False Memory Syndrome Foundation Vol 07 No 07 1998 sept

20 Pages·1998·0.93 MB·English

F A L S E MEMORY SYNDROME FOUNDATION NEWSLETTER
I .-- --.
SEPTEMBER 1998 Vol. 7 No.7
Dear Friends, diagnosed patients as suffering from the results of intergen·
erational satanic cult abuse; therapists who told patients that
Are we entering a new phase of FMS legal activity? It
they had "all the signs of sexual abuse" and treated them for
seems likely. Fraud is the key word in two criminal trials
something that did not happen; therapists who defamed par
described in the Legal Corner this month. Leading propo
ents they never met, or who advised patients to cut off from
nents of recovered memory therapy are faced with impris
their families-all such therapists are about to see those
onment and fines-punishments against which their mal
practices under attack in a federal criminal trial.
practice insurance will not protect them. And in Chicago,
The Ramona case in 1994 was significant because it
Dr. Bennett Braun will appear before an administrative
opened the door for someone other than a patient to sue a
judge to determine if his license to practice will be revoked.
therapist. The Peterson. et al., trial, however, is significant
The federal criminal trial against five professionals
associated with Spring Shadows Glen Hospital is set to ~n ways that directly affect the practice of psychotherapy. If
1t does nothing else, this trial emphasizes that there is no
begin in Houston on September 8, 1998. (United States of
freedom to exploit or harm patients just because one is a
America v. Peterson. Seward. Mueck. Keraga and Davis)
mental health professional.
The trial is expected to take three months and will probably
The legal action filed in August by the lJiinois
cover some of the many "treatments" at Spring Shadows
Department of License and Inspection to revoke Bennett
Glen exposed in Ofra Bikel's Frontline documentary
Braun's license is another significant and related event.
"Search for Satan" (October 24, 1995, PBS). The charges
Bennett Braun, M.D., whose recent $10.6 million settlement
include mail fraud, insurance fraud and knowingly misdiagw
with a patient received national attention, was key to the
nosing MPD in order to keep patients in the hospital. This
trial is the first time that professionals have ever been treatw ~evelopment and spread of recovered memory therapy prac·
ttces. He was a founder of International Society for the
ed as criminals for using "mindwaltering" techniques for
Study of Multiple Personality (now ISSD) whose journals
their own purpose rather than for the patient's wellwbeing.
and conferences taught others about techniques for recover
One professional told us that this case doesn't have any
ing "repressed memories." "Every MPD patient in the coun
relevance to him or to most psychotherapists. We differ,
try owes a personal debt of gratitute to Buddy [BraunJ. He's
although we acknowledge that this attitude is both prevalent
the first ever to get a unit set up for these people, and all the
and problematic. We see the trial as cutting to the heart of
other units around the country followed the trail he has
issues that concern all mental health professionals. By their
blazed," said Richard Kluft, M.D. when honoring Braun in
silence and inaction, the major mental health organizations
1994.111 Gloria Steinem credited Braun in Revolution From
have contributed to a climate that tolerated fraud-from
Within, thus ensuring the support of the women's move
deceptive recruitment of patients, to kickbacks to doctors
ment.
for patient referrals, to the use of dangerous memorywrecovw
ery techniques. We hope that criminal convictions and atten- ,----------.::-..:-.::-==--------~
dant media coverage may finally persuade some of the In thiS Issue .. .
major professional associations that this casual stance is not Mt;~rle Elson .......................................... ,. ............................. 4
tolerable by the standards of the community. Loren Pankratz. .................................................................6
In this tragic time, when government prosecutors have Legal Comer .................................................................... ?
been forced to assume the role of guardians of the profes- Tanq l)lneen .................................................................. 13
sion, many therapists have cause to worry: therapists who Make a Q/fffJrence ........................................................ 14
used hypnosis or hypnosisw!ike techniques for memory work From Our Readers .......................................................... 14
without informing patients of the risks; therapists who Bulletin Board ................................................................ 1"8·
3401 Market Street. Suite 130, Philadelphia, PA 19104-3315. [phone], Fax [phone]
How long will discredited professionals and discredited ,--------------------
beliefs be given credence? The criminal trial about to start We IU'C pl(mSed to report that Alien Feld is recovering
from the serious accident he suffered on June 7 when hit
in Houston brings disgrace to the whole mental health pro-
fession. The beliefs and actions that caused the federal gov- by a car while bicycling.
emment to step in did not take place in a vacuum. Alien is a _prolific contributor to this newsletter. He is
Professional silence conferred consent. It is long past time Director of·Continuing EdUcation for the Foundation, a
to end that silence and to update and revise professional position )le has held since retirement as a professor of
statements about recovered memory. The Royal College of social work. .
Psychiatrists "Reported recovered memories of child sexu-
al abuse" Psychiatric Bulletin (1997) 21,663-665 is a fine Allen- and Toby Feld thank the many .people wlto-.have
model. Families, professionals, friends who read this sent messages and cards.
newsletter, let the mental health organizations listed in the L _____________________ j
box below know that now is the time for them to speak. Canadian Psychological Association
Wants Federal Inquiry
The Canadian Psychological Association has written that
I. quoted in Keenan. M ''The DeYil and Dr. Braun", New City, June 22, 1995
all criminal convictions based solely on "recovered memory"
evidence should be the subject of a Justice Ministry inquiry
American Psychiatric Association according to the Ottawa Citizen (June 21, 1998). The associ
Steven Mirin, M.D., Executive Director ation's board passed the motion to request such an inquiry at
1400 K Street NW its meeting on June 6. The psychological association has
Washington, DC 20005 4,500 members and is the first mental health organization to
American Psychological Association call for the inquiry that was initiated in May by Alan Gold,
Raymond Fowler, Ph.D., Chief Executive Officer president of the Criminal Lawyers Association.
750 1st St. NE
Q
Washington, DC 20002
Canada's Justice Minister to Review Sex Abuse Case
National Association of Social Workers
Canada's justice minister has agreed to review the case of
Jospehine Nieves, Ph.D., Execulive Director
a Manitoba man imprisoned for sexually abusing his daugh
750 1st St NE
Washington, DC 20002 ters. The man and his supporters insist the man was wrongly
convicted and jailed last summer on the basis of recovered
memories. The man has already lost an appeal of his four
Fund Drive Alert year sentence in Manitoba.
Q
Charles Caviness and Lee Arning are now
Doubt Cast on Story of Sybil
working on the Foundation's financial needs to
New York Times, August 19, 1998
be addressed in our annual fall fund drive.
Robert Rieber of John Jay College of Criminal Justice in
Please keep your eye out for their letter due in
New York says that newly-found 25-year-old tape recordings
October and remember how vital your commit-
show that Sybil, the woman made famous in book and movie
ment is to ·the -continuance of our important
for her multiple personalities, was really just a single troubled
work. personality. Rieber presented his analysis of the conversa
tions between psychiatrist Dr. Comelia Wilbur and author
Flora Schreiber at the American Psychological Association
meeting in San Francisco. (See FMSF Newsletter, December
special thanks 1997 for more details about these tapes.)
We extend a very special "Thank you" to all of the people Q
who help prepare the FMSF Newsletter. Editorial Support:
Toby Feld, Alien Feld, Janet Fetkewicz, Howard Fishman, Is More MPD in Store?
Peter Freyd. Research: Michele Gregg, Anita Lipton.
According to Publishers Weekly, June 22, 1998 Robin
Notices and Production: Ric PoweU. Columnists: Katie
Williams has purchased the film rights to 'First Person Plural,'
Spanuello and members of the FMSF Scientific Advisory
a biography about Cameron West's battle with 25 multiple per-
Board. Letters and information: Our Readers.
sonalities. Williams plans to star in the movie that will be pro-
duced by his company, Blue Wolf Productions.
2 FMS Foundation Newsletter September 1998 Vol. 7 No. 7
Recovered Memory Flap even if it has been retracted by the ical intuitive: one who 'sees' illnesses in
accuser. When Cardinal Bernardin died a patient's body by intmttve
In June CNN fired two people,
on November 15, 1996, 57 papers means ... Caroline no longer does private
accepted the resignation of another, and
coverd by NEXIS published obituaries readings."
then apologized for releasing a false
the next day. Most of them (79%) men The seminar has been approved for
story apparently based on a "recovered
tioned the accusation. nine credit hours by The Association for
memory" incident:
Humanistic Psychology which, in turn,
0
"If, as with CNN, you rely on a is approved by the American
source who later says he has experi Continuing Education Watch Psychological Association as a provider
enced 'recovered memories,' you're in
for continuing education credit. The
trouble." San Francisco Examiner, A glance at a New Age throw-away
topic of these talks will be "Archetypes
July 5, 1997. from Seattle, Washington indicates that
and Sacred Contracts." What's a Sacred
a growing number of therapists are pro
'"[R]epressed memories,' an Contract? We quote: "an agreement we
moting themselves as "intuitive." We
exceedingly shaky source of informa make before we incarnate."
were not surprised, therefore to read in
tion." Providence Journal-Bulletin,
Publishers Weekly (March 16, 1998) Q
July 5, 1998.
about a new book called Awakening
"[V]erification came from a mili CLOUSEAU LOAN FUND
Intuition: Using Your Mind-Body
tary official who had heard only
Network for Insight and Healing by The FMS Foundation is pleased to
rumors and an operation participant
Mona Lisa Schulz, M.D. Readers of this announce the formation of a special
who recalled the nerve gas use as a
newsletter (and perhaps the American fund to help foundation members initi
'repressed memory.' Ridiculously
Medical Association) will be interested ate educational meetings. A relative of a
weak stuff on which to hang a news
in her claims. She calls herself a "med foundation family has donated $500 to
story ..." Las Vegas Review-Journal
July 7, 1998. ical intuitive" and claims "to be able, be used for loans to encourage confer
over the telephone, to discern a person's ences to which professionals are invit~
CNN asked Floyd Abrams, the
physical and emotional condition and ed. Loans are limited to $200 per state
famous first-amendment lawyer, to
the linkage between them." According per occasion. The criteria for making
investigate. A widely quoted passage
to Publishers Weekly, she includes those loans are specified as follows:
from his report:
numerous examples of her remarkable 1. Loans are tu be repaid from the
''[HJe has in spectacularly self intuitive readings. In one, she intuits proceeds of the conference.
destructive fashion, [Van Buskirk] that "her caller has a uterine fibroid cyst 2. Preferences will be given to
stated that he had repressed memory and labels it as the physical manifesta locations that have not had profes
syndrome ... [R] ecenr reports that he tion of an unhappy relationship with a sionaJ conferences.
atcributes to repressed memory his cross-dressing lover." 3. A secondary, yet important pri·
previous failure to recall the Such notions are treasured and pro ority, will be for family meetings
encounter with defectors as he now tected in our country of free speech. For that invite professionaJs to attend.
describes it makes continued reliance 4. Loans are intended to help
skeptics, they provide the gist of fun.
upon him all the more problematic." defray expenses for getting profes
When "intuitive" psychological notions
sionals to attend (e.g. mailings,
Q receive implicit endorsement by the
poster, advertisements).
American Psychological Association it
False Accusations Stick
is another matter. This summer we To apply, send a one page descrip
In July, a one-hour documentary of received a brochure advertising a semi tion to the Foundation with the
the life of Cardinal Bemardin was aired nar taught by one Caroline Myss, Ph.D., following information:
on PBS. About six minutes of the pro self-described as "a pioneer in the field •Conference Title
gram were devoted to the accusation of of energy medicine and human con •Date of Conference
•Speaker(s) who ha(s)ve
sexual abuse based on a "recovered sciousness." We learn that "she holds a
tentatively agreed to participate
repressed memory" that was later doctorate in intuition and energy medi
•Location
retracted by Steven Cook. Each of the cine from Greenwich University in
•Professionals to be invited
first ten reviews of this program appear Hilo, Hawaii-the country's first such
•Publicity and mailing plans
ing on Nexis mentioned the accusation degree." (Greenwich University is an
•Conference fee
and some even made the accusation the unaccredited correspondence school in •Budget
main topic of the review. a town 200 miles southeast of •Amount requested
An accusation of sex abuse is not Honolulu.) The brochure goes on:
something that the media puts aside "From 1982~ 1995 she worked as a med-
FMS Foundation Newsletter September 1998 Vol. 7 No. 7 3
ISTSS Report accompanying comments. For example, The Effects of the False Memory
in the final section (edited by ISTSS Syndrome on Australian Families
In June, the International Society
president, Sandra L. Bloom, M.D., a Merle Elson, MAPS
for Traumatic Stress Studies (ISTSS)
frequent contributor to Psychohistory)
published a pamphlet entitled Newsletter readers know only too
the reader is directed primarily to mate
"Childhood Trauma Remembered: A well the devastating effects of FMS in
rial that is directly antagonistic to the
report on the current scientific knowl the United States. Sadly, this phenome
FMSF. The recommended authors are
edge base and its applications" under non has spread throughout most of the
Bowman, D.Brown, L.S.Brown,
the Chief Editorship of Susan Roth, Western world, and Australian families,
Hammond, Knapp, Mertz, K.Pope,
Ph.D., Duke University and Matthew J. too, have experienced harm from the
Schelfin, VandeCreek, and the authors
Friedman, M.D., Ph.D, National Center misuse of therapy to recover
of an amicus brief filed in the New
for PTSD. When it was being prepared pseudomemories. Although the
Hampshire v Hungerford case. The lat
several respected memory researchers Australian continent covers an area as
ter is described as follows: ''This 'friend
joined on as contributers ensuring that large as mainland USA, our population
of the court' legal document is con
the information about the nature of is only 18 million. The numbers affect
cerned with the admissibility of testi·
memory is accurate. But the document ed by FMS, however, are as high in pro
mony concerning recovered memories
as a whole is slanted, as was evidenced portion as in North America.
about childhood, sexual abuse, and
by the headline of a story about the In 1994, following unexpected and,
more specifically with the court's
report in Dr. Roth's hometown newspa to us, unbelievable allegations of sexual
recognition of traumatic amnesia as a
per: "Expert debunks false memories of abuse against my husband by his 42-
well-documented symptom that may
sexual traumas." (The Durham Herald year-old daughter, we traveled to the
result from severe trauma." The reader
Sun, June 28, 1998.) FMS Foundation in Philadelphia and to
is not told that this brief was directly
The slant can be found scattered the British False Memory Society in
refuted by the New Hampshire
throughout the text. For example, the Bradford-on-Avon, desperately seeking
Supreme Court.
Linda Williams 1994 study is described information. Whilst overseas, we
as reporting that 38% of the women in (The decision is available from the learned of several other accused parents
her sample "did not recall the docu Foundation, (# 843_$4). The influential in the State of South Australia who
mented abuse." As many have pointed trial decision that engendered the amicus were also actively trying to comprehend
brief is also available ( #837_$3.50) as is
out, that study said that 38% failed to the False Memory Syndrome.
the Foundation's amicus brief
report in a one-time interview the par Inspired by the heart-wanning
(#809_$30.). The ACLU also submitted a
ticular "index event." Many subjects practical support we received in
brief that supported the Foundation's posi
remembered some abuse memories but Philadelphia and from Roger Scotford
tion. None of these documents is men
not the particular "index event;" only m England, we contacted the South
tioned in the ISTSS pamphlet.)
12% reported no abuse memones. Australian parents on our return and
Failure to report may indicate a failure "[I]n any situation where-false alle held a meeting in our home in the State
to remember among other possibilities gations are allowed to proliferate, of Victoria in July 1994. From that
(non-reporting, etc.), but does not indi· those who have made well-founded small gathering of twelve families, the
cate dissociation or repression. There is ones are ·exposed. It is precisely for Australian False Memory Association
much evidence that what one reports this reason, however, that false alle· (AFMA) was created. As a psycholo
about one's childhood abuse in a first gations should be exposed sooner gist, I felt it imperative that the AFMA
interview and what one reports in sub rather than later. For if they are have an Advisory Board of reputable
sequent interview may be different. In treated as if they were genuine, then professionals and academics with
any case, failure to report is not evi expertise in the field of memory. We
the entire currency of compl~ts
dence of failure to remember. (Linda were fortunate to have the leadership of
bepomes debased ~d there is a
Williams edited this section.) Irene Curtis as President of the AFMA.
gr~ve danger tha~ ~bildren who real
The slant becomes most noticeable Many hundreds of affected Australian
ly are being abused (or adults who
in the suggested readings and the families have since contacted and
have been abused in the past). will
received help and support from the
find themselves once more being
false me~ory syn~m_e: a psycholog Association.
ical condition in which a person system~tically disbelieved •• as has
Those who read August Piper's
believes that he or she remembers happened before with tragic
account of his recent trip to Germany in
events that have not actually occurred. results."
the April 1998 FMSF Newsletter may
Random House Compact Unabridged Richard·Webster, p. 52
be interested to know that Australians,
Dictionary, Special Second Edition, 1996, The GTMJ Children's Home Panic
Addenda Oxford: Orwell Press, 1998 like Germans, do not enter therapy as
4 FMS Foundatfon Newsletter September 1998 Vol. 7 No. 7
----------------------------------
readily as Americans and, if the do, do States, but present-day Australia is a prior to the accusations being made, but
not divulge it to others. They also gen more secular, non-church-going coun also the highest rated event classified as
erally keep their personal lives private try. family stress during the accuser's child
and dislike public disclosure of any The Accusers: The results con hood.
family problems. These traits have firmed the observations of accused fam Therauy: For a nation not generally
caused difficulties in building an active ilies and FMS associations that a large considered "therapy-goers," it was sur
FMS association: although many hun percentage of accusers work in the prising to see the level of involvement
dreds make anonymous contact, few fields of counselling and sexual abuse. that the accusers had with therapists.
are prepared to become members, and The above-average intelligence of the Almost all were involved in therapy and
only a handful have dared to appear on accusers was also confirmed, not only had seen more than one therapist One
television or talk to the media. Those by parental assessment but also by accusing person actually saw ten differ
who have spoken out, however, have school completion rates and university ent therapists and one 20-year-old had
greatly improved the local situation. attendance--60% compared to the cur already visited nine. The average length
Recently two Melbourne lawyers have rent Australian average of 25% attend of time in therapy was 3 1/2 years, and
even initiated the first Australian legal ing tertiary institutions. Another rele at the time of the survey 31% were still
action against a therapist for the vant variable in the accusers' lives was attending. Where RMT is concerned,
implantation of false memories. the absence of satisfactory personal Australia has followed the American
Unfortunately, until those responsible relationships. Very few were in what the experience of vulnerable people becom
for hann are held accountable finan respondents classified as a happy mar ing dependent on their therapists.
cially and legally for the damage riage or partnership. Even amongst After-effects of accusations:
inflicted by RMT, there will not be a those who were married or in a relation Although one of the major limitations of
dramatic improvement in the behaviour ship at the time of their allegations, this type of study is the lack of a control
of disreputable therapists. many had broken up two to three years group, it is still possible to make some
During 1997/98, I conducted a sur later. Therefore, in addition to other observations without implying a causal
vey of AFMA families regarding their triggering events, being without a sup relationship between events. For exam
personal experiences with the False portive partner appears to be a risk fac ple, this survey found that almost a
Memory Syndrome. With 83 surveys tor for an accuser. American parents quarter of the accusers either attempted
returned, the response rate was 75%. may be shocked to know that 47% of the suicide, committed suicide or had suici
The eight-page questionnaire was sim Australian accusers were known to dal thoughts-in addition to self-mutila
ilar to one used by the FMSF and the have read the Bass & Davis book, tion, severe depression, violence, drug
British and New Zealand associations. Courage to Heal ( 1988). and alcohol abuse-following the
Although the Australian study was on a Stress: It was observed, and sup recovery of their "memories."
smaller scale, it was fascinating to note ported by results in other surveys, that The effects on the accused persons
the many similarities among families in various stressors in the accusers' current were just as dramatic: 96% reported
the United States, Great Britain and stage of life appear to play a precipitat deterioration in their health, including
New Zealand. I have briefly summa ing role in the recovery of false memo cancer, heart attacks, strokes, depres
rized a few of the interesting results of ries. The Australian survey demonstrat sion, mental breakdown and severe
the survey: ed that the most prevalent stress factor stress reactions. Three-quarters of their
The families: Typically the affecting the accuser was moving from partners also experienced marked dete
accused fathers in the Australian sur one house to another-not only rated riorating health, including four deaths
vey were similar to their American the most frequent stressful event just that were blamed on the stress of the
counterparts: well-educated, white, of accusations. Even allowing for the nat
high socio-economic status with an ''Each time we re-member we remake ural decline in general health in this
average age of 63. Over a third were the memory. literally, in terms of age-group, these findings indicate some
born overseas, the majority in Britain. brain processes. Which is why 'faJse the harmful side effects of accusations
Ten percent of the fathers were mem memories,' even if they only got there based on RMT.
bers of the clergy. There was a dispro a few weeks ago courtesy of a psy Actual sexual abuse: The most
portionate representation of 'funda chotherapist, may be just as real to the unexpected and surprising finding in my
mentalist' religions among accused person who has them as are historical survey was the prevalence of known
families-39% compared to 3% of the ly verifiable 'true' memories. sexual abuse experienced by the
total Australian population. As adults, Memories are a way of ordering and accusers earlier in their lives, including
25% of the accusers were conducting making sense of our unique life histo a large percentage during their child
religious activities. These factors may ries." Steven Rose hood. In response to a question regard
not be as noteworthy in the United The Guarrlian, May 23, 1998 ing childhood experiences, 13% of par-
FMS Foundotlon Newsletter September 1998 Vol. 7 No. 7 5
ents reported sexual abuse perpetrated function, to go to work, to study, to
by some other person on their accusing think to smile, to perform. Ross even
child. This level of childhood sexual says that amplifying a simple dissocia
abuse is noteworthy as it was provided tive disorder into a full multiple per
HOAX AND REALITY:
in response to a general questions about sonality disorder might not be a bad
The bizarre world of
stressful family experiences that "may thing because it predicts a better treat
Multiple Personality Disorder
have affected the accusing child." ment outcome. Piper rightly wonders
by August Piper, Jr., M.D.
Thirteen percent appears to be a high why anyone would be surprised about
Notthvale NJ: JasonAronson, 1997
rate of childhood sexual abuse to be an iatrogenic [treatment induced] out
reported when not specifically asked Reviewed by Loren Pankratz, Ph.D. come. The indicators for disaster ahead
about it. Paul McHugh's Foreward to Hoax are clear. He quotes one patient asking
A separate section asked if the
and Reality eloquently explains the her therapist something like, "Don't
respondent knew of any sexual abuse
importance of this book. The concept you think it's odd that all your patients
suffered by the accusing person.
of multiple personality disorder, he want to kill themselves after they're in
Respondents reported that 33% of the
notes, has wielded considerable power therapy with you?"
accusing persons were known to have
over psychotherapists and consumed An attorney recently told me of an
been sexually molested, abused or
the time of courts during the past experience that highlighted the power
raped (by persons other than the par
decade. How could we have wasted so of this book. He was preparing to
ents). While high, this figure may be an
much energy in this Sherlock Holmes depose a psychiatrist known to believe
underestimate of all the abuse that
fantasy in which therapists ferret out in MPD. That belief was of critical
occurred. As a psychologist in the field
sexual abuse hidden behind the illu importance to the opposing side. The
of sexual abuse for many years, I have
sion of repressed memories? attorney prepared himself by compos
observed that many genuine victims of
McHugh is also correct in con ing questions directly from Piper's
sexual abuse often do not confide in
cluding that it must have taken a ftrm book. Although the psychiatrist may
their parents or others. The limited
will to review this current fad. Indeed, have believed in MPD in some abstract
results of this survey indicate that more
Piper has meticulously gathered the way, he endorsed the logic of the attor
than one in five of this sample were
known to have been sexually abused as heart of a vast body of literature in this ney's questions. The leading questions
children by others but not by those they field. The results of his efforts, howev were so seamless, the opposing side
are currently accusing based on their er, are not tedious. This is a delightful could not insert an objection.
recently "recovered memories." book to read, and it is filled with the It is usually depressing to read a
This Australian survey raises more insights of a sensitive psychotherapist. book of this type. In this instance,
questions than it has answered. Several This is not a slash-and-bum book. instead of simply hearing how bad
issues require further investigation. For Piper allows the strongest proponents things are, the reader is lifted by
example, the impact of recovered mem of MPD to present their best case. This Piper's tune of good judgment, the ring
ory allegations on the health of all con allows the reader to gain a strange of truth, and (most important) the clear
cerned, and the possibility that those sense of just how far they have strayed notes of concern for patient welfare.
who have been sexually abused as chil from common sense.
Loren Pankratz., Ph.D. is a Consultation
dren may later be susceptible to recov What do they say about the psy
Psychologist and Clinical Professor at the
ering false memories, especially in rela chological cost of entering therapy?
Oregon Health Sciences University,
tion to the identity of their abuser. It Unanimously, they admit that treat Portland, OR. He is a member of the
would also be of interest to collate and ment often stirs up problems. Kluft FMSF Scientific Advisory Board.
compare all the findings already believes that patients will be more
Editor's Comment: Because of the flood of
amassed by the various surveys con symptomatic once therapy begins
legal actions involving the diagnosis of
ducted in the US, the UK, New Zealand
because symptoms become more com multiple personality disorder (MPD), we
and Australia.
plicated as more time is spent in treat consider it important to remind readers
Merle Elson, MAPS, is a counsellor at Monash ment. Braun says the patient may about this book. (See April, 1997 issue.) It
University and a psychologist in private prac become more dissociative, more anx is a major tool in understanding the con
tice. She is a member oft he AFMA Professional ious, or more depressed during thera troversy about the MPD diagnosis. We also
Advisory Board.
py. Bass and Davis warn that the deci strongly recommend Multiple Identities
Contact Elson Psychological Services. PO Box
and False Memories: A sociocognitive per
212, Black Rock, 3193, Victoria, Australia for sion to enter therapy often wreaks
spective, Nicholas P. Spanos. (American
infonnalion about the full 40-page report. havoc with marriages and intimate
PsychologicaJ Association, 1996)
relationships. It can become hard to
6 FMS Foundation Newsletter September 1998 Vol. 7 No. 7
Controversial Psychiatrist Faces Loss of License
L E G
IIJjnois Department of Professional Regulation v. Braun. No.
1998-10343-01 [3]
The Illinois Department of Professional Regulation
FMSF Staff issued a nine-count complaint outlining how, according to
CRIMINAL INDICTMENTS ATTACK CONTROVERSIAL officials, Chicago psychiatrist Bennett Braun nearly
IDEA OF REPRESSED MEMORY destroyed the lives of a family he treated during the late
1980s. The complaint is the first step in the state agency's
Criminal Trial Against Therapists Begins in Texas
move to strip Dr. Braun of his medical license. It alleges
United States of America v. Peterson. et al., U.S. Dist. Ct.,
gross negligence; dishonorable, unethical and unprofession
Southern Dist., Texas, No. H-97-237. Ill
al conduct; making false or misleading statements; and
Trial is scheduled to begin September 8th in Texas as
improper prescription of controlled substances.
four mental health professionals and a psychiatric hospital
According to Thomas Glasgow, chief of medical prose
administrator face criminal charges that include allegations
cutions for the Department, Braun used irresponsible com
of "implanting" false memories during psychotherapy. The
binations of Halcion, Xanax, sedatives, hypnotic psy
five have been charged with 60 counts of conspiracy to
chotropic drugs, and prescribed lnderal, a blood pressure
defraud insurance companies and mail fraud while operat
drug, at levels "that weren't even animal-tested at the time."
ing a clinic at Spring Shadows Glen Hospital in Texas. They
Glasgow is quoted as saying, "[Braun] misused the course
allegedly reaped millions of dollars in fraudulent insurance of treatment of multiple-personality disorder the way a sur
payments by "implanting" false memories of ritual satanic
geon misuses a knife. .. The problem here is that someone
abuse using what the indictment calls "techniques com with an inordinate amount of trust, who was caring for
monly associated with mind control and brainwashing." extremely fragile and susceptible psychiatric patients, mis
Soon after this indictment was handed down in October used both his prestige and his medical ability."
1997, an unlicensed Missouri hypnotherapist entered a plea Through conferences, videotapes and seminars, Braun,
in a criminal prosecution related to recovered memory treat 58, has helped train many of those now treating multiple
ment she had provided her patient. Together, those two personality disorder around the country.
criminal prosecutions represent a new wave of legal actions A preliminary hearing before a Department of
involving the controversial theory of recovered memories. Professional Regulation administrative judge is scheduled
I. See FMSF Brief Bank #176 and FMSF News/et/er December 1997. for September 28. Braun 's attorney, Harvey Harris, declined
to comment other than to say he believed most of the sen
0
sational press coverage surrounding the case to be false.
Missouri Hypnotherapist Sentenced According to the Chicago Daily Law Bulletin (8/13/98),
State of Missouri v. Geraldine Lamb. Thomas Lipsitz, Circuit Dr. Braun has been sued by five former patients. Four of the
Ct., St. Louis Co., Missouri, No._I'J suits were filed in the last 3 years in Cook County Circuit
On June 26, an unlicensed Missouri hypnotherapist was Court, Illinois and one was filed this year in the U.S.
sentenced to 30 months in state prison following a plea bar District Court in Illinois. While details of the allegations
gain. In April 1998, Geraldine A Lamb had pleaded guilty vary, the suits contend that Braun misdiagnosed his patients
to two counts of insurance fraud and one misdemeanor as having multiple personalities and dredged up false mem
count of practicing psychology without a license. In her ories that included accounts of murder, incest, rape, satanic
plea bargain, the felony charges that included "implanting" worship, human sacrifice or other traumatizing events. Two
false memories were dropped. of the suits have been settled without admission of liability
Two psychologists who practiced in the counseling cen on the part of Braun, while the others are pending. Last
ter Lamb founded, were charged with allowing Lamb to use October, Braun and Rush-Presbyterian paid $10.6 million to
their names on fraudulent bills submitted to insurance com Burgus to settle a civil lawsuit against them. The amount is
panies. Both pleaded guilty to misdemeanors. They were among the highest ever in a false memory case. [41
placed on probation and ordered to make restitution. 3. See FMSF Brief Bank #203 for copy of Complaint. See also C. Grumman,
The indictment, originally handed up in April 1996, Chicago Tribune. 8113198
4. See FMSF Newslener November and December 1997.
described how Lamb used undue influence to convince her
client that she had been ritually abused, that she must cease
"l think by tut4 Jqe, .the professional and:'Iic(lnsee 9i'gani?.a,tlons
all contact with her family, and that she must go on disabil l)ave not been very gQOd' at polic4ng their 0\1/IX: in. thiS field T!tat
ity in order to get well. is one of the primary l""e!l80D.S why the legaf:field .. has entered intO·
2. See FMSF Brief Bank #121 and FMSF Newsier/er June 1996. the fray." Attorney Skip Simpson ·of D8llas
FMS Foundation Newsletter September 1998 Vol. 7 No. 7 7
Wallace portrayed a kidnapping and murder and sometimes
Minnesota Therapist Censured for Mixing Beliefs and
Practice M. Lemer, Star Tribune, (7/14/98) tied Greene up with rope, touched her, kissed her, and held
a toy gun to her head. She was not informed of the hazards
The Minnesota Board of Psychology reprimanded
of such treatment. Instead she was told that while under
Thomas Heyer, a Minnesota psychologist, in part for allow
hypnosis and sodium amytal she had revealed a long histo
ing his belief in "evil spirits" to inappropriately influence
ry of sexual and physical abuse at the hands of numerous
his treatment of patients with multiple personalities. Under
people.
the consent decree, Heyer agreed to stop treating patients
As a result of these methods, Greene was hospitalized
with multiple personalities or dissociative disorders. He is
on numerous occasions and became addicted to the med
also restricted to practicing under the supervision of anoth
ications prescribed for her. Greene was told that she could
er psychologist and must take a course in proper profes
never recover without accusing her relatives and numerous
sional conduct.
other individuals of sexual molestation. As Greene tried to
Heyer admitted to the board that he engaged in "unpro
follow her therapist's demands to remember more incidents
fessional conduct" while treating two patients. He admitted
of abuse, she became more depressed and anxious, which
treating both of them at his home and admitted talking to
ultimately caused her to withdraw from college.
them about satanic ritual abuse, which he believes can
We have been informed that in North Carolina, if the
cause multiple-personality disorders.
jury assigns any portion of the responsibility to the plaintiff
Q
in a malpractice case, they do not have to make any award
Psychiatric Malpractice Trial Ends Two Weeks Early
to the plaintiff.
Greene v. Charter Pines Hospital. Wall ace. limmons. et al.,
S. See FMSF Brief Bank #199.
Superior Court, Mecklenburg, NC, No. 96-CVS-5235 151 Q
On July 5th, a psychiatric malpractice trial involving Settlement Negotiations Underway in Pennsylvania
false memories began in North Carolina. Plaintiff Susan Psychiatric Malpractice Suit Marietti. et al.. v. Kluft.
Greene sued her former treating psychiatrist, psychologist, Dissociative Disorders Program and Institute of the
~nd a ~os~it~l for medical malpractice, intentional and neg Pennsylvania Hospital, Ct. of Common Pleas, Phila. Co., Penn.,
ligent mfhct1on of emotional distress and fraud. Closing No. 9509-02260 16l
arguments were moved forward two weeks to August 17
A psychiatric malpractice trial against Richard K\uft,
after several defense experts failed to appear.
M.D. and the Institute of Pennsylvania Hospital began June
Greene is represented by Robert Dugan of Ashville and
26th in Philadelphia. After two days of testimony in which
~· Christopher Barden of Salt Lake City. Plaintiff's experts
Nancy Marietti described her first weeks of treatment under
mc~ude George Ganaway, M.D., August Piper, Jr., M.D.,
Kluft's care, the judge dismissed the jury, telling them that
Ke1th Horton, M.D., Richard Ofshe, Ph.D., Elizabeth
a settlement had been reached. At the time we went to press,
Loftus, Ph.D., and William Grove, Ph.D.
no announcement as to the details of the settlement had
The defense began its presentations August 4th.
been made by either of the parties.
Witnesses for defendant psychiatrist J.W. Scott WaJlace are
Nancy Marietti is represented by James L. Griffith of
Seymour Halleck, M.D., John Reckless, M.D., and Joseph
Philadelphia and Richard Harrington of San Francisco.
V.:eiss, M.D. Witnesses for defendant psychologist Daphne
6. See Brie_f B_ank #192 and FMSF Newslelter July 1998. The Complaint names
T1mmons include Judith Armstrong, Ph.D., and Tom
Nancy Manetu and her parents as plaintiffs. The July 1998 FMSF Newsletlermis·
Guthiel, M.D. Five announced defense expert witnesses takenly reponed Nan,y's husband as a plaintiff.
failed to appear: Daniel Brown, Ph.D., Doug Jacobs, M.D., Q
John Mclntyre, M. D., Richard Lowenstein, M.D., and John All Defendants Settle in Dlinois Malpractice Suit
Gunderson, M.D. Shanley v. Braun. et al., U.S. Dist. Court, Ill., No. 95 C 6589.
Greene originally sought help from Timmons to deal
In December 1997, a U .S. District Court rejected a
with a~ eating disorder. Timmons reportedly told Greene
motion to dismiss a psychiatric malpractice claim brought
she believed her to be a victim of childhood sexual abuse
by Mary Shanley against her former psychiatrist Bennett
and that she suffered from multiple personalities. Any resis
Braun and 17 other individual and corporate mental health
tance from Greene was la bel ed as part of the illness and was
care providers in the Chicago area.l71
punished with threats of abandonment, endless mental ill
Since then, all parties have amicably resolved their dif
ness, and confinement in a state mental hospital.
ferences and the case has been settled for a confidential
In an attempt to "revive" memories of abuse, the treat
amount.
~ent i~clud~d the use of sodium amytal interviews, hypno
Mary Shanley was represented by Zachary M. Bravos
SIS, gu1ded 1magery, and role-playing exercises in which
8 FMS Foundaflon Newsletter September 1998 Vol. 7 No. 7
of Wheaton Illinois. Mr. Bravos also informed us that the The court also rejected Kohout's fraud claim, which
Illinois Department of Children and Family Services, after would have tolled the running of the statute. The court
a review of the evidence, has voluntarily agreed to remove found no evidence that the defendants knew they had mis
Mary Shanley's name from the state registry of "indicated" diagnosed the plaintiff before the suit or intended to conceal
child abusers. anything that would give Kohout a cause of action.
7. Shanle,y v. Bmuo. et al., 1997 U.S. Dist. LEXTS 20024, Memor.mdum Opinion Kohout's lawyers have filed a petition for certiorari,
~nd Order, docketed Dec. 10. 1997. At the time of the December 1997 decision, seeking to have the case reviewed by the Georgia Supreme
defendants included Benne\1 Brauo, M.D., Dale Giolas. M.D .. Forest Health
Court. Kohout is represented by Christopher Yetka, of
System. Inc .. Forest Hospital. Robcn J. Simaodl, Elaine Shcpp. A.C.S.W. and
D~vid McNeil, M.D. Several defendants including Karen Gcmney, Rush North Minneapolis and by Charles Goetz of Atlanta.
Shore Hospital. Roberta S~chs, Raymond Kozial and Frank Leavitt had previous·
9. See FMSF Brief Bank #201.
ly settled out·of·coun. See also FMSF Newsletter. March 1998 and FMSF Brief
Q
Bank #42 ..
0
New York Court Holds Psychologists Are Subject to
Editor's Note: Two state appellate courts recently considered the Longer Limitations Karasek v. LaJoie. et al., 1998 N.Y.
application of statutes of limitations in therapeutic malpractice LEXIS 1837, July 7, 1998
cases. Earlier decisions in other jurisdictions have recognized the
In a decision interpreting the New York statute of limi
particular difficulties patients receiving so-called Recovered
tations for malpractice cases, a New York Court of Appeals
Memory Therapy may have in understanding their injuries. 181
held that the services provided by mental health profession
8. See, e.g .. Sbilnlcy y Brauo et al., 1997 U.S. Dist. LIDOS 20024. Memorandum
als who do not have medical training are not "medical" ser
Opinion and Order dated Dec. 10, 1997; !.uian y Mansmano. Cl al. 956 F. Supp.
1218 (E.D. Pa., 1997); Lujan v Maosmann. et al. 1997 U.S. Dist. LEXIS 14987. vices prescribed under the New York medical malpractice
statute of limitations. The services fall under the longer
Georgia Appeals Court Stands Firm on Deadline for
three-year statute of limitations for professional malprac
Patients to Accuse Therapists of Inducing False
tice. The court, therefore, denied defense motions to dismiss
Memories Engstrom v. Kohout, Vargas v. Kohout, Cobiella v.
a malpractice claim against a psychologist as time barred.
Kohout, 1998 Ga. App. LEXIS 995, July 15, 1998.191
The plaintiff in this case alleged that her former treating
Georgia Court of Appeals refused to give a psychiatric therapists had negligently misdiagnosed her as having MPD
malpractice claim any extension on the statute of limita
even though she had no prior history of mental illness. She
tions. It rejected plaintiff's argument that the two-year clock claimed that subsequent treatment, including hypnosis,
on her malpractice suit should have started only after she
caused serious emotional harm so that she ceased to func
changed therapists and realized her problem. The decision, tion as a homemaker and artist.
however, does not affect plaintiff Kim Kohout's claim The court recognized that there are similarities in the
against her primary treating therapist, Donna Ulrici. That methods used by psychiatrists and other mental health pro
claim, which was not on appeal, is expected to go to trial.
fessionals but also noted several differences. For example,
In her suit against several therapists and medical insti only psychiatrists can prescribe psychotropic drugs. Non
tutions, Kohout claimed she was brainwashed through hyp physician professionals may or may not have any training in
nosis and suggestive techniques into believing she remem somatic disease. In addition, the court noted, diverse pro
bered sexual and Satanic ritual abuse from her childhood fessionals ranging from psychiatrists to faith healers diag
and suffered from MPD. Her alleged memories grew nose and treat somatic ailments. "Surely, not all diagnostic
increasingly disturbing and bizarre, including animal tor and treatment activities undertaken by this range of practi
ture, being stabbed by her mother and being buried alive in tioners are properly classified as 'medical,"' the court
a coffin. She didn't realize the nature and extent of her wrote. The court concluded that only the element of medical
injuries from the false memories, Kohout alleged, until she training could distinguish among the mental health services
left treatment and began therapy elsewhere in May 1995, six provided by various professionals.
months before the suit was filed. Q
The appellate panel found that the misdiagnosis, not
NEW PSYCHIATRIC MALPRACTICE SUITS FILED
Kohout's later discovery of a proper diagnosis, was the
injury. Furthermore, the court concluded that "plaintiff Illinois: A psychiatric malpractice suit was filed recently
knew the facts of her past" and chose to believe her thera in Cook County Illinois against Bennett Braun, M.D.,
pists' opinion and allow treatment to continue. Though she Roberta Sachs, Ph.D., Rush-Presbyterian St. Luke's
later came to believe their opinion was wrong, both of her Medical Center, and Corydon Hammond, Ph.D. The plain
views, the court said, "were based upon the same knowl tiff, who had been hospitalized continuously for four years,
edge in her possession, but were interpreted in different is represented by Zachary Bravos of Wheaton Illinois and
ways." Todd Smith of Chicago.
FMS Foundation Newsleffet September 1998 Vol. 7 No. 7 9
Oregon: Linton v. Carr and Marrs, Circuit Court, abuse. Stephanie Brigham now says her therapist, Paul
Multnomah Co., Oregon, No. 9807-05115. llOJ In July Pickett had nothing to substantiate the memories he planted.
1998, an Oregon man sued his former treating clinical psy Brigham said she went to Picket in 1992 for treatment
chologist Sophia Carr and social worker Robert Marrs for of anxiety and insomnia. Within two years, she said, Pickett
the misdiagnosis of MPD and the use of suggestive tech rewrote her past. The therapy produced memories that she
niques to "recover'' supposedly repressed memories of trau had been sexually abused by her mother and father. Pickett
matic events. told her she was the victim of a "Manson family" upbring
The Complaint alleges that techniques including hypno ing, Brigham said. Brigham is convinced now those memo
sis, joumaling, dream work, guided imagery, and Eye ries were false.
Movement Desensitization and Reprocessing, caused In the lawsuit, Brigham said she made allegations
Plaintiff to experience the images and feelings associated against her parents at Pickett's urging, and under his threat
with the imagined trauma as if they were real. They also of having her daughter taken away from her. She accuses
caused Plaintiff to simulate muhiple personalities and to Pickett of planting the false memories under hypnosis
become increasingly dependent on Carr. The Complaint because he was bent on making her dependent on him and
states that defendants failed to obtain informed consent, to no one else. She was told she should come to his office daily
consider less pathological diagnoses, or to recognize and for up to seven hours at a time and separate from family and
control the effects of her personal beliefs in treating plain friends as part of an "experiment."
tiff. Stephanie Brigham's parents and her daughter are also
According to the Complaint, Carr believed herself to be plaintiffs in her lawsuit. In addition to therapist Pickett, the
a victim of a Satanic cult and that she herself had MPD. She suit names the agency Pickett works for, Synchronicity
reportedly told her client that this cult created MPD in its Counseling Services, and its director John Carnevale as
victims so that the cult could program them to carry out the defendants.
cult's work without conscious knowledge. In 1998, the
Board of Psychologist Examiners recommended that Carr's Texas: JYo v. Ross Mark H. Iota of Dallas has filed suit
license be revoked for ethical violations in connection with against Colin A. Ross, M.D. on behalf of Martha Ann Tyo.
her work with another patient who was similarly misdiag Details in October.
0
nosed as having multiple personalities and had acquired
false memories of past trauma. THIRD·PARTY SUITS
Plaintiff is represented by J. Michael Dwyer of
Ulinois Supreme Court Bars Father from Suing
Portland.
Therapist in Repressed Memory Case Doe v. McKay,
10. See Brief Bank #200. See also Fultz v. Carr. et al, Circuit Ct. Multnomah Co., 1009 Ill. LEXIS 913, dated June 18, 1998. [Ill
Oregon. No. 9506-04080.
In June 1998, the Illinois Supreme Court affirmed a trial
Pennsylvania: Gray v. Powers. Philhaven Hospital, court's dismissal of a third party claim by a father that his
Lancaster Co. Ct., Pennsylvania, No._. In a Complaint daughter's therapist was guilty of negligence and intention
filed August 14, plaintiff Rose Gray claims that she became al interference with a family relationship. The Complaint
suicidal and severed ties with her husband and family after states that during several counseling sessions attended by
her treating psychiatrist Stephen Powers told her she had plaintiff, his daughter, and defendant psychologist Bobbie
been victimized by the cult as a child. Exorcism, hypnotism,
McKay, McKay told plaintiff that his daughter's memories
and drugs were the prescribed treatments during a decade of of alleged abuse had been repressed until they were
therapy, she said. The Complaint states that "Powers told retrieved during therapy. McKay also suggested that plain
[Mrs. Gray1 that she had recalled, under hypnosis, that she
tiff had repressed his own memories of the abuse and that he
had attended meetings and ceremonies which involved might harm his daughter further. The plaintiff denied that he
killing babies, drinking their blood and eating their hearts,
ever sexually abused his daughter. The Illinois Supreme
and that a sex orgy would take place afterwards."
Court held that the therapist owed a duty to the daughter, but
Plaintiff is represented by Joseph Rizzo of Darby, not to the non~ patient third party. Counts based on plaintiff's
Pennsylvania and Skip Simpson of Dallas.
allegations that he himself was a patient of McKay remain
pending; they were not at issue in the present appeal.
New York: O'Brien, J., The Post-Standard (Syracuse, NY),
The court discussed the basis for a negligence claim: a
3/I 9198 A malpractice suit recently filed in Monroe County, complainant must allege facts that are sufficient to show the
New York, claims that a psychotherapist brainwashed a existence of a duty, and an injury to the plaintiff proximate
patient into believing she was a child victim of sexual
ly caused by the breach. In deciding whether a duty exists in
10 FMS Foundation Newsfeffer September 1998 Vol. 7 No. 7