False Memory Syndrome Foundation Vol 10 No 03 2001 mayjune

16 Pages·2001·0.73 MB·English

F A l S E MEMORY SYNDROME F 0 UN D ATION NEWSLETTER
' ·. I MAY/JUNE 2001 Vol. 10 No3
Dear Friends, and patient have invoked "confidentiality_" By their silence,
professional organizations have condoned a practice that led
In a landmark decision, a Wisconsin jury awarded $5.08
to the destroying of families and reputations. Professional
million to Del ores and Thomas Sawyer on March 16, 200 l
organizations have not protected the public, and they have
for the pain and suffering they sustained as a result of false
not ensured that therapy is safe and effective. The mental
memories of sexual abuse that developed when their daugh~
health profession may have reason for alarm: the $5 million
ter was in therapy. (See p. 5) The Sawyers were never
award to the Sawyers is an indication of how the public perw
patients of the therapists who were sued.
ceives the harm done to falsely accused parents when the
For a cause of action for negligence to be successful,
facts can be brought to light.
there must be a legal duty of care; if the law does not rec
In April another blow to the mental health industry's
ognize a duty between the defendant and the plaintiff, the
reputation came as a Colorado jury watched a 70wminute
plaintiff lacks standing to sue. It is the issue of duty that has
"rebirthing" therapy session during which Candace
limited the number of cases brought by parents against the
Newmaker died -the ultimate "snuff' film. Bill Johnson of
therapists they believe harmed their children and them
the Rocky Mountain Newsfll wrote: "It was the worst thing I
selves. Until now, the best known thirdwparty recovered
have witnessed in 24 years in this business. My heart is
memory suit was the Ramona case in California in 1994.
breaking. and I am having trouble keeping it together."
(See FMSF newsletter June 1994 and July 1994.) Gary
"Please. stop pushing down on me. Please, help me!"
Ramona received a jury award for lost wages but not for
"Please, quit!"
emotional distress.
"Please! Please! Please!"
A crucial decision for the Sawyers came in 1998 when
the Wisconsin Court of Appeals decided that mental health According to published reports, Candace's pleas were
professionals had a duty to ensure that harm was not caused made as therapists Connell Watkins and Julie Ponder lay on
to third parties "when some harm was foreseeable." That top of pillows and a blanket covering Candace (I 0 years old
decision was affinned by the Wisconsin Supreme Court in and 70 pounds). Candace's stepwmother had brought her to
1999 and provided the grounds for the lawsuit to proceed. these therapists for "rebirthing," a treatment that the thera
pists claimed would cure her attachment disorder. In the
"The hann the Sawyers have alleged are the ordinal)· and days before the rebirthing session in which Candace died,
predictable injuries one might expect following negligent she was subjected to "holding therapies." There is no scienw
therapy which implants and reinforces false memories of tific evidence that holding therapies are effective. We have
sexual abuse at the hands off amily members which results written about harm from holding therapies in past newsletw
in accusations of that abuse." Wisconsin Supreme Court ters.l21 There is no scientific evidence that rebirthing is
effective. Testifying for the prosecution, attorney and psy
Over the past few years, some mental health profes chologist Christopher Barden said, "It's easily the most
sionals have expressed great anxiety about the impact of In lhlslssue. •.
third-party suits on the practice of therapy. At the same time,
Roedfger ..........................................................................3
they have done little to stop dangerous therapies. By their
Legal Comer .................................................................... 5
silence, professional organizations have effectively conw Fe/d. ................................................................................... B
doned the practice of therapist and patient accusing people Kane .................................................................................. 9
of criminal activity who are outside the therapy dyad and of From Our Readers. ......................................................... 10
then refusing to meet with the accused. When parents have Bulletin Board ................................................................ 14
tried to defend themselves and get infonnation, therapist
The next Issue will be cOmbined Jufy/August
1955 Locust Street. Philadelphia, PA 19103-5766,215-940-1040, Fax [phone]. www.FMSFonllne.org
3 Survey 2001 Update
reckless and abusive treatment of a child I've ever seen."l 1
From the tape: We thank all of you who returned your surveys so
"I'm going to die!" promptly. Many of you added comments that are very help
"I want to die!" ful. Trying to capture on a survey situations as diverse and
"You want to die?" one of the women asks the girl.
fluid as those that exist in FMS families obviously loses
"Yes,"
much, so we appreciate the comments. Even a question that
"For real'?"
"Yes." seems straightforward such as how contact was attempted
"Go ahead and die." turns out to be one that changed over time. For example,
To date, no professional organization or legislature has many families began by sending letters and cards and then
cared enough about protecting the public to insist that ther stopped when contact was forbidden. Some waited a period
apies be safe and effective and based in science. If they had, and resumed their efforts while others lost contact.
Candace might be alive today. (There is legislation working As we write this column, we have already entered the
its way through the Colorado legislature that would prohib data for about 400 surveys and some things have made an
it therapies that restrain.) Indeed, some professionals are impression-even before we do any actual counting. The
actively opposed to the very minimum protection for the demographics do not appear to have changed significantly.
public: "informed consent."/4/ (See Feld p. 8) Candace's The vast majority of accusers are Caucasian, college edu
step-mother testified that she thought the rebirthing treat cated women who made their accusations in the early 1990s
ment was standard and did not know the therapists had lim when they were between 25 and 45. The people who are pri
ited experience with it. How was she supposed to have marily accused are mostly fathers. There appears to be a big
found out? Where are the professional organizations? increase in the number of "returners" compared to the last
Watkins and Ponder are on trial for "reckless child survey, something we expected would be the case. We will
abuse resulting in death." The Sawyers received $5 million. be glad when all the data are entered and we can crunch
How many more trials will it take before professional orga some numbers. We expect to have some results to share in
nizations or legislatures take action to protect the public by the summer newsletter.
ensuring that therapy be safe and effective. We are intrigued by an observation one of us made and
invite your comment. In past surveys, several families with
whom we are familiar counted siblings who went along and
I. Johnson, B. '"Rebirthing a.scene of profound hol!(lr, R<Jd<y Moumuin Ne•m·,
416101 supported the accuser as accusers also. In intervening years,
2. See FMSF Newsletter 5(1) Jan. 1996: lulyiAug 2000 letters from those families described the return of support
3. Kohler, J. ''Prosecutors wrap up in therapy death case" Rocky Moull/ain News
ing siblings. In the current survey, these families no longer
4113104
4. Fink, P. '"The attack on psychotherapy" Cinicaf Psyclliatry News, Nov. 1998: list those siblings as accusers or returners or retractors. They
FMSF Newsle11er Jan!Feb 1999. are listed as siblings who supported the accuser. What do
0 you think is going on?
Memory Research News 0
In this issue we report on several interesting memory
studies. Anderson and Green claim that the results of their
One Size Fits All
directed forgetting study "support a suppression mechanism
that pushes unwanted memories out of awareness, as posit "What every mental health care professional who prac
ed by Freud." Because this is a big claim and because the tices here does know is that nearly every admission to the
article appeared in the prestigious journal Nature, we asked inpatient wards, every intake of a new patient to the cl in~
memory researcher Henry Roediger Ill to comment. (p. 3) ics, every patient who comes for psychotherapy has been
It is interesting, however, that another directed~forget­ a victim, witness or perpetrator of abuse."
ting study by McNally, Clancy and Schacter appears to have Cynthia Geppert, M.D., M.A. "The Unified Theory of
quite different results. They found that people reporting Psychiatric Phenomena" Psychiatric Times, March 200 I p. 26
either repressed or recovered memories of childhood sexual
abuse did not show superior ability to forget trauma-related special thanks
We extend a very special "Thank you" to all of the people
words. The authors note that reports of repressed and recov
who help prepare the FMSF Newsletter. Editorial Support:
ered memories of childhood sexual abuse imply a developed
Toby Feld, Alien Feld, Janet Fetkewicz. Howard Fishman,
skill for dissociating or forgetting disturbing memories.
Peter Freyd. Columnists: August Piper, Jr. and Members of
Such ability was not found. the FMSF Scientific Advisory Board. Lelfers and informa
tion: Our Readers.
0
2 FMS Foundation Newsleffet MAY/JUNE 2001 Vol. 10 No. 3
Suppressing Unwanted Memories inhibition was seen after 8 attempts to matic event and fail in their attempts to
by Executive Control suppress the information, and when it stop thinking about it. The develop
Anderson, M.C. & Green, C. was obtained, the inhibition/repression ment of intrusive flashback memories
Nature vol. 410, March 15,2001
was not at all complete. Even with 16 often reported by those people with
Thirty-two college students were attempts to suppress the material, peo post-traumatic stress disorders may
trained on 40 unrelated word pairs (for ple still recalled the information about occur because of the attempt to sup
example, ordeal-roach) so that they 75% of the time, which hardly quali press these memories, which backfires
could recall the right-hand member of fies as the "banishment of the ideas and makes them "too retrievable." The
each pair when provided with the left from mind" that repression is some relation between these flashback phe
hand member. They were then asked to times thought to reflect. Most of the nomena, which are well established
exert executive control (for example, material was still easily retrievable by and any possible repression (which
voluntary suppression) over the Anderson and Greens' subjects, even would essentially be the opposite
retrieval process. On each trial, ··a cue after their 16 attempts at suppression. mechanism at work) remains to be
from one of the pairs appeared on the However, the inhibition they did find is developed. However, for many PTSD
computer screen. Depending on the still notable. patients, flashbacks and intrusive
cue, subjects were told either to recall Because this is a first study, it will memories of the trauma often seem
be interesting to see if it can be repli much more prevalent responses than
and say (think about) the associated
cated independently by other investi any hypothetical 'repression' of the
response word (respond pairs), or not
gators and extended to materials events.
to think about the response (suppres
sion pairs)." Results showed that the beyond pairs of words. Other Roediger. H.L. & Crowder, R.G. (1972). Instructed
researchers over the years have forgetting: Rehearsal control or retrieval inhibition
amount of forgetting increased with
(repression)? Cogni1ive Psychology, 2. 244--254.
attempted to make the analogy
the number of attempts to exclude the
Wegner, D. (1994). Ironic processes of mental con
between directed forgetting and repres
unwanted memory from awareness. trol. Psychological Rel'iew. 101. 34-92.
The authors note that their results sion, most notably Weiner in the 1960s Weiner. B. (1968). Motivated forgetting and the study
(e.g., Weiner, 1968; Weiner & Reed, of repression. Journal of Personality, 36, 213-234.
"imply that a process exists that
1969). They claimed to find a repres Weiner, B. & Reed, H. ( l%9). Effects of instruction
impairs the retention of memories
al sets to remember and to forget on shon-tenn reten
sion-like effect using a directed forget
when they are deliberately kept out of tion: Studies of rehearsal control and retrieval inhibi
ting paradigm, but later research by tion (repression). lmmwl of E.tperimenrul
consciousness." They also claim that
P.•ychology. 79. 226-232.
Roediger and Crowder ( 1972) showed
their findings "support a suppression
that a simpler interpretation of their Henry Roediger Ill, PhD. is James S.
mechanism that pushes unwanted
Mcdonnell Distinguished University
findings (in terms of differential
memories out of awareness, as posited
Professor and Chairman of the Psychology
rehearsal of material) was more proba
by Freud."
Department at Washington University in
ble than the explanation in terms of
We asked memory researcher and St. Louis. He is a leading expert in memo
repression.
ry and is a member of the FMSF Scientific
FMSF advisor Henry Roediger. ill to
Although this publication by
Advisory Board.
comment on this study.
Anderson and Green is interesting, it 0
Comments on Anderson Study will take considerable future research
Directed Forgetting of Trauma Cues
Henry Roediger Ill to determine if this outcome supports
in Adults Reporting Repressed or
the concept of repression. Research
The article by Anderson and Green
Recovered Memories of Childhood
with more naturally occurring
is an interesting attempt to shore up
Sexual Abuse
thoughts by Daniel Wegner and his
one of Freud's key concepts over 100
McNally, R., Clancy, S. . & Schacter, D
colleagues shows that trying to sup
years after he proposed it. Jnurnal nfA hnrmnal Psychology
press thoughts often creates a
Experimental evidence for repression 2001, 110 (I) 1-6.
boomerang effect and makes them
has been almost totally lacking.
highly retrievable (e.g., Wegner, 1994). The authors note that reports of
Therefore, the report is a welcome
This outcome may also explain some repressed and recovered memories of
examination on how attempts to sup
childhood sexual abuse imply a devel
phenomena associated with retrieval
press thoughts affect memory.
of traumatic memories. oped skill for dissociating or forgetting
Although interesting, the effects
Following severe traumas, such as disturbing memories. To test this
reported in the paper are quite modest
the Oklahoma City bombing, many hypothesis, 13 women who reported
in size (a 5-10% reduction in recall
victims report that they become believing they had repressed memories
after many attempts to suppress the
obsessed with memories of the trau- of childhood abuse but could not recall
information). In some experiments no
FMS Foundation NewSletter MAY/JUNE 2001 Vol. 10 No. 3 3
it, 13 women who reported having who have never forgotten their abuse tions of child abuse and neglect. A fed
recovered memories of CSA and 15 were indistinguishable from those who eral judge has concluded that child
women who denied having been were never abused, whereas those who abuse and neglect investigations by the
abused in childhood were asked to believe they harbor repressed memo Illinois Department of Children and
remember or to forget words shown on ries of CSA were the most distressed. Family Services are unconstitutional.
a computer screen. Words were trau (2) Recovered memory partici U.S. District Judge Rebecca Pallmeyer
ma-related (e.g .• incest, abused), posi pants scored higher on fantasy prone concluded DCFS investigations are
tive (e.g., elation, cheerful), and neutral ness than did those reporting either one-sided, decided on little evidence
(e.g., banister, stairs). continuous memories or no abuse his and unfairly blacklist professionals
The results provided no support for tory. accused of wrongdoing.
the hypothesis that people reporting (3) The dissociation data were The judge has issued a preliminary
either repressed or recovered memories equally consistent with both the false injunction giving DCFS 60 days to
of childhood abuse have a special tal memory and recovered memory per improve. The case was the result of a
ent for forgetting words related to trau spectives. Having a history of CSA, class-action lawsuit over the DCFS
ma. All groups recalled the words they however, is not invariably linked to practices.
were instructed to remember more heightened dissociation. Three quarters of the cases in
often than the words they were 0 which child-care employees had been
instructed to forget. accused by DCFS of abuse or neglect
Children's Eyewitness Reports
were ultimately exonerated on appeal.
0 After Exposure to Misinformation
"Something is seriously and obviously
From Parents
Personality Profiles, Dissociation,
flawed in a system" in which so many
Poole, D.A. & Lindsay, D.S.
and Absorption in Women
cases are reversed on review,
1 of Experimental Psychology: Applied
Reporting Repressed, Recovered, or
March 2001 Vol 7, No I, 27-50 Pallmeyer said.
Continuous Memories of
(Available: The decision is available at:
Childhood Sexual Abuse
www.apa.org/journals/xap/xap7127 .html ) www.ilnd.uscourts.gov/JUDGE/Pallm
McNally, R.J., Clancy, S.A., Schacter,
eyer/REP_ OPIN/dupuy.pdf
D.L. & Pitman, R.K. Children (3 to 8 years old) partici
J. of Consulting and Clinical P.1yclwlogy pated in science demonstrations, lis 0
2000 68 (6), 1033-1037 tened to their parents read a story that Elizabeth Loftus to Receive
described experienced and nonexperi William James Award
Tests designed to measure such
enced events, and later discussed the
features as fantasy proneness, dissocia The American Psychological
science experience in two follow-up
tion, PTSD and depression were given Society awards the William lames
interviews. Many children described
to ( 1) women who believed they had Award to scholars whose research has
fictitious events in response to open
been sexually abused as children, but produced major advances. It will pre
ended prompts, and there were no age
who had no explicit autobiographical sent this award in June at its annual
differences in suggestibility. With
memory of it (repressed memory meeting to Elizabeth Loftus, whose
direct questioning accuracy dropped
group, N=25); (2) women who report work has helped show that memories
for younger children Older children but
ed having recovered memories of CSA are not neatly or always accurately
not younger children retracted many of
after periods of being unable to stored in the brain in the manner that
their false reports after receiving
remember any abuse (recovered mem people once believed they were. She
source-monitoring instructions. The
ory group, N=28); (3) women report has demonstrated that memories can be
authors note that the results indicate
ing histories of CSA that they had influenced, enhanced and distorted and
that judgments about the accuracy of
always remembered (continuous mem that false memories can be created.
children's testimony must consider the
ory group, N=15); and (4) women Loftus, a founding member of the
possibility of exposure to misinforma
reporting no history of CSA (compari FMSF Scientific Advisory Board, is
tion prior to fonnal interviews.
son group, N=24). "Most participants one of the world's leading experts on
in the continuous memory group men 0 the malleability of human memory and
tioned an informant who could corrob Judge Orders Reform in Dlinois eyewitness testimony.
orate their abuse history." This was not Child Services Investigations March 29. 2001 Univc11>ity of Washington web puge
the case with the other groups.
The Illinois Department of
The authors found: (I) In measures
Children and Family Services (DCFS)
"Dental Tips for Survivors"
of distress (PTSD, depression) women
has been ordered to revamp investiga- www.sidran.org/dental.html
4 FMS Foundaffon Newsleffer MAY/JUNE 2001 Vol. 10 No. 3
person needn't have been a patient in order to sue, nor must
L E G
the third party be related to the accuser.
Experts for the Sawyers were Steven J. Lyon, Ph.D.,
.CORNER
Richard Ofshe, Ph.D., John Cannell, M.D. and Herzl Spiro,
FMSF Staff M.D.
Attorneys for the defense were Phillip Cole and Thomas
Wisconsin Accused Parents Awarded $5 Million:
Jacobson of Lommen, Nelson, Cote & Stageberg in
Sawyer v. Midelfor!, 595 N.W.2d 423 (Wisc.l999)
Minneapolis.
On March 16, 2001, after a three~week trial and 10 Thomas Gutheil, M.D. was the defense expert. Dr. H.
hours of deliberations, a jury in Eau Claire, Wisconsin Berit Midelfort was insured by the Midwest Medical
awarded Thomas and Delores Sawyer more than $5 million. Insurance Company, but Celia Lausted had no insurance.
The Sawyers had been accused of sexual and physical abuse
Background:
in 1985 by their daughter, Nancy, who died more than six
In 1982, schoolteacher Nancy Sawyer moved to Eau
years ago. The jury decided that Nancy had been abused not
Claire and in 1983 she sought counseling from a pastor at
by her parents but by two therapists, Celia Lausted and Dr.
her church, but in June she transferred to another counselor,
H. Berit Midelfort, who they found responsile for Nancy
Anne Frantz-Cook, who had recently received her masters
Sawyer's false memories.
degree in social work. Frantz-Cook counseled Nancy for
The Sawyers (who are in their seventies) were repre
one year during which time Nancy first came to believe that
sented by Bill and Pam Smoler of Madison, Wisconsin. The
she had recovered memories of being abused.
Smolers have successfully tried several false memory cases,
During this time Nancy went to the Bolton Refuge
most notably the case of former patient Nadean Cool against
Shelter where she met defendant Celia Lausted. Nancy
her psychiatrist that settled for $2.4 million in 1997.
began a relationship with Lausted that no one has clearly
The Sawyers' daughter Nancy had severed all contact
characterized. (e.g., Nancy regularly went to Lausted's
with them when she made her accusations. Smoler said,
home for some time before therapy was officially started.)
'This was just a heartbreaking case ... In this case, you have
Between 1984 and 1987, Nancy also saw psychiatrist
a daughter you love who suddenly is accusing you of the
Kathryn Bemmann, M.D. who gave her medications. Nancy
worst thing imaginable. By the time she died, she had
was introduced to Bemmann by Lausted who had met
accused her father, her brother, her brother's friend, her
Bemmann on the Wisconsin Governor's Commission on the
mother, her grandfather, an uncle, an aunt, two cousins and
Status of Women.
three pastors. Everybody was accused." Smoler n.o~ed ~hat In 1985, Nancy had a confrontation with her parents in
the significance of this case is that it will give families Sim
Bemmann's office with Celia Lausted present. Thereafter
ilarly affected a way to "fight back."
Nancy changed her last name to "Anneatra" and hid fro~
The Sawyers sued Midelfort and Lausted in 1996 for
her parents. Nancy sued her parents in 1988, but the sult
negligent diagnosis and treatment causing their daughter to
never got past the initial stages and remains in limbo today.
develop false memories of sexual abuse by her father and In 1987, Nancy became a patient of defendant H. Berit
other family members. After Nancy's death in 1995, her
Midelfort, M.D. During treatment with Midelfort, Nancy
mother was appointed administrator of the estate and she
was diagnosed as having Multiple Personality Disorder
obtained copies of Nancy's treatment records. Upon read~ng (now called Dissociative Identity Disorder). Ultimately,
the notes, Mrs. Sawyer discovered the role of the therapists
Nancy came to believe she had over lOO personalities.
in Nancy's alleged recovery of false memories. The case
The question arises as to why the defendants in this case
was dismissed on summary judgment by the trial court. In
were limited to Lausted and Midelfort, especially since the
1998 The Wisconsin Court of Appeals considered two
·•memories" started when Nancy was seeing Frantz-Cook.
issues: whether the Sawyers' claims were time-barred; and
The defense claimed that Lausted and Midelfort could not
whether a11owing recovery for psychological harm due to
have caused the problems since the memories preceded
negligence would put too great a burden on the the~apist.~ 11
them.
The appeals court revived the suit. In 1999, the Wtsconsm
Under Wisconsin law, therapists are required to keep
Supreme Court held that all of the third-party claims were
records for only seven years. Hence neither Benmann nor
properly stated and none should have been dismissed.l21T he
Frantz-Cook had any records of their treatment of Nancy.
court emphasized that the parents could sue their daughter's
Moveover, most of their work predated the wealth of litera
therapist for injuries caused directly by the false allegations,
ture that showed recovered memory to be flawed. Although
but not for the "loss of society and companionship" of their
Lausted had few records from her counseling with Nancy,
daughter. Under Wisconsin law, the court held, the accused
attorney Smoler was able to reconstruct much of what had
FMS FoundaHon News/effer MAY/JUNE 2001 Vol. 10 No. 3 5
gone on from infonnation in Celia Lausted's master's thesis. "[A]n accused parent should have the right to reasonably
When she began counseling Nancy, Lausted had a BA in
expect that a detennination of sexual abuse, 'touching him
home economics and was just starting a program for a mas or her as profoundly as it will, will be carefully made."'
ters in guidance and counse!ing. She received her degree in Wisconsin Supreme Court, Sawyer v. Midelfort citing
December 1988. Lausted's thesis was about her four years
Hungerford v. Jones and Caryl S. v. Child and Adolescent
of counseling Nancy. Celia Lausted also attended seminars
Treatment.
on Multiple Personality Disorder at Rush Presbyterian
u
Hospital in Chicago. The Rush Presbyterian program was
headed by Bennett Braun, M.D. who was investigated by Where Do Courts Stand on Recovered Memory?
the Illinois Department of Professional Regulation and who
Last month we reported that Piper, Pope and
turned in his license in 1999 as part of a plea agreement with
Borowieckilll had documented serious mistatements made
the departmentJ3J
by Brown, Scheflin and Whitfield.l21 This month we reprint
Bemmann and Frantz-Cook made some revealing com
Piper et al.'s response to the Brown, Scheflin and Whitfield
ments that ultimately helped the prosecution. In 1993, Celia
statement that most courts have found recovered memory
Lausted applied for her certification. As part of her applica
testimony admissable. Piper et al. wrote:
tion, she inducted a letter of recommendation allegedly
from psychiatrist Bemmann. The letter contained much "One of 1he most inaccurate implications made by Brown
praise for Lausted's methods and for her treatment of and colleagues is that courts have generally favored the con
Nancy's MPD. When Bemmann was shown this letter in cep!S of ''repressed" memory and "recovered" memory. For
preparation for the trial, Bemmann said that she (Bemmann) example, the authors say that "if a nose count were to be
never treated Nancy for MPD, and that she had concerns taken, the majority of appellate courts that have addressed the
issue have correctly decided to admit expert testimony on
about that diagnosis.
repressed memory." (p. 124) No reference is given in
When Frantz-Cook testified, she stated that in the early
"Current Evidence" to support this statement. In the next sen
1980s she believed it was appropriate to search for memo
tence, the authors cite Shahzade v. Gregory from 1996 but fail
ries. She noted, however, that she stopped this practice by
to note that this was merely a district court-not appellate
the end of the '80s. She said that anyone who had kept up
court-case. "Although some appellate courts have rejected
with the literature would have known that memory excava repressed-memory testimony," Brown and colleagues state,
tion was not appropriate therapeutic practice by that time. "the better view is that followed by most courts, !hat such tes
The trial itself contained many dramatic moments. timony is admissible." (p. 124) The reference given for this
Perhaps one of the most memorable was during the cross latter statement lists only four cases."
examination of Harvard University psychiatrist Thomas I. Piper, Jr., A., Pope. Jr. . H.G. and Borowiecki Ill. "Custer's last stand: Brown.
Schefiin, ~nd Whilfleld's !ales\ auempt to s.alvage .. dissocialive amnesia" Joumaf
Gutheil, M. D., the defense expert for Midelfort. Gutheil had
of PsycMutry & Law 28/Summer 2000. 149-213.
argued that psychiatrist Midelfort was just the medical 2. Brown, Scheflin and Whitfield. "Recovered memories: The curreru weight of
back-up with a small supportive psychotherapy role and was !he evidence in science and in the courts," Joumuf of Psychiatry & La"; 27
(1999). 5-156.
not actually providing therapy for Nancy and therefore not
responsible. Smoler, however, reminded Gutheil about what Table 2 from Piper, Pope and Borowiecki
he had written on the proper role of a psychiatrist when col
laborating with a therapist. Gutheil's well-known public APPELLATE-LEVEL DECISIONS 1995 TO THE PRE
statement is, "If you sign, the case is thine." SENT INVOLVING THE VALIDITY OF REPRESSED/
RECOVERED MEMORY
Wisconsin is a comparative-negligence state. The cur
rent rule is that only the defendant found to be 51% or more Cases addresing the validity of
responsible for the negligence bears the full cost of the judg repressedlrecovrered memory
ment. In the Sawyer case, Midelfort was fuund responsible as a basis for tolling the
for 80% of the negligence and Lausted responsible for 20%. statute of limitations.
The defense has 90 days in which to bring motions after Cases "For" (court appeared to accept the validity of
verdict.
repressed/recovered memories---or at least did not explicit·
l. See FMSF Newsletter 7 (4) May 1998. ly reject the concept):
Sawyer v. Mide!fon Court of Appeals, Di~t. Ill, Wisconsin, No. 97-1969. March
17. 1998. Doe v. Roe 955 P.2d 951 (AZ 1998)Appeals court accept·
2. See FMSF Newsletter 8 (5) July/ August 1999. ed repressed memories as valid but remanded the case to
Sawyer v. MjdeiFoo, 1999 Wise. LEXIS 86. June 29. 1999. allow jury to decide on plaintiff's motion to toll the statute of
3. See FMSF Newsletter 8 (8) December 1999. limitations. " ... [W)e have accepted the case as presented by
!llioojs Department of Pmfessjona! Reculatjon v. Benneu G BTIU!Il. M.O. 1998-
the parties, and have assumed the phenomenon of repressed
10343-0l.
6 FMS Foundation Newsleffer MAY/JUNE 2001 Vol. 10 No. 3
memory exists and the concept could gauge the truth or falsity of 'recov the particular memories in [this] case[]
be applied to Plaintiff's discovery and ered' memories." do not rise to such a level that they
tolling claims."
overcome the divisive state of the sci
Travi.r v. Ziteret al. 681 So.2d 1348
Houlr v. Hoult 57F. 3d I (MA 1995) (AL 1996) "{T]here is no consensus of entific debate on the issue."'
Defendant David Hoult did challenge scientific thought in support of the
the validity of repressed/recovered repressed memory theory." Cases in which a lower court
memories at initial trial in Dec. 1993. assessed the validity of
Doe et al. v. Maskell et al. 679 A.2d
The appeals court denied his right to repressed/recovered memory after
1087 (MD 1996) "We are uncon
challenge it after the fact, but did not hearing the case on remand from an
vinced that repression exists as a phe
explicitly rule on its validity. appellote-leve/ court.
nomenon separate and apart from the
Phinney v. Morgan 654 N.E.2d 77 normal process of forgetting."
Cases "Against" (court appeared not
(MA 1995) Court accepted existence
M.E.H. et al. v. L.H. et al. 669 N.E.
of repressed memory, citing the Hmtft to accept the validity of
2d 1228 (lL 1996) "We believe the
case. However, the court ruled that the repressed/recovered memories):
discovery rule does not apply to cases
plaintiffs could not toll the statute of
in which the plaimiff alleges that she State of Rhode Island v. Quattrocchi
limitations because of evidence that
repressed the conscious awareness of C.A. No. P92-3759 (RI 1999) [on
they were aware of the injury prior to
sexual abuse as a child and remem remand from the Rhode Island
the alleged date on which they discov bered it years later." Supreme Court 681 A.2d 879 (RI
ered it. 1996)] "The State has nor mer its bur
Hunter v. Brown 546 N.W.2d I (TN
den of establishing that repressed rec
Cases "Against" (court appeared not 1996) "We find that there is simply too ollection is reliable and admissible as
much indecision in the scientific com
to accept the validity of scientific evidence."
munity as to the credibility of
repressed/recovered memories; in all
repressed memory." Logerquist v. Danforth et al. CV 92-
cases below, the court denied plain
16309 (AZ 1998) [on remand from the
tiff's request to tol1 the statute of limi Lemmerman v. Fealk and Wi/liford Arizona Court of appeals 932 P.2d 281
tation on the basis of repressed/recov v. Bieske 534 N.W.2d 695 (MI 1995) (AZ 1996)] "[T]his Court has con
"[W)e cannot conclude with any rea
ered memories): cluded that the theories advanced by
sonable degree of confidence that
Plaintiff's experts are not generally
Franklin v. Stevenson 94-090l77Pl factfinders could fairly and reliably
accepted in the relevant scientific
(UT 1999) "[TJhe trial court erred in resolve the questions before them,
community of trauma memory
not finding the plaintiff's experts' tes given the state of the art regarding
researchers."
timonies [regarding recovered memo repressed memory and the absence of
ries] inadmissible." objective verification." Barrett v. Hy/dburg 94-CVS-793
(NC 1998) [on remand from the North
Engsrrom v. Engstrom Cal. App,
Additional cases in which the court Carolina Court of Appeals 487
2nd App. Dist., Div.2 (CA 1997)
S.E.2nd 803 (NC 1997)1 "There has
"[Repressed memory 1 is not generally addressed the validity of
been no general acceptance in the rel
accepted as valid and reliable by a repressed/recovered memory in the
evant scientific community of the the
respectable majority of the pertinent absence of a
ory of repressed memory."
scientific community ... " statute of limitations issue:
Dafrymple v. Brown 701 A.2d 164 Footnote: many other cases involving
Cases "Against" (court appeared not
(PA 1997) "[T]he validity of repressed repressed/recovered memory and/or
to accept the validity of
memory theory is subject to consider childhood sexual abuse were evaluated
repressed/recovered memories):
able debate in the psychological com for the above list, but were excluded for
munity and some courts have rejected State of New Hampshire v. various reasons. These included:
its admissibility." Hungerford and State of New
Cases where repressed/recovered memory
Hampshire v. Moralwn 698 A.2d
John BBB Doe v. Archdiocese of was asserted, but did not enter into the
1244 (NH 1997) "The phenomenon of
Milwaukee er al. 565 N.W. 2d 94 (WI court's final decision because other legal
recovery of repressed memories has
1997) " ... [T]he consensus of profes arguments took precedence:
not yet reached the point where we
sional organizations reviewing the
may perceive these particular recov Ramona v. Ramona 66 Cal. Rptr.2d
debate is that there is no consensus on
ered memories as reliable." 766 (CA 1997)[recovered memories
the truth or falsity of these memories."
using sodium amytal] " ... [l]nadmissi
s. s. Stale of New Hampshire v. Wafters
V. V. R. V. 933 W.2d I (TX ble under Kelfy due to the lack of gen
697 A.2d 916 (NH 1997) "{W]e con
1996) " ... [T]he scientific community eral acceptance in the scientific com
clude, as we did in Hungeiford. that
has not reached consensus on how to munity of the reliability of memories
'(t]he indicia of reliability present in
FMS Foundation Newsletter MAY/JUNE 2001 Vol. 10 No. 3 7
recalled after a sodium amytal inter Update of cases we have followed: There's No Debate Over
view." Informed Consent
Terry B. Davis, Ph.D. has had her
Borawick v. Shay 68 F.3d 597 (CT license revoked by the Tennessee state Alien Feld
1996) [recovered memories using
Board of Examiners in Psychology.
An article by three psychiatrists,
hypnosis] "The fact remains that the
Davis who treated patients with DID
literature has not yet conclusively John Cannell, James Hudson and
and MPD was accused of letting unli
demonstrated that hypnosis is a con Harrison Popeltl and another by two
censed subordinates conduct therapy
sistently effective means to retrieve other psychiatrists, John Beahrs and
repressed memories of traumatic past sessions. Former patients claimed that Thomas Gutheil,i21 hopefully should
experiences accurately." she "implanted" false memories of
bring to an end the disagreement about
abuse.
whether informed consent has a place
Other sexual abuse cases excluded from Sec FMSF Ncwsleuer, March, Vol 10 #2 p.S
the above list where repressed/recovered Anderson. M. ''To protect vulnerable, board revokes in psychotherapy. The Beahrs/Gutheil
psychologist's license" Commerr:ial Appeal, 4/5/01 article was referred to in the
memory was asserted in attempting to toll
the statute of limitations, but did not enter Gerald Amirault "has been left March/A pril 200 I issue of the FMSF
into the court's final decision: A/bright 1•. swinging in the wind."lll It is now six Newsletter and addresses informed
White 503 S.E.2d 860 (WV 1998); months after the Massachusetts Parole consent in the context of psychothera
Harfmess v. Fitzgerald er al. 70 I A.2d 370 Board was required to make a recom py in general. Cannell, Hudson and
(ME 1997); Hunter v. Brown 955 S.W.2d mendation on whether to commute the Pope address informed consent as it
49 (TN 1997 ); M.E.H. et al. v. L.H. et al.
sentence of Gerald Amirault. relates to Recovered Memory Therapy
685 N.E.2d 335 (IL !997); Swackhammer
Govemon Cellucci has said that there (RMT); however, their article is fully
v. Widnall 1997 U.S. App. Lexis 18955
was no effort to delay the recommen applicable to therapy in general. Drs.
(WA 1997); Florez v. Sargeant Ill and
dation until after he was confirmed as Cannell and Gutheil testified as expert
Duncan v. Moonshadow 917 P.2d 250 (AZ
1996); Woodro.ffe v. Hansenclever 540 ambassador to Canada as has been witnesses on opposite sides in the
N.W.2d 45 (lA 1995). suggested in some publications. Sawyer case (referred to in this issue's
1. "Review & Outlook" 1\i/// Street Jouma/, 4/2101. legal section). It seems reasonable to
Cases excluded because victims claimed to "Parole Board yet to act on plea for commutation in infer, at least in some quarters, that the
Fell Acres mpe case" Pro1•idem:e Joumai·Bullerin.
have always remembered sexual abuse but 4/4/01 necessity for informed consent in psy
sought to toll the statute of limitations on chotherapy should not be seen as an
Wenatchee Doris Green, who
the grounds that they failed 10 appreciate
issue pressed only by those concerned
the ''causal connection" between the abuse spent 5 years in prison before her con
about false memories.
and later harm: W.J.L. v. Bugge 573 viction was overturned, has filed suit
A small group, composed largely
N.W.2d 677 (MN 1998); No/de v. Frankie alleging that police detective Bob
949 P.2d 511 (AZ 1997); Blackowiak v. Perez and others "conspired to violate of non-therapists, has been proposing
Kemp 546 N.W.2d 1 (MN 1996); Sel/ery v. and did violate" her federal constitu legislation in several states that would
Cressey 55 Cal. Rptr.2d 706 (CA 1996); tional rights. require informed consent. Their activi
Frideres et al. v. Schiltz et al. 540 N.W.2d ties, to some degree, may have initiat
Partridge, M, "Green sues over sex-abuse
261 (IA 1995); Lent v. Dow 55 Cal.Rptr.2d ed the current debate about informed
conviction" Wenatchee World 3/2/01
951 (CA 1995); Roark v. Crabtree 893 Sarah Doggett has settled her suit consent. As has been widely reported,
P.2d 1058 (UT 1995); K.B. v. Evangelical
against police detective Bob Perez and this group drafted a model informed
Lutheran Church in America et al. 538
a former CPS worker for an amount consent bill because of what was hap
N.W.2d 152 (MN 19951.
that lawyers for Doggett think was fair pening to some adults who entered
Cases involving repressed/recovered mem to both sides." therapy with various contemporary
ory, but excluded from the above list Schiffner, "Former sex crimes witness concerns and developed what is now
because they were remanded to a lower settles suit" Wenarcl!ee World, 2126101 recognized as false memory syn
court and where no subsequent lower court Bruce Perkins has been denied drome. The Cannell, Hudson and Pope
decision is available: Clay v. Kuhl 696 parole because he would not agree to article is a must read-particularly for
N.E.2d 1245 (IL 1998); KeJly et al. v. therapists, those in therapy and
participate in a treatment program in
Marcantonio et al. 678 A.2d 873 (RI lawyers representing retractors and
which he must admit guilt.
1996); Peterson v. Huso 552 N.W.2d 83 In Wisconsin "Richard" has been families. Their historical perspective
(ND 1996); Sheehan v. Sheehan 90 I
adds to the understanding that
sent back to prison by a new therapist.
S. W.2d 57 (MO 1995).
informed consent has roots well
Richard refused to admit guilt.
beyond the current false memory craze
Q Q and is not just a contemporary necessi-
8 FMS FoundatiOn NeWSletter MAY/JUNE 200 I Vol. 10 No. J
ty. A brief non-jargonized definition of Sleep Paralysis ysis with hypnagogic or hypnopompic
Recovered Memory Therapy (RMT) is A Psychological Case Study of 'Demon' hallucinations, it is easy to see why
suggested. The value of their definition and 'Alien' Visitation people look for supernatural and
may be that it is behaviorally oriented Andrew D. Reisner, Psy.D. extraterrestrial explanations for such
Skeptical Inquirer Magazine, Mar/Apr '01
and has the power to nullify the frightening and confusing phenomena''
Reviewed by Frank Kane
defense that "I don't practice (Baker 1992).
Recovered Memory Therapy." What "As Carl Sagan suggested, we Newsletter readers who are inter
therapists actually do or don't do in humans are never Jar from the realm ested in learning more about this inter
therapy-not what they say they do of the irrational despite the buffer of esting phenomenon will find this arti
should be the major factor that deter science and reason. Normal people cle of interest, in addition Robert
mines the therapeutic approach they can come uncomjonably close to this Baker's 1987 book Hidden Memories.
have used. A justification often made irrational realm, when they are There is also an exceilent discussion of
to defend therapists who have created either half awake or half asleep, and sleep paralysis in Pendergrast's Victims
false memories is that they were fol experience either hypnagogic or of Memory.
lowing what was the standard of prac hypnopompic hallucinations. In Reviewer's Comments:
tice at that time. That inaccurate these relatively common and normal Since I first discovered the FMS
defense is rebuked in this article, with experiences, a person may be tem Foundation, I have spoken to hundreds
strong evidence documenting that the porarily unable to move, a state of parents who told me that their letters
knowledge about such factors as the known as sleep paralysis, and may of 'confrontation,' from their children
reconstructive nature of memory and experience vivid hallucinations often contained narratives of "specters
therapeutic suggestibility existed dur either when first falling asleep (hyp coming into their room at night and
ing the time period when so many fam nagogic) or upon awakening molesting them, while they were in a
ilies were being destroyed by false (hypnopompic) (Baker, 1992, 1987; state of terror and paralysis." This was
memories. The obvious needs stating: Fukuda eta/. 1987; Penn et al. 1981; followed by "flashbacks," "body mem
Standards of practice should be based Liddon 1967)." ories"a nd an interpretation of the hal
on the existing science and not on the lucinatory experience as "incest."
Reisner explains that, "it can be a
beliefs of individual therapists. I am interested in learning more
terrifying experience, leaving the per
After reading these two articles, I about the phenomena of hypnopompic
son wondering not only about the real
find it difficult to believe that some and hypnagogic hallucinations as they
ity of what they have seen, but also
psychiatrists and other therapists resist may relate to false memories of abuse.
about their own sanity. The hallucina
the notion of informed consent and at Please contact me, Frank Kane,
tions seem very real... they are thought
times verbally attack those who advo through the Foundation, and let me
to be the culprit in many paranormal
cate this important practice. I' m aware know whatever you can tell me about
phenomena, including nocturnal visits
of the thinking of some therapists who these phenomena as seen in your par
from aliens. .. and ghosts and demons."
question their clients' capacity to make ticular set of circumstances. All infor
The article discusses hypnopompic
informed decisions concerning their mation will be kept confidential.
hallucinations and their effects upon
therapy or who believe that this kind of
one of the author's patients. The
process may be incongruent with their
patient had had hallucinations since he
theoretical orientation. I personally
was four years old. During a period of Treasure Hunt?
reject these beliefs and sometimes
much stress in adulthood, the patient
wonder if the anti-informed consent According to the National Post,
came to believe that the 'demon' of his
therapists are trying to avoid responsi the City Council of Swansea, South
nightmare was telling him to kill his
bility and accountability for their prac Wales granted U .S. businessman Jim
wife and two children and then him
tice. If so, then perhaps they should Bethany permission to dig up part of
self. Dr. Reisner theorized that an emo
also stop bi11ing insurance companies, a park to search for treasure he says
tionally vulnerable, suggestible and
tapping into tax funds and charging he buried in a past life. With the help
imaginative man lost contact with real
their patients. of regression hypnotherapy. Bethany
ity by his misinterpretation of his
believes he was previously a Welsh
J.Cannel!. J .. Hudson. 1.1.. Pope. H.G.: Standards for hypnopompic hallucinations.
informed consent in recovered memory therapy. Bull soldier who buried silver coins and
Dr. Reisner discusses the literature
Am Ac ad P:;ychiarry Law (In press). jewelry he had obtained in India.
on hypnagogic and hypnopompic hal
2. Beahrs. J.O .• Gutheil. T.G.: lnfonned consent in
Savill. R. "Man 10 dig for treasure he buried in a
psychotherapy. Am J. of Psychiatry 158: I. 2001. lucinations and notes that "lacking past life."' The Natiorwl Pon. Aug 25. 2000
accurate information about sleep paral-
FMS Foundation Newslo"or MAY/JUNE 2001 \A:ll. 10 No. 3 9
ences which, it is sadly true, had pro A Note From Australia
duced historical monsters. The Courage to Heal Still Influences
Unfortunately, as any kid having put an
A local representative and member
alarm clock back together will tell you,
of the Australian False Memory
Letter From France:
demolishing is the easy part of the job.
Society is currently in a hospice with
It has been a long time since we e What are we offered to build upon the leukemia. I saw him yesterday; he
mailed you. Well, things are not mov ruins: the illusions of drugs and seems well and is as positive and bright
ing very fast in France. Our group Internet, the bigotry of fundamentalists as ever. Yet his RM daughter rang him
counts now a dozen identified fami and sects, the ups and downs of the and continued to accuse him. 1 had
lies. However, considering that most of Dow Jones, bodybuilding, reality heard that The Courage to Heal says to
them knew about FMS through your shows, recovered memories ..... confront fathers on their death-beds,
USA Web site, we are busy working on To resist the temptations of this but I didn't imagine for a moment that
a French language site in order to make supermarket of crank ideas, what is it could actually happen. The father
access to FMS info easier to non-bilin needed is an education cultivating looked me squarely in the eye and
gual people. Merci pour tout et common sense and respect for others. commissioned me to continue the fight
sinceres salutations. Most of us tried very hard to give just against it.
Web address is: that to our daughters while we could; A friend from Australia
www.francefms.com but in the end the false prophets of The
Q
Courage to Heal prevailed. Whose fail
In the March/ April Newsletter, a We Never Gave Up
ure is it?
"disappointed but resolved father"
A father from France My husband and I have been with
mentions that "both these daughters
Q one of the FMS support groups since it
are intelligent, educated women." No
came into existence. Unfortunately, my
doubt they are, like the vast majority of Dear FMSF Friends,
husband died two years ago.
accusers, like our own daughter. We just returned last night from
We have two daughters who were
This does open a big question Phoenix. We went there to see our
victims of false memories. Fortunately,
which sometimes shadows all our suf granddaughter through our ex-son-in
we were able to have a reconciliation,
fering: How on Earth can educated and law, as that is how it has been for the
which my husband and I worked dili
intelligent women be so gullible? We, past 9 years. Saturday morning our
gently at achieving two years before
parents, were so proud of their intelli daughter called us at the hotel, and
his death. Although the girls never dis
gence, so proud of the education we asked if we both would meet her for
cussed their accusations, we were
gave them. Don't we feel cheated as breakfast. After breakfast, she invited
happy to accept their return to our fam
well as betrayed? Or is it the meaning us to her house, where we spent about
ily. Our interaction was very loving.
of these two words - intelligence and an hour or so. When we left she
Thank goodness my husband had the
education - that has to be questioned? hugged us both and said she loved us.
opportunity to witness the return of our
Specialists in these matters are of She invited us to her church
daughters before he died. I am now the
the opinion that there exist several dif Sunday. They have a practice of light
recipient of their joy in being back in
ferent forms of intelligence and that ing candles for joy or sorrow. I saw
the family fold. My husband and I
our western system of education heav that she lit a candle. I did not see her
never gave up trying to reach them. It
ily privileges a few of them, for write anything on a card, but when they
paid off, even with a11 the pain.
instance the mathematically talented. read the cards, they said one was a
I will forever be grateful to the
Narrow minded specialisation is cer candle of joy from "a daughter" whose
foundation for the role it played in our
tainly required by our efficient econo parents are visiting her from Florida.
lives. Thank you.
my but it cannot replace the broader After church, we went to lunch with
AMom
education needed to hold one's place in her and spent about one and a half
Q
society at large. hours visiting. Other than the fact of
I Weep for My Son
Where are our children getting real catching up on all the family members,
education? In the family? In the street? it was just like it used to be -as if noth In 1995 I lost two sons. D., age 47,
On the TV screen? Is it necessary to ing had ever happened. died after a long struggle with a rare
elaborate? Since the sixties, educated We are still in shock! There is form of lymphoma. E., age 51, in a
and intelligent people have been busy much more to tell, but just had to let classic FMS scenario. . . counselors,
demolishing the basis of traditional you know this much right now. hypnosis, legal charges, the whole mis
education: values, beliefs and refer- Very happy parents erable deal. He dumped his garbage
Q
10 FMS Foundation Newstetter MAY/JUNE 2001 \.01. 10 No. 3