False Memory Syndrome Foundation Vol 07 No 08 1998 oct

20 Pages·1998·0.92 MB·English

FALSE MEMORY SYNDROME FOUNDATION NEWSLETTER
OCTOBER 1998 Vol. 7 No.8
Dear Friends, provide genuinely informed consent to medical procedures
-these are the lessons the Nuremberg judges wanted to
The criminal trial U.S.A. v Peterson et a! took a fasci
hand down to today's physicians." Just because a doctor
nating turn just as this newsletter was ready for press.
holds a particular belief does not give that doctor the right
Prosecutor Larry Eastepp presented a long list of "unindict
to experiment on patients without telling the patient about
ed eo-conspirators" including Bennett Braun, M.D.,
the risks.
Roberta Sachs, Ph.D., and Corydon Hammond, Ph.D. (See
When looking at this trial, we need to be clear: this trial
Legal Corner or www.fmsfonline.org for background on
is not about criminalizing psychotherapy, it is not about
this trial.) One possible significance of naming "unindicted
criminalizing diagnoses, it is not about doctors who consci
eo-conspirators" is that although they are not accused, they
entiously attempt to treat patients, although defendants may
are considered part of the conspiracy and as such it may
try to deflect the issues in this way. This trial is about fraud.
setve to qualify their statements into evidence. Another is
It is about professionals who are accused of using "mind
that they may have made a deal for immunity.
altering" techniques for their own purpose rather than for
This trial is opening up the full extent of the bizarre and
patients' well-being.
harmful treatments to which vulnerable psychiatric patients
The defendants did not operate in a vacuum and the list
have been subjected. Indeed, the very words treatment and
of unindicted eo-conspirators may be expected to document
therapy ought never be confused with the coercive mind
the wide and public dissemination of their beliefs and prac
manipulation that is being exposed in the testimony.
tices. Many of the professionals in this legal case and in oth
Professional reaction to this prosecution is guarded.
ers reported in this and past newsletters belonged to the
One psychiatrist framed the phenomenon as just one more
International Society for the Study of Multiple Personality
in the hannful mistakes that have been made in medicine,
(ISSMPD), now the International Society for the Study of
such as frontal lobotomies. Most of the professionals with
Dissociation. They presented papers about their beliefs and
whom we have spoken, including those on our Advisory
practices in multiple personality disorder and satanic ritual
Board, expressed extreme discomfort with the fact that this
abuse at seminars and conferences and in journals. They
is a criminal trial. The International Society for the Study of
made training videos. They honored each other. (See PBS
Dissociation issued a press release soon after the indictment
Frontline documentary by Ofra Bike!, "Search for Satan"
expressing the fear that this trial will set a precedent that
that aired on October 24, 1995.)[1] They held themselves
would allow people to criminalize a diagnosis with which
out as experts.
they disagreed. Several professionals have stated that it does
Mary Shanley is a former patient at Spring Shadows
not seem right to bring a criminal charge against people who
Glen whose testimony figures in the Peterson et al trial.
seem truly to believe in what they did. One psychologist
Judith Peterson, Bennett Braun, Roberta Sachs and Corydon
mentioned that the defendants and the professional organi
Hammond were all involved in some way with her treat-
zations that allowed these practices to reign unchecked are
morally criminal, but he is not sure if they should be con- ,---------:--::-:-:-----------,
sidered legally criminal. In this Issue ...
Others, whose families have been destroyed, who have
see th · h'ld d . b f But it's In the DSM-IV. .......................................................3
n etrfc 1 ren-pro ucttve mem ers o society---end Tyro/er ................................................................................4
up on we 1are to pay for their MPD/SRA therapy, see the Legal Corner ................................................................... .?
trial in another light. They adhere to August Piper's words in Make a Difference ..........._ .. ........................................... 13
the March 1998 issue, "Avoiding improper experiments on From Our Readers. ......................................................... 14
patients, and scrupulously attempting to ensure that patients Bulletin Board ................................................................ 18
340 l Market Street. Suite l 30, Philadelphia. PA l 9 l 04-33 15. [phone], Fax [phone]
ment. Following is what Mary said on Frontline:
We are very pleased to report that Alien Feld is now
Mary S.: They told me that I had already been pro recovering.at home from the serious accident he suf-
grammed that if I divulged the secrets from the cult that I fered on June 7 when hit by a car while bicycling.
would self-destruct and that my programming had just been
Allen is a prolific contributor to this newsletter. He is
turned on at age 39.
D.in:itor of Continuing Education for the Foundation, a
Interviewer: How did they know that?
position he has held since retirement as a professor of
Mary S: Because they were the experts. They-they were social work.
experts. They said, 'We've been studying this for 15 years.
Alleti and Toby Feld thank the many pf:ople-w~o have
We've done research.' You know, 'We've-we've- this phe
sent messages and cards.
nomenon is happening all over the world. We're the- we're
the experts. We've written books. We've- we give lectures.
People come to our hospital - other doctors come to our
Fund Drive Alert
hospital and are trained by us because we are the experts.'
"Search for Satan," Frontline, October 24, 1995 .·
Charles Cavii!ess and Lee Arning are n~w working
Where were the professional organizations when this on Qle Fou·ndati6p.'s finanCial needs- to ·be·
was going on? Where are they now?
addressed in our annual fall fund drive. Please
keep your eye out for their letter due in October
aDd· remember -how vital your committnent is to
the continuance of our important wo:~
Please Let Go of the Defensiveness
When my son first accused me of sexual abuse I thought I
special thanks
would die. It seemed inconceivable that the world would
We extend a very special "Thank you" to all of the people
carry on around me, unheeding, while I carried the burden
who help prepare the FMSF Newsletter. Editorial Support:
of this intense pain. And what of my son's pain? With the
Toby Feld, Alien Feld, Janet Fetkewicz, Howard Fishman,
help of his psychiatrist he rewrote his entire childhood. All
Peter Freyd. Research: Michele Gregg, Anita Lipton.
the love, support, respect and fun have been coated in a
Not__i~f;s_ __ qiJ4. Pmduc;rjgn_: .Ric Powell. (~ol~!':lnists: Katie
sinister gloss. Adverse but entirely normal childhood Spanuello and members of the FMSF Scientifi:c Advisory-··
experiences have been redefined as malicious, unhealthy, '-:B:o=ar=d. =Le=tter=s a=nd= in=fon=na=tio=n:= O=ur= Re=ad=ers=. ====:-:'
evil events. The successful, talented, confident child and l
young man has been transformed, Kafka-like, into a "vie- 1
tim." Interesting Observations
Please, psychiatrists, counsellors, therapists-try to let go "By the mid-1980s the idea was to sometimes liposuc
of the defensiveness which prevents an honest look at the tion people's memories out of their brains. It was a bad
evidence of the creation of false memories of sexual idea, bad therapy and I don't recommend it."
abuse. John Briere, Ph.D., New Zealand Herald, September 9, 1998
Excerpt from letter in The lndependem
"You can create mental illness with very seductive adver-
April 19, 19987
1 tising"
I
American Psychiatric Association Waiter Afield, M.D., Chief executive officer of Mental Health
Steven Mirin, M.D., Executive Director Programs in Tampa Florida, U.S. Journal, April, 1990
1400 K Street NW,
Washington, DC 20005 "Admissions to private treatment centers fell in 1989 for
the first time, an indication that the field may be facing a
American Psychological Association
difficult decade. According to the National Association of
Raymond Fowler, Ph.D., Chief Executive Officer
, Addiction Treatment Providers, some metropolitan-area
750 lstSt.NE,
centers reported that census plummeted by as much as 50
Washington, DC 20002
percent, adding to an ongoing problem of keeping beds
National Association of Social Workers
filled in recent years."
Josephine Nieves, Ph.D., Executive Director
March, 1990
750 I st St NE,
U.S. Journal of Drug and Alcohol Dependence 14 (3)
Washington, DC 20002
Where have all the clients gone? by Stephen Rothman
2 FMS Foundation News/effer October 1998 Vol. 7 No. 8
BUT IT'~ IN 'I liE /J.\'M-/F have occurred during early child BUT IT'S IN THE D.". M-IV
hood." (page 480)
qwt I l I M.'>r St.1t'l' \p.lll :;)
3. The DSM-IV notes that Dissociative
Court documents show that one
amnesia cannot be distinguished from A Lesson from History
argument continues to be raised:
Malingering: (feigning symptoms for
"The witch-craze of the 16th and
"repression" and multiple personality external gain)
17th centuries made clear that valida
disorder must be real because
"There are no tests or set of proce tion means something much more
"Dissociative Amnesia" is in the
dures that invariably distinguish than proposing ways-even consis
Diagnostic and Statistical Manual-/V
Dissociative Amnesia from tent ways~to make the diagnosis
(DSM-IV) published by the American
Malingering ... " (page 480) even of something that does not exist.
Psychiatric Association. There are, That is, the witch hunters received
4. The DSM-IV states that there is a
however, seven points--either state explicit and operational ways of iden
need for external corroboration:
ments in the book or in the description tifying witches. They taught each
of its construction-that provide evi "There is currently no method for other and wrote their procedures in a
dence that this argument cannot be establishing with certainty the accura large and influential book. This book,
supported. cy of such retrieved memories in the emitled Malleus Maleficarum or the
absence of corroborative evidence." Hammer of Witches, spelled out in
I. The DSM-IV urges caution: The (page 481) exquisite detail the kinds of behaviors
Diagnostic and Statistical Manual was that characterize the witch and identi
5. The DSM-IV was published in
not written for use in forensic settings. fy the evidence on her body of con
1993. Many significant clinical and
gress with devils, incubi and succubi.
"When the DSM-IV categories, cri
research articles have since been pub The Malleus had as its epigraph:
teria, and textual descriptions are
lished: Haeresis est maxima opera ma/efi
employed for forensic purposes, there
carum non creders (to disbelieve in
are significant risks that diagnostic "New knowledge generated by
witchcraft is the greatest of heresies).
infonnation will be misused or misun research or clinical experience will
derstood. These dangers arise because undoubtedly lead to an increased "What was learned from this that
of the imperfect fit between the ques understanding of the disorders includ might illuminate practices with
tions of ultimate concern to the law ed in DSM-IV, to the identification of repressed memories? The fact that
and the information contained in a new disorders, and to the removal of there is a manual telling how to recog
clinical diagnosis." (page XXIII) some disorders in future classifica nize the manifestations of repressed
tions. The text and criteria sets includ memories does not confirm them. It is
2. The DSM-IV mentions that there is
ed in the DSM-IV will require recon an exercise in creating a consistent
considerable controversy: The DSM
sideration in light of evolving new approach to the diagnosis amongst
IV states that there is no consensus on infonnation." (page XXIII) therapists~a uniformity of diagnostic
the issue. practice-and does not validate the
6.The DSM-IV was developed by
presumed abusive experience ...
"In recent years in the United committee. not from scientific evi
States, there has been an increase in dence: "The issue for repressed memories
reported cases of Dissociative is validation~and validation in every
Amnesia that involves previously for "It must be noted that DSM-IV case when it appears ... To treat for
reflects a consensus about the classifi
gotten early childhood traumas. This repressed memories without any
cation and diagnosis of mental disor
increase has been subject to very dif effort at external validation is mal
ferent interpretations. Some believe ders derived at the time of its initial practice pure and simple; malpractice
that the greater awareness of the diag publication." (page XXIII) on the basis of standards of care that
nosis among mental health profes ?.The DSM-IV will continue to have developed out of the history of
sionals has resulted in the identifica include some diagnoses based more on psychiatric service--as with witch
tion of cases that were previously es-and malpractice because a misdi
current social interests than on scien
undiagnosed. In contrast, others rection of therapy will injure the
tifically derived and validated princi
believe that the syndrome has been patient and the family.
Ilk& Several books discuss this issue,
overdiagnosed in individuals who are
including, They Say You 're Crazy by Paul McHugh, M.D. Chief of Psychiatry,
highly suggestible." (page 479)
Paula Caplan and The Selling of DSM: Johns Hopkins Hospital
"There has been considerable con The Rhetoric of Science in Psychiatry Paper presented at Memory and Reality
troversy concerning amnesia related Conference, April 1993
by Stuart A Kirk and Herb Kutchins.
to reported physical or sexual abuse,
particularly when abuse is alleged to Q Q
FMS Foundaflon News/effer October 1998 Vol. 7 No. 8 3
clinical reports are sufficient to consid Emotional memories
BUT IT'S IN I HL J).\'M-1\'
er MPD a valid diagnostic category, Kristiansen, C., May, 1996, paper pre
1p.111 \J 11v1S1· St.1ll
sented at "Beyond the Controversy"
but we should have learned from the
Professional Skepticism of Multiple conference in Peterborough, Ontario.
witchcraft trials of the Middle Ages
Personality Disorder
that this is not sufficient evidence. Excavated memories - Kihlstrom,
Cormier, J.D. and Thelan, M.H.
Finally, even with all the method J.F. (1996) in Pezdek and Banks
Professional Psychology: Research and
ological issues raised, the results of (Eds.) The recovered memory-false
Practice, 1998, Vol29, No 2, 163-167.
memory debate.
this study indicate that more than half,
The authors in 1994 randomly
54%, of the participants expressed at Exhumed memories - Believed to
selected l ,000 doctoral level clinicians
least some skepticism about MPD. be first used in 1993 by P.
from members of the American TO BE CONTINUED Butterweiser in his review of
Psychological Association and mailed MacLean's Once Upon a Time.
them a cover letter, questionnaire, and PINNINC .IELL-0 'I 0 Till' \V.\1.1.
Fragmented memories
a self-addressed stamped envelope. !\wl 1 ly1ok1 <~mll'.micl;l l1cyd Kristiansen, C., May, 1996, paper pre
They received 425 responses (43%)
sented at "Beyond the Controversy"
and no follow-up mailing was report "Because exactly what is meant by the conference in Peterborough, Ontario.
terms repression and dissociation is far
ed. Participants were presented with
from clear, their use has become idiosyn Hypnotically-refreshed memories
criteria for MPD as defined in the
cratic, metaphoric, and arbitrary." FMSF - Frequently used by recovered
DSM-IV and then answered 16 ques
Scientific and Professional Advisory Board. memory therapy proponents to convey
tions on a five-point scale that reflect
5117198 the false message that hypnosis
ed their beliefs about MPD, their skep increases the accuracy of memories.
Once upon a time, there was for
ticism, and their familiarity with the
getting and there was remembering. Memory work - Euphemism for
MPD literature. The authors concluded
Events were forgotten and later recovered memory therapy
that the majority of psychologists
recalled, or they disappeared from Recovered memory-The first ref
believed MPD to be a valid but rare
memory for good. In the 80s, a new erence to this term as a synonym for
clinical diagnosis. They note that
mental process was postulated: repressed memory that we found was
"clinicians should not hesitate to
repression and recovery of very trau in the Chicago Tribune, November 10,
assess dissociative symptomatology
matic events. While in the good old 1990. " .. the validity of a recovered
out of concern that it might be
memory, the crux of the state's case."
days, everybody understood what for
feigned." (p. 166)
getting and remembering meant, a lot Recovered memory experience
There are a number of concerns
of confusion still exists around the Lindsay, FMSF Newsletter April,
raised by this report. Most significant
concept of "repression" and "recov 1997.
is the 43% response rate. The authors
ery." To make matters worse, a slew of Regained memory - Orlando
do not mention that such a low rate
additional new terms emerged. Below Sentinel Tribune, April 14, \991, B.
introduces the problem of selection
is a sampling of terms, old and new: Stew art.
bias: people who are passionate about
MPD may have been more likely to Body memories - A term made Reinstated memories - Used by
return the questionnaire than those popular by Bessel van der Kolk postu Shimamura, 1997, in Read and
lating that although the mind may not Lindsay (Eds.), Recollection of
who are not interested in the topic.
have a memory of an event, "the body Trauma.
Another concern pertains to the
keeps the score." Harvard Review of
content of the cover letter that was Re-remembered memories-~
Psychiatry, 1994,253-265.
mailed to participants along with the Mail, June 3, 1993.
questionnaire. Did it disguise any Delayed memories - Harvey and Revived repressed memory - LRP
Herman, 1994, Consciousness and
bias? Was it personally signed? Publications, Vol. 5. No 4 The
Cognition, 3, 295-306.
This is relevant because the Testifying Expert, April 1997. -
authors reveal their bias when they Decades delayed disclosures -
Sensory memories - Kristiansen,
state that "the onset of MPD is often Champion, December 1991,
C., May, 1996, paper presented at
"Decade delayed disclosure of memo
related to extreme abuse that is perpe "Beyond the Comroversy" conference
ries of years gone by."
trated on females by male caretak in Peterborough, Ontario.
ers."(p.l66) There is no scientific evi Discovered memories - Schooler
Traumatic memories - A term
dence that this assertion is valid. The J. W., 1997, in Read and Lindsay
popularized by Charles Whitfield in
authors also assume that "numerous, (Eds.), Reco!lection of Trauma.
Memory and Abuse, 1993.
nationwide, and consistent" ( p.l63)
4 FMS Foundaflon Newsletter October 1998 Vol. 7 No. 8
Psychogenic amnesia - A term
so of therapy, one of the alternate per
used in the DSM-III to refer to mem
sonalities announces this as fact. It is
ory loss due to psychological reasons.
never explained why this should be
Dissociative amnesia - A term believed unlike all the other things that
TELL ME YOUR DREAMS
used in the DSM IV to replace "psy personaJity announces.) We are told
by Sidney Sheldon
chogenic amnesia."
that ''The most famous case of multiple
Reviewer: FMSF Staff
False forgetling - A term defined personality disorder was Bridey
Sidney Sheldon has sold more than
as the inability to recall what actually Murphy, That's what first brought the
occurred, in Ryle, A., 1998, British 275 million novels worldwide and the subject to the public's attention. Since
Journal of Psychiatry 173. Guinness Book of Records lists him as then, there have been an endless num
the "Most Translated Author in the
Massive repression-According to ber of cases, but none as spectacular or
World." Among his awards are an
Webster in Why Freud Was Wrong, p as well publicized." (pl50.) Bridey
519, this term was first used by Judith Oscar, a Tony and an Edgar. Murphy was a famous past-life case in
Herman in a speech made to the It is a pity that in Sheldon's latest the mid 50s that was certainly a case of
American Psychiatric Association in novel, "Tell Me Your Dreams" (with a
dissociation but no one other than
1985. million-copy first printing, Morrow,
Sheldon has ever claimed it is an MPD
$26) he would have the reader believe
Robust repression -IntrOduced by case. (See Donald S. Cannery's
Ofshe & Singer, October 1994, that different personalities can inhabit account in the FMSF Newsletter, Nov
International Journal of Clinical and the same body. Indeed, he has his chief 3, 1993. The San Francisco Examiner
Experimental Hypnosis. (fictional) MPD expert say just that: "It
referred to Bridey Murphy as "an early
is a condition where there are several
Semi-repressed memories - May and impressive example of false mem
I, 1998, The Irish Times. "The exam completely different personalities in ory syndrome." See the FMSF
ple given is an extreme of very bad one body." (pl49) Newsletter, Sept l, 1995.)
practice, and would not conform to The book makes the case that the Tell Me Your Dreams is a bad
the methods of most psychotherapists, personalities are so completely differ
novel. To quote Publishers Weekly:
who would tread very carefully ent that one of the personalities can be
"Despite gory crime scene depictions,
around memory, whether recalled,
a serial murderer while the others
the old master, uncharacteristically, has
semi-repressed or fully repressed."
remain perfectly innocent. The plot
left out the suspense and the layers of
Traumatic amnesia - An often centers around the incompetence of a
feeling .... A prefatory sentence says the
misused term. It refers to amnesia young lawyer in his attempt to con
novel is based on real cases. Maybe so,
caused by physical trauma such as vince a judge and jury that MPD is real
but one wishes that the authentic details
head injury.
and that his client is one ofthe innocent
had been told with genuine passion."
Some of these tenns are well personalities (it is never explained why Before closing we must note one
established ways to discuss concepts the serial murderer is not equally his delightful feature of the book. On page
not clearly defined. Others are amus client). He fails miserably in this task 191 the hero-lawyer (yes, for all his
ing and attest to the inventiveness of but a deus ex machina appears in the incompetence, he's the protagonist of
the author. By employing the tenn fonn of a 16mm film he has made of the book) selects the jurors according
"memory" many of these labels may his client transforming into the murder to their gullibility for the paranormal.
be semantically misleading. They mis er. (It is never explained why he didn't In order to choose jurors likely to
takenly imply that the existence of an use video tape.) The judge instantly believe in MPD, he rejects one who
actual event has been verified as the becomes a true believer in MPD. Even says "You mean that UFO stuff? I don't
object of memory. Such tenns when though the jury had found the client believe in all that nonsense." He
used as clever semantic ploys in seri guilty, the judge effectively declares accepts the next candidate because he
ous scientific debate are like pinning her innocent. (It is never explained how watches The "X-files," "Sabrina The
Jell-0 to the wall. They just won't the judge exonerates the personality Teenage Witch," and reads only Anne
stick. that actually committed the murders.) Rice and Stephen King. Then he rejects
Apparently if you're Sidney
one who watches, "Sixty Minutes, the
Sheldon your publisher can't do much
News Hour with Jim Lehrer, documen
in the way of editing. Hence none of
taries" and reads, "Mainly history and
Sheldon's brilliant experts on MPD
"Minds are like parachutes. They only political books." Sidney Sheldon cer
suspect that the murderer's father
function when they are open." tainly does know one thing: how to
L Attributed to lames DeWar abused her as a child. (After a year or choose those likely to believe in MPD.
_______ j
FMS Foundation Newsleffer October 1998 Vol. 7 No. 8 5
* * * * me like that." Although she got back techniques these letters represent and
Additional commellt: Sidney on track eventually, this one contact they can also learn a "complementary
Sheldon recommends some books at sidetracked the therapy for several method of handling environmental
months. Worse, the alters who knew
the end of his novel and at the top of toxins using "resonance tuning."
the truth were so enraged at her, they
the list is a 6-by-4-inch pamphlet by The meaning of some of these
started cutting [self-mutilating] on her
David Calof entitled "Multiple terms?
regularly for several weeks.
Personality and Dissociation,"
TIR "Traumatic Incident
(Parkside Publishing, 1993). It's a fas Who is David Calof? He claims
Reduction) "although it has been
cinating document. Just one example: that the Foundation picks on him. characterized as one of the ·power
to answer to the question "Why do you Three years ago we wrote that he had Therapies', it is not an approach that
encourage your clients to cut off from no known credentials. He objected to directly addresses the bio-energetic
their families early on?" Calof replies: that and asked us to list his credentials field."
as an RMHC (Registered Mental
Because you can't fight the family EFf (Emotional Freedom
Health Counselor) in the State of
hypnosis. I can give you anecdote Technique) " is a streamlined and
after anecdote about this. I remember Washington, a Visiting Faculty widely adaptable energy field method
one woman in her late thirties. She Member of the San Francisco Family based on principles of meridian tap
had worked with me for five or six Institute, and a Senior Consultant, ping, left-right brain balancing and
years. She had agreed to distance her Psychology Training Center, Seattle ·psychological reversal."'
self frorri her abusive parents, which Mental Health Institute. (No, he does
BSFF (Be Set Free Fast) We read
had given her an operating field to not hold a degree, not even a bache that the leader of this group will also
explore her traumatic past. She was lors.) demonstrate his 'Precision Diagnosis'
finally beginning to accept the reality
What are the credentials? Chuck techniques for muscle testing with
of the horrendous, tortuous, child
Noah, also of Seattle, is a retired con clients or as a surrogate, plus a highly
abuse she had endured. One day she
struction worker who recently applied efficient method for instilling new
came to her session and said she had
programming into the subconscious
for and received an RMHC credential.
decided to confront her parents. "I'm mind."
Like the other 13,000 people who have
going to go confront my folks about
Sponsors are approved to grant
this. I think I'm ready to do that. I been given RMHC credentials by the
continuing education credit by the
want them to know I know." I told her State of Washington, it cost him
American Psychological Association.
I didn't think she was ready and asked $78.50 and he was required to take a 4-
her to consider putting if off for a few hour AIDS course. As for the San
CE Update: In the last issue we
months at least. 1 though she was Francisco Family Institute, repeated
wrote about a seminar given by intu
being overly optimistic about it. She
attempts to verify the credential suc
said she would think about it. That itive Caroline Myss for which APA
ceeded only in reaching an answering
night, she went to her parents' apart approved credits were available. Ms.
machine that said "Your call can not be
ment for dinner without telling me. Myss, you may be interested to learn,
answered at this time. Please try again
The following week she started her has received "Oprah approval."
later. Good by." And the Seattle
next session saying, "David, you Oprah devoted a whole program to
know that abuse stuff you've been Mental Health Institute reported that
her in September.
talking about?" I said, "Yes." She Mr. Calof had not been connected with
said, "Why do you keep talking to me them "for many years." On the Oprah web site we read:
about stuff like that? My parents are "Caroline is not a gifted physician,
0
wondelful, they could never have hurt but a medical intuitive who uses only
CONTINUING EDUCATION WATCH a patient's name and age ... to diag-
Repressell)leniories in Media
nose with 93% accuracy."
A brochure for a September con-
Iouched"b~,an-A.nget: "On one ~a-
far as ference in Oregon sponsored by the
sion,-thi:Caftgel Monica goes so
Transformation Training Network and MlddiegroW.der
to help--a ·YOling Woman recover a
repressed -memory of abuse at the the Traumatic Incident Reduction S~ptic: The emperor has no clothes.
hands of her father. •'There's a cycle Association crossed our desk last Believer: The emperor has beautiful
of abuse in this house:' the angel month. The title of one session seemed new clothes.
sighs. "It's been in this house for apt: "Generous serving of alphabet Middlegrounder: The emperor has
years. ·Now. tell ni.e about the clos.- soup: EMDR, TIR, TFf, EFf, NLP, no clothes but he is wearfug underM
et. ..." . BSFF, TAT, HBLU, ETC." In this ses- wear. .. -,··. . '
¥.0:,
sion participants can learn about the .H arotd Metskey, July, 1998
Ruth Shalit, -The New Republic, ?120198
6 FMS Foundofion Newsletter October 1998 Vol. 7 No. 8
--
Hmwan Chrr:mide. "5 mental health workers allegedly planted tales of torture to
L E G seam insurance money," (9/9/98) and "Insurance documents fill opening testi·
mony: Five on trial in 'recovered memories' ca.~e." (9/10/98). See also FMSF
Brief Bank # 176 and FMSF Newsletter December 1997. Or. for the latest trial
developments, check the website: hllp://www.fmsfonllne-org
FMSF Staff 2 Spring Shadows Glen is now under differem ownership and is called
Memorial Spring Shadows Glen. The hospital's dissociative disorders
Criminal Trial Against Therapists Begins in Texas
unit was closed in March 1993 after state investigators cited the unit for
United States of America v. Peterson. et al., U.S. Dist. Ct., excessive use of physical restraints on patients, and, in one case, making
Southern Dist., Texas. No. a patient's discharge contingent upon safety from a "satanic cult."
H~97-23711J
Approximately 50 specialized facilities similar to the one at Spring
The nation's first criminal trial arising from allegations Shadows Glen existed during the early 1990s, providing care for patients
that psychotherapists implanted false memories in patients with MPD. That number has dwindled to fewer than 25 during the last
began September 9 in the court of U.S. District Judge few ye!ll1i. 0
Ewing Werlein, Jr. During the trial, which is expected to last
Courts Find Repressed Memory Testimony
about two months, testimony will be presented that five for
Inadmissible
mer workers of Spring Shadows Glen Hospita1121 in Houston
collected fraudulent insurance payments by convincing This month we report two more trial courts that ruled
patients that they had been abused in satanic rituals. following evidentiary hearings that the notion of repressed
A 60-count indictment accuses the defendants of using memory is not generally accepted as reliable or valid with
hypnosis, drugs, isolation, and unnecessary restraints while in the scientific community. Significantly, these and a grow
convincing patients that their mental illness resulted from ing number of similar rulings come after a trial judge has
abuse earlier in their lives. The defendants are also accused
of threatening other hospital employees' jobs in order to Trial court rulings bave followed evidentiary hearings:
coerce them to create or change medical records. These
• Barrett v. Hyldburg, Superior Ct., Buncombe Co., NC, No.
charges are linked to charges that the defendants attempted
94-CVS-793, oral decision May 20, 1998 following Barrett v.
to bilk insurance companies for the treatment of patients
Hyldburg, 1997 WL 43876 (N.C., 1997).
diagnosed with MPD and other ailments stemming from
• CW,son v. Humenansk;y. 2nd Dist, Rainsey Co., Mmo., No.
"memories'' the therapists themselves implanted. On trial
CX-93-726.0, Dec. 29, 1995. - -.,.
are psychologist Judith Peterson, psychiatrists Richard
Seward and Gloria Keraga, therapist Sylvia Davis, and for • Doe v. Maskell, Circuit Ct., Baltimore City, MD, No.
mer hospital administrator George Jerry Mueck. 9423601/CL18756, May 5, 1995, aff'd Doe v. Maskell, 679
During his opening statement to jurors, Assistant U.S. A.2d 1087 (Md., 1996), cert denied 117 S.Ct. 770 (1997).
Attorney Larry Eastepp played a tape of the screams of one • Engstrom y. Engstrom. Superior Ct, Los Angeles Co., Calif.,
of the defendants' teenaged patients. Prosecutor Eastepp No. VC016157, Oct 11, 1995, aff'd Engstrom v. Engstrom.
said the recording was made during therapy and figured in No. 8098146 (Cal.App.2ndApp. Dist, June 18, 1997) unpub
a conspiracy to contrive or exaggerate diagnoses of multi lished.
ple personality disorder (MPD) in patients with large or • Logerquist v. Danforth, Superior Ct., Maricopa Co., Arizona,
unlimited insurance policies. ''The wails and screams had No. CV 92-16309, June 11, 1998 following Logerquist v.
nothing to do with the patients' health, but about these Danforth, 932 P.2d 281 (Ariz.App., 1996).
defendants' wealth," Eastepp said.
• Mensch y. Pollard. Superior Ct., Whatcom Co., Washington,
Prosecutors maintain the defendants practiced white
No. 93~2~01427-5, oral decision dated Sept. 9, 1998.
collar theft in the guise of psychotherapy. They presented
• Sbahzade v. Gregmy U.S. Dist. Ct, Massachusetts, No. 92-
evidence that one of the defendants used cashier's checks
12139-EFH.
made out to the insurance company to pay a few hundred
dollars in premiums after their patients' insurance coverage • State of New Hampshire v. Hungerford, 1995 WL 378571
was to be discontinued. This allowed the hospital to contin (N.H.Super., May 23, 1995), aff'd State y. Hungerford, 1997
WL 358620 (N.H., 1997). .
ue treating the patients for several months more and collect
additional insurance payments. • State of New Hampshire v. Waiters. Superior Ct.,
In opening statements for the defense, attorneys said Hillsborough, New Hampshire, No. 93-S-2111, -2112 reversed
their clients provided appropriate psychiatric care for the by State of New Hampshire v. Waiters, 1997 WL 937024
symptoms they had diagnosed. They contend the trial is an (N.H .. 1997).
attempt by federal prosecutors to criminalize diagnoses The trial decisions, filings, and transcripts of expert testimony
they disagree with. presented during evidentiary hearings for most of these cases
I This report is taken from two aniclcs by Mark Smith which appeared in the are available from the FMSF.
FMS Foundation Newsleffer October 1998 Vol. 7 No. 8 7
carefully reviewed extensive expert testimony, research opinion of plaintiffs' expert John Yuille, the court conclud
studies, and published articles presented from both parties ed that Statement Validity Analysis (SVA) "is not generally
on the subject of the reliability of repressed memory. In accepted within the relevant scientific community as being
each of these cases, the trial judge, following a motion to a valid method by which an expert could be entitled to ren
exclude repressed memory evidence, took on the role of der an opinion as to the credibility of a witness." In fact, the
gatekeeper. That is, the judge may "close the door" to testi court noted, "plaintiffs' expert has previously testified that
mony based on unreliable scientific theory or techniques the subject of SVA is not scientifically valid or accepted
which might mislead a jury if it were heard in court. The within the relevant scientific community." The court there
trial judge has this authority based primarily on two U.S. fore ordered that plaintiffs not be permitted to utilize expert
Supreme Court decisions: Frye and Daubert. testimony on the subject of SVA.
Once a trial judge rules that the theory of repressed The ruling is intended to exclude only opinions by
memory is unreliable or that it has not been accepted by the experts that a restored repressed memory is valid, that the
scientific community, the judge may rule that any testimo methods of recovering memory are valid, and that SVA is a
ny derived from that unreliable foundation cannot itself be valid method to determine the credibility of a lay witness.
reliable enough to be admitted at trial. If no other evidence As mentioned above, the court held that the lay testimony
of wrongdoing is presented, the suit may then be dismissed. based on repressed memories was unreliable as a matter of
0 Jaw. However, the court stopped short of ordering the lay
testimony excluded. The court's reluctance to exclude the
Washington Court Finds Expert Repressed Memory
lay testimony seemed to be based on several considera
Testimony Inadmissible
tions: whether the plaintiff recovered memories of sexual
Mensch v. Pollard, Superior Ct., Whatcom Co., Washington, No.
abuse as part of therapy sessions (and therefore could be
93-2-01427-5, oral decision dated Sept. 9, 1998.131
excluded following State v. Hungerford) or under hypnotic
Following a Fryel41 evidentiary hearing, a Washington
like techniques (and therefore could be excluded under
trial court recently held that neither "the subject of disso
State v. Martin, 684 P.2d 651 (1984)). While the court held
ciative amnesia or similar phenomena," nor "the methods
that the repressed memory basis of the lay testimony was
by which memories are recovered" is generally accepted
unreliable, the court was also concerned that a ruling
within the scientific community. Therefore, the court found
excluding the lay testimony would be, in effect, a ruling on
t;ll.pert testimony in support of the validity of recovered
credibility. Whether a lay witness is credible (i.e., believ
memories is not to be permitted at trial. The court did not
able) is generally a matter for a jury to determine.
preclude testimony from the lay witness based on her
A petition for reconsideration to the trial court or a cer
"repressed memories." However, the court did hold that if a
tified question to the Washington Supreme Court may be
trial court were found to have the authority under
submitted on the limited issue of whether the lay witness
Washington law to serve as gatekeeper for the lay testimo
can testify and specifically on whether the trial judge has
ny as well, that the repressed memory testimony of that lay
the authority to preclude the lay witness from testifying
witness is also judged to be inadmissible.
under these circumstances. Defendant is represented by
The court noted the "great debate" within the relevant
Sverre Staurset of Tacoma, Washington.
scientific community as to the reliability of a related mem
3 See FMSF Brief Bank lt207 for ruling.
ory following a claim of amnesia. The court interpreted
4 Erye y 1/njted States. 293 F.2d 1013 (D.C. Cir 1923). The purpose of a~ evi
expert testimony at the hearing 151 as agreeing that it is gen
dentiary hearing is to determine whether the scientific principles advanced and
erally accepted that there are cases where individuals can used as a basis for trial testimony are generally acccpio!d in the relevant scientific
suffer from what has been termed dissociative amnesia. community. The court found that the relevant ~cientific community in this case is
""the field of psychology dealing in the subspecialty of memory."
However, the court noted that the facts of this case involved
5 Testimony was heard from Elizabeth Loftus. Ph.D. and Rex Frank, Ph.D. for the
a "much more extensive claim of amnesia." Plaintiffs claim
defcnsc and from John Yuille, Ph.D. for the plaintiff.
numerous and repeated events over a course of many years
"There is no accep.tance Within 'the a.PPlicabie scientific
and claim that each and every event was eliminated from
community that there is any JnetllOd _or technique avail
their memory only to be restored at a later time. It was this
able to permit an expert opinion on whether or not the
concept, the court found, that was not accepted within the
related ev:ent is the product of a. true and accurate mem
relevant scientific community.
ory, a firmly held belief by the relater that .the event is
In addition, the court found that there is no reliable
true but in fact false, or whether .the relate4 event is false
method or technique available to permit an expert opinion
and know-n by the relate~· to be·-false - that is• . -a con
on "whether or not the related event is the product of a true
scious lie."
and accurate memory." It is of note that after hearing the
Ruling foUowing ~hearing, Mensch v. Po1lard.
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8 FMS Foundation Newsletter October 1998 Vol. 7 No. 8
North Carolina Trial Court Holds Repressed Memory defense immediately objected to her testimony under
Testimony Inadmissible Daubert. specifically on the grounds that any evidence of
Barrett v. Hyldburg, Superior Ct., Buncombe Co., North repressed memory is scientifically unreliable and has not
Carolina, No. 94-CVS-793, oral decision dated May 20, 1998. gained general acceptance in the relevant scientific commu
nity. The court then granted a motion for directed verdict in
In May 1998, North Carolina Superior Court Judge
the defendant's favor.
Stanford L. Steelman, Jr. granted a defense motion to
Defense attorneys are John C. Cloninger and Robert
exclude evidence regarding plaintiff's alleged "repressed
Riddle of Asheville, North Carolina.
memories" of sexual abuse. In an oral ruling (a written
order is expected soon), the court found that while the the 7 This ruling followed the standards for review set forth by the U.S. Supreme
ory of repressed memory is subject to being tested, and has Coun in Daubert v, McrreJI Dow PhgnnaceU!jcals, Inc., 113 S.Ct. 2786 (1993).
Under this ruling, the trial judge is to act as a gatekeeper to ensure that scientific
in fact been tested, there have been no conclusive scientifi
theories tllat are not valid or reliable are not presented to juries,
cally valid studies to support the theory,l71 In addition, the
8 Barren y, Hyldburc. 1997 WL 434876 (N.C., 1997)
court concluded that there is no general acceptance in the Q
relevant scientific community on the theory.
Ontario Health Professions Board Orders Repressed
Prior to making its ruling and prior to impaneling the
Memory Therapy Complaint be Reinvestigated
jury, the court heard testimony from Dr. Charles Whittield
Review of Complaint against Elizabeth A. Galloway. M. D.,
and Dr. John Alexander Bodkin. It concluded after hearing
Health Professions Board, Ontario, File No. 4659. 191
this testimony and reviewing several published articles, rel
evant portions of the DSM-IV, and statements of various In August 1998, the Ontario Health Professions Board
organizations, that "there is currently no method for estab ordered the College of Physicians and Surgeons of Ontario
lishing with certainty the accuracy of retrieved memories in (the College) to conduct additional investigation into a com
the absence of corroborative evidence." The court noted plaint filed by the parents of a patient of physician Elizabeth
that even Dr. Whitfield testified that the only available cor Galloway. The Complaint, originally filed in 1996, stated
roboration for such retrieved memories is "internal." that Dr. Galloway violated several principles of the
Therefore, the court concluded, even if retrieved memories Canadian Medical Association when she misdiagnosed her
exist, without verification they are not valid in a court of patient on the basis of supposed "recovered memories" of
law. sexual and physical abuse. That misdiagnosis, the
This case was filed early in 1994 by a 45-year-old Complaint continued, led to improper treatment and to
woman who claimed she first recovered memories of early severe deterioration of the health of the Complainants'
childhood incidents approximately 40 years after they daughter, so that their daughter became depressed and sui
allegedly occurred. In 1996, Superior Court Judge Ronald cidal. In issuing its decision, the Board voiced its concern
Bogie granted defendant's motion in limine to exclude all that, given the patient's attempt at suicide, her life may be
evidence regarding plaintiff's alleged "repressed memories" at risk because of the psychiatric treatment.
of sexual abuse. On appeal, in August 1997, a North The Ontario Board found the investigation by the
Carolina Court of AppealslSI affirmed the portion of the trial College to be an inadequate response to the Complaint. The
court's ruling that held that plaintiff's testimony regarding Board acknowledged that "there is some tension between
recovered memories of abuse may not be received at trial the need to protect the confidentiality of patient informa
absent accompanying expert testimony on the phenomenon tion, and the protection of the public in a self-regulating
of memory repression. The court explained, quoting from environment." However, the Board emphasized that it is
State v. Huncerford, "The very concept of a 'repressed necessary "to ensure that confidentiality is not used as a
memory' ... transcends human experience ... To argue that a mechanism to shield inappropriate conduct from legitimate
jury could consider such a phenomenon, evaluate it and investigations."
draw conclusions as to its accuracy or credibility, without Specifically, the Board found the College had not
the aid of expert testimony, is disingenuous to say the least." attempted to contact the patient to request information
The Court of Appeals remanded the case to the trial court regarding the substance of the complaint. Nor did the
for further proceedings and a final judgment before the College consider any of the documents produced by the
Court of Appeals would reconsider the issue. Complainants or contact family members for information
Therefore, immediately following the Superior Court's relevant to the complaint. The College was ordered to
most recent ruling regarding the lack of reliability of the reopen its investigation and rectify these earlier deficien
theory of repression, the jury was brought into the court cies.
room for approximately 20 minutes. They heard the plain
9 Sec FMSF Brier Bank 11208.
tiff state her name but heard no other testimony. The
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FMS Foundation NewsleHer October 1998 Vol. 7 No. 8 9
Washington State Psychiatric Malpractice Suit Settles his patient because he believed cult members had pro
Avis v. Laughlin, Superior Ct., King Co., Washington, No. 97-2- grammed evil into her. When the patient wanted to termi
02813-3 KNTJlOJ nate therapy, Laughlin told her that she would be in great
Robin Avis, a fanner patient of physician's assistant danger if she did so. Subsequent therapy by other health
John Laughlin, recently settled her malpractice suit against care providers, the State noted, cast doubts on Laughlin's
Laughlin under confidential tenns. The fanner patient had treatment and the reliability of the information obtained
sued Laughlin for altering her memories and coercing her from the patient by means of hypnosis.
into believing she was the lifelong victim of an "intergener On June 30, the State ordered and Laughlin agreed to a
ational satanic cult" that had physically and sexually abused seven-year suspension ofLaughlin's certification to practice
her. The plaintiff was represented by attorney Michael counseling in the State of Washington. However, the sus
Bolasina of Seattle and attorney/psychologist R. pension is stayed provided Laughlin pays a fine, practices
Christopher Barden of Salt Lake City. under the supervision of an approved licensed mental health
Court records showed that defendant Laughlin had professional, completes required continuing education
attended a study group in the area of "traumatology" con courses, practices within the conditions of his current
ducted by David Calof. In a deposition on 2/2/98, Dr. Medical Quality Assurance Commission practice plan, and
Barden asked about Calof's writings and communication does not utilize clinical hypnosis in his practice.
regarding the use of hypnosis and treatment and diagnosis Laughlin had previously been investigated by the
of supposed MPD and ritual abuse. At that time, Calof stat Washington State Department of Health Medical Quality
ed that any information concerning satanic cult abuse of Assurance Commission. In December 1997, that
children which he conveyed to the study group was based on Commission suspended Laughlin's license to practice for 8
information given him by police jurisdictions or anecdotal years. That suspension was also stayed.
reports (T.30); however, Calof acknowledged that he was Laughlin has settled two malpractice claims related to
not aware of any criminal cases in the Pacific Northwest in the development of false memories. One of those suits is
which anyone had ever been convicted of satanic cult abuse. reported in this newsletter.
(T.l7) Calof also testified that he had not read any research
ll See FMSF Brief Bunk #142 and FMSF Newsleuer March 1998.
in which investigators tried to ascertain whether allegations
Q
of satanic cult abuse could be corroborated. Nor had he seen
any reports from any national commissions or associations Federal Court Rules Nu Immunity for Prosecutors'
on child abuse and neglect as to whether allegations of Actions
satanic cult mistreatment appear to be accurate or not. Rjchards v. City of New York, 97 Civ. 7990 MBM (U.S. Dist.,
(T.lOS-109). Calof also admitted that he had never received 9/3/98)
a graduate or medical degree of any kind and, in fact, his
A woman who claims that several Brooklyn assistant
highest degree of academic training was a high school
district attorneys helped coerce her young daughters into
diploma. (T.29).
falsely stating that they had seen her kill a man living in the
10 See press release from R. Christopher Barden, 9114/98. See also, FMSF family's apartment can proceed with a civil rights suit
Newsletter, Dec. 1997 and Barker, K. "Lawsuit claims false memories," The
against the prosecutors, a federal judge has ruled. In
Spokesman-Review (Spokane, WA) ll/2197.
September, a District Court judge held that eight of the nine
Q
prosecutors sued were not entitled to either absolute or qual
Second License Suspension of Washington State
ified immunity for their actions.
Counselor for Unprofessional Conduct
The civil rights claim against the prosecutors was
In the Matter of John W. Laughlin, State of Washington,
brought by a woman who had been tried for murder. She
Department of Health, Counsel or Programs, Docket No. 98-0 ].
was exonerated when it came to light at trial that her 4 and
8-1026MH,Illl
5-year-old daughters had not seen someone killed by their
In January 1998, the Washington State Counselor
mother and that their earlier false statements allegedly had
Programs (the State) charged John Laughlin with violation
been prompted by detectives.
of Washington Codes governing professional conduct. While conceding that prosecutors have an absolute
Following an investigation, the State found that Laughlin
immunity with regard to functions ''intimately associated"
inappropriately used hypnosis on a patient he believed had
with the judicial phase of criminal proceedings, the judge
a history of sexual abuse and satanic ritual abuse involve
found that prosecutors "do not have absolute immunity for
ment; spent a great deal of time in therapy sessions attempt
every action taken in their official capacity." When a prose
ing to break through what he described as "victim denial''
cutor "performs functions normally associated with a police
by the patient: and even offered to perform an exorcism on
investigation" such as assisting in the investigation of a
10 FMS Foundation Newsrettsr October 1998 Vol. 7 No. 8
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