follows is
not some underlying truth? Because debunked spiritualists and scientific
such an attempt. What did the creators of
therapists give patients the clues about nonsense, like the N-Rays of French
the bibliography intend?
what they expect to hear, and patients scientist Blondlot. I had both of these
Doubt the Bibliography provide information they generally books in my library without connect
Loren Pankratz, Ph.D. know about occult activity. ing them until now. When Seabrook
Martin Orne!21 demonstrated this wrote on Dr. Wood, he knew that he
This is the second and final part of
subtle interactive process in a series of had an audience of knowledgeable sci
an analysis of a bibliography produced
clever experiments using hypnosis. He entists who could hold his feet to the
by Believe the Childrenlll in 1989. In
concluded that the "behavior of the fire. When he told stories about Africa,
the first part, I reviewed 9 occult titles.
{Subject) in trance is then determined he could stoke the fires of credulity
I finish here with five more and some
by the S's preconceptions about how a with impunity.
commentary.
hypnotic S acts, and the cues, both
12. Summers, M. History of
10. Murray, M. God of the explicit and implicit, as to the desired
Witchcraft. Does the bibliographer
Witches. [1921/1996] Margaret Murray behavior which the hypnotist commu
refer to History of witchcraft and
is often cited as an example of how nicates in the process of trance induc
demonology, Kegan Paul, 1926, or to A
scholars can get overwhelmed by their tion." Ome's important studies demon
popular history of witchcraft, Kegan,
own work [See, Wernick m strated that the hypnotist and subject
Paul, 1931, both of which have been
Smithsonian 1994; 24 (12), pp 108- have a powerful effect on one another.
reprinted?
1241. Murray discovered in her study The implications of his studies help
Montague Summers had a vast
of witchcraft documents that witches explain the historic statements of
store of arcane knowledge even as a
confessed to details about their activi accused women being tortured for
youngster. He was ordained as a priest
ties that were remarkable similar to the witchcraft and the current problems in
but spent his life teaching, collecting
old pagan religions that had existed for unexpected drug effects. Skip
occult books, and writing. Although
thousands of years. These women, Margaret Murray and read Martin
admired for his scholarly work, many
Murray concluded, must have been try Ome.
laughed about his castigation of black
ing to keep alive an underground
11. Seabrook, W. Witchcraft: Its magic in his writing while personally
movement. She charged right into full
power in the world today, Harcourt, admiring Oscar Wilde and Aleister
conspiracy theory mode by suggesting
Brace & Co, New York, 1940. William Crowley.
in her next book that pagans had con
Seabrook was a newspaper reporter The first editions of his books
trolled European governments for sev
who tried to make an extra buck by (some numbered because of limited
eral centuries. But if these conspirators
publishing books. He traveled exten printings) are highly sought by collec
are as powerful as Murray proposed,
sively, especially in Africa and Haiti, tors, including the books he edited and
Wemick wonders, why are they no
where he hung out with the lowlife annotated. Yet his introductions to
more fonnidable than the covens in our
crowd that practiced witchcraft and Sinistrad's Demoniality, Remy's
modem suburbs that meet to commune
were entangled by superstition. He also Demonolatry, Kramer and Sprenger's
with the moon and grow herbs? Let's
got into considerable trouble with alco Malleus Maleficarum, and Scat's
hope those naked dancers pictured in
hol during this time. Because he writes Discovery of witchcraft all show
Holtzer's Encyclopedia are not ruling
such detailed dialogue, the reader may remarkably gullibility. For example in
the world.
not be aware that Seabrook is writing the introduction to Remy, he says:
Murray was a crackpot. But her
on his experiences of fifteen to twenty However, until it has been theolog
research shows that in the 16th century,
years earlier. His own experiences are ically disproved, I, for one, am willing
tortured people provided just the infor
all reported with this-is-God's-truth to accept, with certain minor reserva-
mation that their tormentor's expected.
soberness; however, he slips to his
What happened, of course, was that the Continued on page 12
skeptical journalist role when reporting
FMS Foundation Newsletter MARCH/APRIL 2000 Vol. 9 No. 2 9
FAMILY CONFERENCE Memory and Reality: Return to Reason
Sponsor: FMS Foundation Location: Crowne Plaza Hotel White Plains New York
PROGRAM
Saturday, April 8, 2000 Sunday, April 9, 2000
MORNING SESSION MORNING SESSION
8:15 Registration and Coffee 8:30 Brunch
9:00 Welcome and Opening Remarks Spectral Evidence vs. Science: Legal Issues
Pamela Freyd, Ph.D. Ralph Slovenko, J.D., Ph. D., R. Christopher
9:15 Community Effort and the Memory Wars Barden, J.D., Ph. D., Martha Churchill, J.D.
Paul McHugh, M.D. 10:00 Caught in the Middle: Sibling Panel
Hollida Wakefield, M.A., Moderator
I 0:30 Coffee Break
10:45 From False Memories to Reality: Retractor Panel 11:00 Coffee
Terence Campbe!J, Ph.D., Moderator IUS Telling the FMS Story: Author Panel
12:00 Lunch (on your own) Eleanor Goldstein, Moderator
AFTERNOON SESSION
Closing Remarks
I :30 Paving the Road to Reason with Science Pamela Freyd, Ph.D.
Elizabeth Loftus, Ph. D.
2·45 Many Paths for FMSF Families· Professional
'
Panel Harold Lief, M.D., Moderator
A special conference room-rate for the ·FMSF Ftu:nily
4:00 Break Conference of $110 plus tax {Single or Double}·per night at
4ol5 Roundtables (Sign up at registration. Topics the Crowne Plaza is obtainable only until 4 ~ks .,efore
include: Mediation; Dealing with a Returner; Sons the conference-March 6, 2000. To make your reservation
call800-PLAINS2 or 914-682-0050,
as accusers; Moving on; Religious counseling.)
The Crowne Plaza is about 30 miles north of Manhattan. '
7o00 Celebration Dinner The Westchester Cowtty airport is approximately 10 minutes
An evening of appreciation and celebration is sched~ away from White Plains and La Guardia airport is approxi~
· W.ed''fui Saturday Night~~ thiHainity c_Otrt'ereftce, witl'i:'Pamela l mateJY' '!Wi minutes away• . White tPJains can :be te8Gbedllb.jr 1tl!llin .
Freyd as the featured speaker. RESERVATIONS ARE and is easily accessible by automob~. It is diose •to-the T-appan
REQUIRED. The cost of the dinner is '$60.00 per person. If Zee Bridge. The hotel provides complim~tacy shuttle service
the cost of the dinner is prohibitive, please pay what you from Westchester County airport and White Plains Metro
would expect to spend for a special Saturday evening dinner. North. Shuttle service to the New York Medical College meet~
CUT-OFF FOR DINNER RESERVATIONS IS APRJL I, ing on Friday will also be provided.
PROFESSIONAL CONFERENCE False Memory Syndrome: New Perspectives
Sponsor: New York Medical College Dept Psychiatry and Behavioral Sciences Location: Westchester Country Club, Rye, NY
PROGRAM
8:00 Registration and Continental Breakfast 12: 15 Luncheon Presentation: False Memory Syndrome
9:00 Welcome and the Therapeutic Culture
Joseph T. English, M.D., Paul Kymissis, M.D. Wendy Kaminer, Ph.D.
9:30 Lessons Learned and Experiences Had in Dealing I :45 The Duty of the Therapist Toward Family Members
with the False Memory Syndrome Ralph Slovenko, Ph.D., LLB.
Paul McHugh, M.D. 2:30 The Role of the Clinician
10:30 Coffee Break David Halperin, M.D.
11 :00 Creating False Memories 3:15 Panel Discussion
Elizabeth Loftus, Ph.D.
Registration for False Memory Syndrome: New Perspectives (New York Medical College Professional Conference)
$85.00 before March 31, 2000: $100.00 after March 31, 2000, $50.00 New York Medical College students and residents
Visa and Mastercard accepted, Checks should be made payable to: Office of Continuing Medical Education, New York Medical College, Va\halla.
New York 10595, Telephone [phone], Fax: [phone] Include: Name, Title, Phone. Address, City, State, Zip, and Organization.
NY Medical College designates this activity for a maximum of (7) hours in Category 1 credit towards the AMA Physician's remgnition award.
ID FMS Foundation News/effer MARCH/APRIL 2000 Vol. 9 No. 2