False Memory Syndrome Foundation Vol 10 No 06 2001 novdec

16 Pages·2001·0.7 MB·English

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NOVEMBER/DECEMBER 2001 Vol. 10 No. 6
I ' !
Dear Friends, ers and retractors. Families of refusers more often reported
that they had no contact with the accuser. Retractors and
"Has there been a surge in retractions since the attacks
returners were less likely to have brought legal actions
of September 11th?" a British journalist asked me last week.
against the accused than did refusers. All of these trends
I replied that I was not aware of any increase in the number
seem to anchor the positions in families of refusers.
of returners or retractors, that changes took place quite
On the other hand, more families of retractors and
slowly, and that there was a gap between any changes in
returners were confronted in a therapy session than were
family status and our awareness of them. It seems logical,
families of refusers. This seems counterintuitive, but it may
however, that such terrible events may stir some accusers to
be related to levels of communication.
reflect on their families and perhaps find another perspec
The mean age of accusers at the time they made the
tive.
accusation was 32 years, but returners and retractors were
Interviews with retractors have shown that life events
several years younger than refusers. The mean age of the
are sometimes the stimulus for a return to families. In this
accuser at the time the alleged abuse was supposed to have
month's issue you will find a letter from a father who
started was 4 years old. It's interesting that such a large por
describes his feelings and actions as he reunites with his son
tion of the accusers claim memories younger than four, the
after 18 years of separation, a fascinating story that is still
period of childhood amnesia. It's evidence of the fantastical
developing. lt seems to have been a life event-the illness of
nature of the FMS phenomenon.
his sister-that moved the son to reach out. There is anoth·
Drs. Lief and McHugh have dubbed the years between
er letter from a father who asks "Why should we trust?"
1988 and 1998 as the "Decade of False Memories" because
"Why should we reconcile?" The positions of families on
survey results indicate that is the time period in which the
the topic of reconciliation span a continuum, and individual
notions of recovered memories peaked. The years 1991 and
families may bounce back and forth with time. However, the
1992 were the years in which most families found out about
survey of your experiences that we are currently analyzing
the accusations.
shows that the majority of FMSF families indicate that their
While we continue to see a welcome decline in new
family is unanimous in wanting reconciliation.
families contacting the Foundation, the roots of the FMS
We have found a number of trends in the survey results
nonsense are still, alas, very healthy. Ignorance about mem
that distinguish retractors, returners and refusers and we are
ory abounds at the same time as exciting new research
currently studying the trends to detennine if they are signif
moves us to a better understanding. In this issue you will
icant. Some examples:
read that South Carolina has passed a law that allows peo
More families of retractors and returners reported that
ple to bring lawsuits based on memories recovered in thera
their families are unanimous in wanting reconciliation than
py. As the person who sent us this information noted: "the
families of refusers.
More families of returners and retractors reported that
In this Issue •.•
they had someone acting as a mediator than did families of
refusers. More families of refusers reported that the accuser Fe/d .................... , ... ,,,,,,, .... ,, .. .,,,,,,,,,,,,,,,,,,,.,,,,,,.,.,.,,,,.,,,,,,,,5
Legal Corner ....................................................................6
had support from other family members than did families of
Barlha. ............................................................................. ..7
retractors or returners.
Pankrdfz ............................................................................8
The survey indicated that the accusations became pub
From Our Readers. ......................................................... JO
lic more frequently in families of refusers than in families of
Bulletin Board ................................................................ 14
returners or retractors. More families of refusers reported
The next Issue wl/f be combined Janqar:y/FeBruery
that contact had been forbidden than did families of return-
1955 Locust Street, Phrladelphra. PA 19103-5766.215-940-1040. Fax [phone]. www.FMSFonline.org
SC Legislature certainly failed to do its homework." If you
"Being a rather empathic group, however, probably
scan the web, you can find no end of nonsense about mem
few clinicians overlook the potential impact of the way
ory or about therapy that can solve all your problems.
they communicate messages to their clients. If in current
The good news is that a few more therapists who use
clinical work there is any significant threat in transmitting
dangerous techniques have been held accountable, and
unintended meanings to clients, it likely occurs not
some conscientious therapists are stepping up to monitor
(directly) at the level of communication, but through the
their profession. In two legal cases reported this month, it
use of empirical constructions. Consider the therapist who
was the intervention of courageous therapists who had
adheres to the theory that the recovery of repressed mem
inherited damaged patients who provided appropriate help.
ories is important in overcoming some forms of psycho
Both the Feld and Pankratz columns this month should
logical trauma. Independent of its truth or falsity, a belief
be required reading by professionals. Feld's column offers
in this theory will likely shape the scientific efforts of the
direct and simple ways for professionals to think about their
therapist, namely, the data that are sought, and how these
work and keep their perspectives fresh. Pankratz tackles the
data are used to explain the causes of the client's trauma
minefield of post traumatic stress disorder (PTSD) with a
and the factors that may lead to its effective treatment. But
message that some may find uncomfortable: PTSD can be
a trusting or suggestible client may also assume the truth
easily feigned. It's a timely topic because there has been
of the theory, the consequences of which may be a trans
much in the news about the effects of the September 11th
formation in the way the client views his or her experi
tragedies on those who observed them.
ence (Bowers & Farvolden, 1996). Like a search for fos
By now, you should have received our annual fund rais
sils among mere stones, 'repressed memories' may
ing letter. Please note that this year we are combining our
become new mental objects in the landscape of the
membership renewals with the fund-raising drive. We
client's mind, to be spotted, gathered, and examined.
expect this will further streamline our office operations and
Should we be surprised that our client finds the evidence
expenses as we move closer to the time of providing most
that he or she is looking for? And that, when found, his or
services on the web. We thank you for your generosity that
her confidence in the theory, as well as the therapist's,
will enable us to work at applying what we learn from the
will only be reinforced. Such a possibility reveals a prob
family survey about reconciliation to help others.
lematic pattern: An empirical construction, which is
We send our best wishes for the holiday season and the
adopted to help explain a client's difficulty or how to treat
New Year.
it, may inadvertently alter the client's view of that diffi
culty (i.e., generate a creative construction), and thus lead
to new experiences (i.e., data). Critically, these experi
ences may appear to confirm the validity of the original
empirical construction.
An Open Letter to Foundation Members:
"It is neither the prevalence or inevitability of this
The Foundation has been collecting information phenomenon, however, that is so troublesome, but rather
about the conditions that influence reconciliation with the possibility that clinicians do not always recognize it.
our estranged children. Our personal and collective Such recognition could entail several advantages. First,
responses to the questionnaires have been critical to the clinicians would be more likely to maintain an attitude of
research program in its effort to identify the factors that healthy skepticism about their empirical constructions
either impede or encourage the return of our children. and thus remain more open to alternative possibilities.
Perhaps we are writing the "final chapter" in this long Second, even if clinicians held to particular empirical
and sad story but our continuing financial support constructions because they seemed helpful from a scien~
remains vital to this task. We hope that you may find tific standpoint, clinicians could do so at least with the
the strength and means to provide that help. explicit understanding that a potentially important aspect
Marion and Chris Koronakos of such constructions was not only their scientific merit
but also their utility for changing clients' perspectives. In
special thanks this context, constructions could be described as dual,
We extend a very special '"Thank you" to all of the people insofar as they simultaneously subserve scientific efforts
who help prepare the FMSF Newsletter. Editorial Support. and efforts to reconstruct meaning."
Toby Feld. Alien Feld, Janet Fetkewicz. Howard Fisbman, Peter Gaskovski
Peter Freyd. Columnists: August Piper, Jr. and Members of "The clinician's art, or why science is not enough"
the FMSF Scientific Advisory Board. Letters and informa
Canadian Business and Current Affairs, November 1999.
tUm: Our Readers.
2 FMS Foundation NewsleHer NOVEMBER/DECEMBER 2001 Vol. 10 No. 6
DSMM V Scheduled for 2010 Publication Guided Imagery and Memory:
Implications for Psychotherapists
The American Psychiatric Association expects to pub
Arbuthnott, K.D., Arbuthnott, D. W., & Rossiter, L.
lish the Fifth Edition of the Diagnostic and Statistical
Journal of Counseling Psychology 2001, Vol 48, No 2. 123-132.
Manual in 2010. The long delay allows time to define and
stimulate the research that will be needed to provide a This article reviews the research linking mental imagery
stronger empirical base for the manual. Six research plan with changes in memory. The authors' purpose was twofold:
ning groups have been fanned: Nomenclature, Disability & to sensitize clinicians to possible inappropriate applications
Impairment, Gaps in current system, Developmental disor of guided imagery techniques and to discourage researchers
ders, Neurosciences, and Cross-Cultural Issues. from understating the potential utility of guided imagery.
Ivanovs, N. & Marsha!l, T. "DSM-V Research Planning Process" They note that research has shown that imagery can help
Psychiatric Research Repor/, Summer 2001, p. 6. patients anchor important therapeutic moments or rehearse
Q behavior-change plans. They also note that it may facilitate
the recollection of previous memories, but at the expense of
British Parliament to Examine
increasing confusion between imagery and previous per
False Accusations of Child Sex Abuse
ceived events. The authors conclude that the "research sug
An all-party group in Parliament will examine flaws in gests that therapists should become more sensitive to the
the way police and courts examine allegations of child sex possible memory distortion risks associated with guided
ual abuse. In response to the question of how this came imagery but that eliminating imagery from their practice
about, Margaret Jarvis, Legal Affairs Adviser for the British entirely is not necessary."
False Memory Society, explained: "It's the result of some Q
hard lobbying by several groups that are part of the United
Changing Beliefs About Implausible Autobiographical
Campaign Against False Allegations of Abuse. We think it is
Events: A Little Plausibility Goes a Long Way
important to recognize the kaleidoscope of false allegations
Mazzoni. G.A.L.. Loftus, E.F., & Kirsch. I.
of abuse, especially since there is no limitation period in
Journal of Experimental Psychology: Applied,
criminal law here so that retro criminal convictions are rife.
March 2001, Vol. 7 (I) 51-59.
Also, different constituencies have gained a greater under Available at: http://faculty.washington.edu/loftus
standing of each other and have united around the justice
Many studies have shown that people can be led to
banner."
believe they experienced events that did not happen. Some
psychologists have suggested that there are limits to the
types of experiences that can be suggested, and that such
South Carolina Law Extends Time for Adults to Sue
experiences must have some degree of plausibility. In a
for Childhood Sexual Abuse
series of three studies, the authors investigated the mal·
On August 31, South Carolina Governor Jim Hodges leability of perceived plausibility and the subjective likeli
signed into law a bill that gives adults more time to file law hood of occurrence of plausible and implausible events in
suits alleging incest or sexual abuse during their childhood. subjects who had no recollection of experiencing them.
Charges may now be brought up to three years after a per Plausibility was manipulated with a series of mini-articles
son discovers the abuse or until age 27, whichever is first. about implausible events from a presumably credible
For example, a person may discover the abuse through a source. The authors note: "These three experiments tell a
therapist helping with problems such as depression or post consistent story. Exposing people to a set of articles that
traumatic stress disorder. That allowance falls under the describe a relatively implausible phenomenon, like witness
South Carolina Supreme Court decision last year in ing possession, made people believe that the phenomenon is
Moriarty v Garden Sanctuary Church 111 that allows more plausible," and it increased their confidence that they
repressed memory to be used as a link in a lawsuit. In that had had the experience.
decision the justices said that alleged victims must present Q
"independently verifiable, objective evidence" to back up
Repressed Memory Accusations:
their claims.
Devastated Families and Devastated Patients
I. Moriany v Garden Sanctuary Church No 25156 SC sup Ct, June 26.
2000. filed (1000 S.C. LEXIS 149). Elizabeth Loftus
Applied Cognitive Psychology, 1997, Vol. 11, 25-30.)
"Law gives aduils more time to sue for childhood sexual abuse"
Associated Press. Aug. 3 I. 2001.
Loftus discusses the British survey of families with dis
puted "recovered memory" accusations and compares some
FMS Foundation News/etfet NOVEMBER/DECEMBER 2001 Vol. 10 No. 6 3
results to surveys done with families "results suggest that lower pretrauma Ontario Doctor Loses License
and patients in the United States. These intelligence increases risk for develop A disciplinary committee of the
surveys, however, have the method ing PTSD symptoms, not that PTSD College of Physicians and Surgeons of
ological weaknesses associated with lowers performance on intelligence Ontario revoked the license of Dr.
all retrospective studies. She then tests." Cl Raymond Danny Leibl in September.
describes the study by staff employees
In a written decision, the four person
working for the Department of Labor Catharsis, Aggression, and committee noted, "Revocation is nec
and Industries in the State of Persuasive Influence: Self-Fulfilling essary to repudiate his severe miscon
Washington that examined repressed or Self-Defeating Prophecies? duct, to protect the public and to main
memory claims registered with the Bushman, B.J, Baumeister, R.F, & Stack, tain the integrity of the profession." It
Crime Victims' Compensation A.D Journal of Personality and Social is rare for the disciplinary committee
Program. This study used medical Psychology, 1999Vol. 76 (3) 367-376 to strip a physician of his license.
records and other documentation as Article available at www.apa.org/jour- Leibl was accused of misdiagnos
well as a tabulation of certain outcome nals/psp/psp 763367 ,htm I
ing a fanner patient as having multiple
measures. The results of the Crime
Even though past studies have personality disorder, and planting
Victims study (previously reported in failed to validate the catharsis hypoth memories of sexual abuse that were not
this newsletter) are shocking: recov esis, the authors of this study note that there. According to the charges, Dr.
ered memory patients in the Crime
pop psychologists and the mass media Leibl tried to "re-parent" the patient by
Victims study appeared to get worse
have continued to endorse the view feeding her from a baby bottle and hav
rather than better. Loftus concludes
that "expressing anger or aggressive ing her call him "Momm'j daddy Ray."
that the Crime Victims study should be
feelings is healthy, constructive, and He allegedly carried out a mock funer
repeated using better controls and sci
relaxing, whereas restraining oneself al for the patient's parents and then
entific checks. creates internal tension that is installed himself as the ideal parent and
0 unhealthy and bound to lead to an even took her on a trip to Florida where
Lower Precombat Intelligence is a eventual blowup." they slept in the same bed.
Risk Factor for Posttraumatic The researchers sought to answer Dr. Leibl gave the patient high
Stress Disorder two questions. Can people be persuad doses of sodium amytal, a drug used to
Macklin, M.L., Metzger, L.J., McNally, ed by a media message to deal with "retrieve" suppressed memories, com
R.J., Litz, B.T., Lasko, N.G., Orr, S.P., & anger in a certain way? And, if people bined with large amounts of vodka. He
Pitman, R.K., Journal of Consulting and chose to attempt to vent their anger billed the health system for about 33
Clinical Psychology, 1998, Vol. 66. (2)
through physical aggression would hours a month for this patient.
323-326.
they feel less anger after having done Dr. Molyn Leszcz, a psychiatrist
Because most veterans of combat so (as the catharsis theory suggests)? and head of the psychotherapy pro
do not develop posttraumatic stress Venting anger or "rage work" was gram at the University of Toronto stat
disorder (PTSD), the authors are a component of the therapy for a great ed that "reparenting" "was never con
studying variables that may increase many people who came to have false sidered mainstream." He said it is not
the risk for the disorder in combat sol beliefs about childhood sexual abuse. and would never be taught at the uni
diers. They examined the relation Indeed, in one of the first articles writ versity.
between intelligence and PTSD by ten about recovered memory therapy, Even though Leibl's medical
studying the association among pre Debbie Nathanlll described a weekend license was revoked, he can still offer
combat intelligence, current intelli retreat she attended in which a partici psychotherapy. The College of
gence, and self-reported PTSD symp pant hit telephone books with a bat, Physicians and Surgeons has estab
toms. They used military aptitude test pretending they were her perpetrators. lished a task force that will set guide
results for 59 PTSD and 31 non-PTSD The conclusion of the study is that lines to govern psychotherapy, but they
Vietnam combat veterans who had contrary to popular belief, venting are only at the draft stage.
undergone recent interviews and test anger through physical aggression See FMSF Ncwsleller March/Apri12001
ing. People with lower precombat such as hitting a punching bag does not Eby, C. "Psychi~trisl guilty of misconduc1:
intelligence were more likely to devel decrease one's anger. In reality, such Dlsciplin~ry he~ring: 'Disgraceful, dishonorable and
unprofessional"' Narional Posr. June 28. 2001.
op PTSD symptoms assessed by the acting out only increases a person's
Lu. V. & D~ly, R. . "Doctor loses license over them·
Clinician-Administered PTSD Scale hostility. py: Psychiatrist uses odd 'reparenting' method on
after adjusting for extent of combat I. Nathan, D. "Cry Incest" Playboy, October patients" Tvnmlo Srar, Sept 22, 2001.
exposure. The authors note that the 1992,84-164. 0 0
4 FMS FoundoHon Newsletter NOVEMBER/DECEMBER 2001 Vol. 10 No. 6
Massachusetts Doctor Loses License PROPOSITIONS and professionals are obligated to keep
Alien Feld apace with the evolving thinking in
The Massachusetts Medical Board
their field. Limiting reading to a nar
repealed the license of Dr. William A. Since my major professional activ
row range furthers a myopic view, a
Kadish in August. Kadish was the ity had been teaching graduate students
common hazard associated with the
medical director of psychiatry at in a Master of Social Work (MSW)
rigors of work, caseloads, efficiency
UMass Memorial Marlborough program, I sometimes wonder what I
Hospital where he supervised physi might say to them today. I have had and trying to make means and ends
cians and patients, planned curriculum many thoughts as I witnessed the meet.
and gave lectures. The Board cited havoc created by therapists and false 3. Challenge your own thinking.
"gross misconduct in the practice of memory syndrome. I think I would While many of us may profess a will
medicine" and "extreme deviation vigorously explain to students the rea ingness to challenge our own thinking,
from any clinically appropriate stan sons for the scientific uncertainty about that behavior may often be elusive. Try
dard of care." repression, and emphasize the necessi placing yourself on a continuum with
According to the complaint, ty for securing independent corrobora "Rarely Challenge Myself' located at
Kadish had a sexual relationship with tion of any memory before accepting one pole and "Frequently Challenge
one of his clients who was suffering its veracity. To these important corner Myself' at the opposite pole. Place
from depression, low self-esteem, and stones, I would add the caveat that yourself on the continuum. (If you
multiple personality disorder. He drew effective help is proffered when the want to try an interesting experiment
out more than 20 different personalities focus is on the patient's present, not the and have an adolescent at home, ask
identified by him and gave them a life past. But, what else would I say? The that teen to complete this continuum
of their own by writing letters to them. following propositions are at least a about you and compare your place
There was also another patient who partial answer. ments!) The difficulty in self-challenge
had filed a complaint against him. I. Be wary when you think you may be significantly reduced by factors
The Medical Board learned about have the right answer. Gravitating
referred to in Propositions 1 and 2.
the problem because the patient told an towards information that supports
4. Don't cease probing when a
independent therapist about what was one's beliefs and views is not unusual.
patient says things that are consistent
going on. With the help of this thera There seems to be a natural tendency
with what you may believe. A common
pist, the patient reported the treatment for people to become involved with
therapeutic activity is to test a hypoth
to hospital officials and his practice like-minded people. Professionals
esis with probing questions. There is a
was suspended immediately. often select continuing education and
tendency both to ask questions that tar
Gaines, J. "Doctor's license revoked: training programs that support, rather
get the hypothesis and to accept
Respected psychiatrist admits abuse charges" than challenge, their beliefs. These
answers that fortify your thinking.
Boston Globe, Aug. 26, 2001. self-imposed blinders may be magni
This approach may not supply all
Lasalandra, M. "Doe loses license after affair fied by an inclination to limit profes
with psychiattic patient" Boston Herald, Aug. of the information that is therapeutical
sional discourse, debate, and disagree
23,2001. ly helpful. It might also indicate that
ment to a narrow continuum, even
Edi10r's comment: The facts of this case among those with whom there is face the client understands what a therapist
underscore the potential for creation of is looking for, and the desire to please
to-face contact. As a result of these ten
false beliefs in a vulnerable patient by may be influencing the response.
dencies, people often select details that
means of unethical and irresponsible sug 5. Therapists should be able to
are likely to support rather than contra
gestion. They also highlight the critical
describe in lay language what is being
dict their beliefs.
role of ethical therapists in bringing an end
worked on in therapy. Using technical
to such shameful practices. Vigilance is necessary in order to
terms can become a stumbling block to
create professional objectivity and to
0 be open to new learning. effective communication with a client.
2. Balance your professional read Instead, use terms that are common
"Daily life took as much as she ing with material that challenges your outside of therapy to describe the ther
had.The future was sunset; the past beliefs. Balance does not necessarily apeutic efforts. The client should be
something to leave behind. And if it mean a 50-50 split. Avoiding the "other able to explain the focus of therapy to
didn't stay behind, well, you might side's" reading is another way of wear non-professional significant others. If a
have to stomp it out." ing blinders and it may constitute a patient is unable to do that, it is sensi
Toni Morrison, Beloved, Plume (Penguin)
grave injustice to clients. Professional ble to question his or her understanding
1987, p.256
practice should be scientifically based of the therapy.
FMSFoundatlonNewsJetter NOVEMBER!DECEMBER2001 Vo1.10No.6 5
6. Put your theoretical approach into everyday lan
L E G
guage so that the client can understand it well enough to
describe it accurately to you and to lay people. The -,.-c 0
- R N E R
description should not be just the textbook words or
names that may be used to identify the particular therapy
SJC Signals Doubts About
of choice. Descriptors such as "eclectic" should be avoid
Validity of Recovered Memories
ed. A professional's behavior is more definitive than a
Commonwealth vs. Frangipane, SJC-08359, Supreme Judicial
commonly recognizable name given to a theory. Some Court of Massachusetts, 2001 Mass. LEXIS 170,
therapists claim that they are "multi-theory users." This March 20,2001, Decided.
too requires clarification and specification.
In a unanimous 17-page ruling, the Supreme Judicial
7. Ask patients to describe what is being worked on in
Court (SJC), the highest court in Massachusetts, said that
therapy. This may seem like an obvious suggestion, but
William Frangipane is entitled to a new trial because the
when was the last time you asked this question to a client?
prosecution's expert witness strayed too far from her exper
(Or, if you have been a client, were you asked this type of
tise when she discussed the effects of trauma on memory.
question?) A patient's answer to this question can be a
Frangipane was convicted of raping a teenager who did
source of important therapeutic clues and have some eval
not recall most of the details of the assault until five years
uative significance.
after it allegedly occurred. Frangipane was a school bus dri
8. Joint periodic reviews serve clients and therapists
ver hired to take a church youth group to a nighttime
well. Evaluating progress in therapy should not be relegat
Halloween hayride. He allegedly raped a 14-year-old boy
ed to the ending phase of therapy. Does the patient
who was on his way to the bathroom while participants were
describe any change in the areas that led her or him to seek
gathered around a bonfire.
therapy? What is the overall view of the patient's life?
The expert, a social worker, stated that she had studied
Periodic reviews are meant to be infonnal and resem
in 'the area of memory [of sexual abuse]' with a variety of
ble an ongoing therapy session. Reviews can initiate a dra
researchers, including Dr. Bessel van der Kolk and Dr. Judy
matic turn in the therapy. I recall a conversation with a col
Hennan and had attended seminars and workshops. The SJC
league who was troubled by what he felt to be a client's
ruling included the expert's explanation of a PET scan. She
lack of progress. After a review session both made adjust
explained that it was "a scan of the brain (whereby dye \s
ments that helped the therapy become more productive.
injected] into various parts of the brain (and one] can actu
Many patients who believed that they had False
ally see by the calor [that comes] up how different memories
Memory Syndrome have reported that their mental health
are being stored in the brain, the different parts of our brain
deteriorated while they were in therapy. Even though that
that we are actually storing memory in." The court noted rhat
decline may not have been a result of the therapy, the pos
evidence on the neurology of how trauma victims store
sibility that it may be should not be overlooked.
memories in the brain should have come from a medical
In reviewing these propositions, I came to a gratifying
doctor, not a psychotherapist.
conclusion. This is what I would say to my students even
The SJC ruled that there is enough disagreement on the
if I had not been witness to the false memory fiasco. These
issue [of recovered memories] among mental-health special
ideas are not specific to a particular issue; they represent
ists that it would be appropriate for a judge to review the
some of the elements that I believe are components of
issue before allowing it to be used in a criminal case.''
good therapy.
The Boston Globe noted that "the SJC's stance brings
Alien Feld is Director of Continuing Education for the FMS
the court in line with appellate courts across the country."
Foundation. He has retired from the faculty of the School of
Social Work at Marywood University in Pennsylvania. Ellement, J. "New trial ordered in recovered-memory case" Globe,
March 21, 1001
0
Judge Moraghan rejected the video testimony of two Arizona
therapists as expert witnesses, and criticized their neo-psy Throneberry vs. Shults-Lewis Ends in Mistrial in
chology. He noted that a "disturbing feature" of many such Indiana
therapy regimes is that they are commercial programs with
their own unique vocabularies and definitions. He wrote: "It In 1990 Teri Throneberry and Margie Cole initiated a
is quite evident that many [therapists] are capable of and do lawsuit against the Shults-Lewis Child and Family Services
significantly damage their clients or patients; the court Facility for negligent hiring, supervising and training of
declines to accept their diagnoses [of post traumatic stress employees. The women claimed they had been abused when
disorder]." they were residents at the facility in the 1960s. The lawsuit
Scheffey, T. "Litchfield judge utterly unconvinced by victim"
was brought in 1990 after the criminal statute of limitations
Conneclicul Law Tribune, Oct 15, 2001, Vol 27 (42).
6 FMS Foundation Newsletter NOVEMBER/DECEMBER 2001 Vol. 10 No. 6
had expired for Rodney Grantham, an not suggested by others. after 70 minutes of pleading for free
employee at Shults-Lewis in the 60s Experts scheduled for the defense dom, she suffocated.
who admitted abusing the girls. were memory researcher Elizabeth Michael Steinberg, attorney for St.
This was the third attempt at a trial Loftus, Ph.D., psychiatrist James Clair, characterized his client as a
in this case. The first trial was sched Hudson, M.D. and Paul devoted mother and an upstanding
uled for J9 95 but became tied up in Frederickson,Ph.D., an lndianapolis member of the community. He reiterat
appeals about the civil statute of limi psychologist who also examined ed that St. Clair knew nothing about
tations that had also expired. Cole died Throneberry. The defense was expect rebirthing therapy and that she "never
in 1995. Throneberry, now 50, argued ed to argue that "repressed memory" or thought to question Connell Watkins's
that she had repressed the memory of "associative amnesia" is not a legiti judgment."
the event for 22 years and that the mate, science-based concept, but rather Bob Ransome, attorney for
statute of limitations should not begin a convenient legal argument to over McDaniel, said his client "heard of
until she remembered the abuse. That ride the statute of limitations. Attorney rebirthing one night before this ses
argument kept the case in the appeal for Throneberry was Gregory Bowes sion," and he was "thrilled to be in the
courts until 1999, when the Indiana of lndianapolis. presence of this expert [Watkins],"
Supreme Court remanded the case for Attorneys for Shults-Lewis were who is currently serving a 16-year sen
triai.IJJ Steve Strawbridge of Indianapolis and tence for child abuse resulting in death.
Although almost half of the states Mark Lienhoop of LaPorte. Following the reading of a tender letter
now have laws that give plaintiffs time I. Indiana Supreme Court No. 64505-9712- McDaniel wrote to his daughter after
beyond the nonnal statutes of limita CV-658, 718 N.E.2d 738; 1999 Ind. LEXIS the fateful rebirthing session, Ransome
933.
tions to file repressed memory law asked, "We should put this man in jail?
2. Jewel, M. "Repressed memory lawsuit tests
suits, there is no such law in Indiana. Give me a break!"
wide-open area of Indiana law" Associated
"In Indiana there is no precedent one Press, Sept2, 2001. Prosecutor Laura Dunbar painted a
way or the other on repressed memo 3. Kosky, K.. "Victim of molestation still suf contrasting picture of the defendants
ries," said James A. Tanford, an fers" Valparaiso Times, September 23, 2001. "based on evidence and fact - not on
Indiana University law professor and 4. Seibel, T. "Poner sex abuse case a misuial" emotion." In a methodical fashion,
an expert on law and psychology. "The Post-Tribune. Sept 26. 2001. Dunbar recounted the involvement of
u
lndiana Supreme Court has not decid St. Clair and McDaniel during the "two
ed any case yet on the admissibility of Update: Rebirthing Trials Conclude week intensive" that preceded
repressed memory." Tanford noted that Candace's death. They were "willing
Jaye D. Bartha
the Indiana Supreme Court "has relied and active participants, practicing psy
Rebirthing Aides Given Probation:
quite heavily on the published scientif chotherapy," she stated before intro
On October 4th , Brita St. Clair, 42,
ic literature. The weight of scholarly ducing evidence showing that St. Clair
and her husband, Jack McDaniel, 48,
opinion within the fields of psychology repeatedly lied to investigators by
assistants who actively participated in
and Jaw is that these recovered memo diminishing her involvement which
the 'rebirthing' session that killed ID
ries are factua1ly unreliable."t21 was caught on tape and viewed by the
year-old Candace Newmaker in April
Before ending in a mistrial court. Both defendants, she said,
2000, both received 10 years probation
because the plaintiff's lawyer had to be played key roles in teaching young
and 1000 hours of community service
hospitalized, Daniel Brown, Ph.D., Candace "compliance training" and
from Judge Jane Tidball in Golden,
who had examined Throneberry, testi "strong sitting" (a technique whereby
Colorado.
fied that she suffered from 1) PTSD, the child sits motionless in isolation for
St. Clair, a fonner special educa
2) sexual desire disorder, 3) moderate prolonged periods).
tion teacher, and McDaniel, a construc
anxiety and depression, 4) ampheta McDaniel addressed the court say
tion worker, assisted psychotherapists
rrime abuse, 5) body dysmorphic disor ing, "We were there to help her
Connell Watkins and Julie Ponder in
der in which she feels ugly all the time, [Candace] live a better life" and "I
swaddling young Candace in a flannel
6) a personality disorder that causes wish I had more knowledge and
sheet and placing her beneath heavy
her to avoid relationships and 7) a dis insights. We are out of the social work
furniture cushions. The four adults
sociative disorder that causes her to business for good." St. Clair, through
then pushed against Candace to simu
switch mental states. The plaintiffs had her attorney stated, "Candace
late birth contractions. The child was
to convince a jury that repressed mem Newmaker's death, and my being pre
supposed to free herself and become
ories are "reliable" and that the memo sent, will be a source of agony for me
"reborn" to her adoptive mother, but
ries were genuinely Throneberry's and for the rest of my life."
FMS Foundoflon Newsletter NOVEMBER/DECEMBER 2001 Vol. 10 No. 6 7
The presumptive range for sen Wenatchee Update: The four children Posttraumatic Strcs.s Disorder
tencing was probation to 4-16 year of Doris Green who were removed
l_(ll"t::n IJ.mk1:1l1 Pill)
prison terms. Judge Tidball stated both from their mother in 1994 have filed a
defendants "were acting under direc suit against the city of Wenatchee,
Posttraumatic Stress Disorder
tion and neither were trained" and Chelan county and the Department of (PTSD) first appeared in the third edi
''there was no evidence they tried to Children and Family Services claiming tion of the Psychiatric Diagnostic
harm." Although Tidball received that they were subjected to improper Manual in 1980. Soon after, psychia
requests from mental health groups interrogation. Green, whose conviction trist Landy Sparr and I were the first to
asking for stiff sentencing, she dis was overturned and whose parental publish a paper describing the imita
agreed: "They are not mental health rights were restored by a state Court of tors of this disorder. We described five
men who said they had been trauma
providers and the felony conviction" Appeals in 1999, has not yet gotten her
tized in the Vietnam war; three said
will "constitute a significant deterrent. children back.
they were former prisoners of war. In
Any other punishment would be inap
The 9th US Circuit Court of fact none had been prisoners of war,
propriate."
Appeals ruled 8-3 that Robert four had never been in Vietnam, and
Newmaker Pleads Guilty: Jeane Devereaux failed to present evidence two had never even been in the mili
Newmaker of North Carolina pled supporting either of his claims; that tary.
Several factors convinced me that
guilty to child abuse resulting in death, detectives continued their investigation
factitious PTSD was more common
a class III felony, on October 11,2001. of him despite the fact that they knew
than even the most cynical observer
Newmaker brought her adopted daugh or should have known that he was
would guess. [Factitious means arising
ter, Candace, to Evergreen, Colorado innocent; and that they used investiga
from an artificial or manufactured
to be treated by Connell Watkins. tive techniques that were so coercive source; a factitious symptom or dis
Newmaker, a nurse practitioner at the that they knew or should have known ease, then, is one that develops outside
pediatric gastro-intestinal clinic at they would result in false information. the natural course of illness.] I discov
Duke University Medical Center, par ered all sorts of individuals with dif
ticipated in the rebirthing session in ferent personality styles and varying
which her daughter died. motives who were pretending that they
had suffered trauma. Twenty years
The Court imposed a four-year
later, I have some reasons to believe
suspended sentence with 400 hours of
that my fears are correct.
community service and mandatory
"Confirmation bias should be a mat In 1998, Dallas stockbroker and
brief counseling. Newmaker must
ter of great interest and concern to Vietnam veteran B.G. Burkett wrote a
report to the probation department. If
lawyers and judges. For example, book called Stolen Valor in which he
she complies, her felony conviction
lie-detector (polygraph) examiners provided painful and embarrassing
will be expunged.
may start with a hypothesis that they examples of veterans deceiving
Prosecutor Steve Jensen had
'confirm' by asking just the right gu11ible mental health professionals.
requested that Newmaker be barred
questions. Or a mental health profes His argument does not rest on single
from working with children during her
sional investigating child abuse may case studies of therapist blunders.
suspended sentence stating, "the evi
too readily (albeit unwittingly) col Burkett also attacked the very founda
dence raises questions about her abili
laborate with the presumed victim to tion of the Veterans Administration's
ty to recognize and intervene" with a
create memories of abuse that never understanding of PTSD, the National
child in distress. Defense attorney
occurred. The easily made diagnosis Vietnam Veteran Readjustment Study,
Pamela Mackey said Newmaker
of child abuse can be notoriously dif a four-year project that cost $9 mi.Ui.on
"placed her trust in Watkins, not as a
ficult to falsify, particularly when the to complete. This study concluded that
professional, but as a mother." Judge
victim is an adult and the abuse when lifetime prevalence was added to
Ttdball agreed and added that a nurs
occurred early in childhood. This has current PTSD, more than half of male
ing restriction would be a "meaning
led to several spectacular miscar veterans and nearly half of the female
less punitive sanction."
riages of justice." veterans had experienced clinically
Jaye Bartha mo.jored in psychology. She
Kenneth R. Foster and significant stress-reaction symptoms.
recently settled a lawsuit she brought
Peter W. Huber
Senator Allan Cranston, then chairman
against her former therapist who practiced
Judging Science: Scientific knowledge
of the Senate Veterans' Affairs
recovered memory therapy.
and the federal courts.
Committee, found the result "shock
1997, MIT Press.p. 45
ing."
8 FMS Foundation Newsletter NOVEMBER/DECEMBER 2001 Vol. 10 No. 6
Burkett found these results shock weaker ones first, then the stronger, science. As a result, they were easy
ing as well, but for different reasons. and finally only the strong surviving. marks for anyone who wanted to spin a
Fewer than 15% of the 3.3 million men However, PTSD was developed and false story about how their life was
who served in the Vietnam theater of adopted in the context of an unpopular ruined by some trauma. At the same
operation were in direct line combat war. The diagnostic manual suggests time, therapists made patients with
units. How can 50 percent of these vet that the symptoms of PTSD emerge problems into victims. The most dra
erans have experienced PTSD? from an event, a stressor that would matic examples involved searching for
Burkett points out some serious errors evoke "significant symptoms of dis sexual abuse as the repressed trauma
in the methodology of the study, and he tress in most people" (emphasis added, behind some ordinary symptom.
suggests that many of the subjects lied. DSM-Jll, 1980, p. 236). Although this practice seems to have
For example, the sample has three In 1997, Canadian Marilyn dramatically changed over the past few
times the expected number of reported Bowman reviewed the world literature years, I am concerned that many theraM
Purple Hearts. Even if the deceivers on response to trauma in a book enti pists are still practicing without a
were identified and thrown out, would tled Individual Differences in revised conceptualization of the PTSD
we really expect such high rates of Posttraumatic Response: Problems diagnosis. I recommend that this orga
PTSD from this war? with the adversity-distress connection. nization give the matter some attention.
Ian Hacking wrote a book known She concluded that "toxic events are References:
to many readers of this newsletter not reliably powerful in yielding a Bowman, M. (1997). Individual differences in
called Rewriting the Soul. In a more chronic, event-focused clinical disor posttraumatic response. Mahwah NJ: Erlbaum.
Buckley, R., & Bigelow, D.A. (1992). The
recent book, Hacking ( 1998) reviewed der such as PTSD." Indeed, most peo
multi-service network: Reaching the unserved
the history of a disorder that was pop ple do not respond to toxic events with
multi-problem individual. Community Mental
ular at the end of the 1800's but has persistent symptoms that would rise to Health Joumo.l, 28, 43-50.
now essentially disappeared, namely the level of a diagnosable disorder, like Burkett, B.G. & Whitley, G. Stolen Valor.
Dallas, TX: Verity Press, 1998.
fugue-state wandering. This wandering PTSD. Individuals who do are charac
Hacking I. Mad Travelers, University Press of
disorder was constructed to explain terized by preMexisting factors such as
Virginia, 1998.
some unusual behaviors of the time, longstanding personality traits of emo Sparr L, & Pankratz L. (1983). Factitious post
and once described, there was an epi tionality and personal vulnerability, traumatic stress disorder. American Journal of
demic of fugue wanderers or perhaps suggesting that their pre-event factors Psychiatry, 140,1016-9.
more precisely an epidemic of diag contribute more to serious distress dis Loren Pankratz, Ph.D., is a consultation
psychologist in Portland OR and Clinical
nosing fugue wanderers. This was not orders than the toxic event.
Professor in the Department of Psychiatry
a disease process but a phenomenon Because these conclusions seem so
at the Oregon Health Sciences University.
that happened in reaction to social con far from the clinical practice of most
He is a member of the FMSF Scientific
ditions of the time. Physicians gave mental health professionals, Bowman
Advisory Board.
these people a diagnostic label, a label devoted a full chapter to why clinicians 0
that protected them from personal are reluctant to look for causes of dis
Editor's Comment: In addition to the refer
responsibility for their actions. tress beyond an event. The insight and
ences listed above, the following are sug
Hacking noted that some mental wisdom of this chapter are compelling.
gested reading for those interested in a
crit~
disorders bear a stigma that you would Therapists have fallen for easy expla ical appraisal of PTSD:
not want anything to do with. But if a nations, readily blaming others and the Young, A. The Harmony of lllusiollS: Inventing
disorder is conceptualized as a misfor environment for the patient's distress. Post-Traumatic Stress Disorder, Princeton, NJ:
tune that happens to basically decent They have confused the acute symp Princeton University Press, 1995.
www.forensicptsd.com
souls, then patients and clinicians will toms of trauma with chronic disability
Website run by Gerald Ros.en, Ph.n., clinical
direct their attention to that diagnosis. or, even worse, crea(ed victims by rein
psychologist at the University of Washington.
Perhaps some insights into PTSD can forcing the idea that one's behavior is
be gained by viewing it within this attributable to situational events in
light. instances where that is not true. "Junk science results when con
clusions are drawn using low-quality
The old diagnostic terms associat One could make a case that mental
data such as testimonials, anecdotes,
ed with war trauma include combat health professionals were insufficiently
fatigue, shell shock, and war neurosis. prepared to understand the new diagno and case reports rather than from ran~
domized, controlled clinical experi
All of these terms carry a notion that sis of PTSD. They were buffeted by
ments."
after a certain extended period of com social and political winds that blew us
John C. Dodes, "Junk Science and the
bat, some soldiers might break down: away from the harbors of psychological
Law" Skepticallnquirer; JuVAug 2001
FMS Foundation Newsleffer NOVEMBEf?/DECEMBEf? 2001 Vol. 1010 No 6. 9
a response from us, knowing how dev He wrote that his sister did not
astated we were by the allegations he know he had written to us and was
and his sister made against us and going to be upset with him for doing
other family 18 years ago. so. He asked us not to contact her
One Family's Journey
Our son tried reaching out once directly, but was willing to deliver any
After 18 Years of Separation
before, about 12 years ago, and we message we might wish to send. We
It's hard to know where to begin. really got our hopes up. There was an asked him to tell his sister that we
A couple of months ago, we were exchange of letters but nothing ever loved her and that we wanted very
shocked to receive a letter from our 34~ got off the ground because we needed much to see her, but would respect her
year~old son who, after 18 years, was to know that he understood that all decision if that is not what she wanted.
reaching out for contact .. those molestation allegations never She's still refusing contact, but we feel
By way of backgro~nd, I should happened, and he was not willing at the that may change pretty soon now.
point out that ours was a blended fam~ time to reassure us. We wrote that in Meanwhile, it was my son's turn to
ily. He was my son from my previous that case, we couldn't have any contact be shocked. He wasn't expecting a
marriage, but he lived with my wife with him. He wrote back saying that it
response to his letter because, like us,
(his stepmother) and me. We raised was good-bye. But he did let us know
he'd lost all hope. I wrote him back. I
him from age 4 until age 16. His step~ by letter when each of his two children called him. Within a week we were
mother says that he was every bit as were born.
talking daily on the phone, often for
dear to her as if he were her own child. It was cataclysmic the way my son
hours at a time. My wife had long
There was a younger sister as well, but and daughter were lost to our family;
phone conversations with him too. We
she lived with her mother and visited we became convinced the loss was per
were blown away by the depth of feel
us. We were not particularly fond of manent. Our entire extended family
ing he expressed, how much he loved
the children's mother, but we kept this grieved along with us for a long time.
us and how deeply he missed us. Of
to ourselves and supported the boy's Eventually, we made peace with the
course the feeling was mutual. He
relationship with his biological mother. loss-or so we thought. Though we
couldn't believe how happy we were to
On the bad advice of a therapist, hadn't seen our son in 18 years, and had
have him back in our lives and how
we le! him go just before his 16th given up hope, the emotional impact of
much we'd missed him. He acknowl
birthday to live on a trial basis with his receiving the letter from him wiped us
edged that his attitude the first time he
mother. The counselor insisted that this out for days. My wife read it and told
tried to reconnect made it impossible
was the only way the boy would find me it was good, but I couldn't read the
for us to have contact with him at that
out what his biological mother was letter myself until four days later. It
time. I learned that he had followed in
really like. Unbeknownst to us, the was good, but I felt all mixed up and
my footsteps, getting married because
mother was involved in recovered anxious and wasn't sure how I wanted
of a pregnancy, despite knowing it was
memory therapy. Soon after our son to respond.
a mistake, then leaving the marriage
went to live with her, she involved the I reached out to Pamela Freyd and
before his second child was born. As a
children in recovered memory therapy a couple of other good friends for
divorced father himself, he saw the
as welL It wasn't long before the boy advice. The message 1 got from them
potential for being falsely accused of
and his sister were accusing us and was clear and consistent. Regardless of
other relatives of molestation. When all the difficult feelings, we should molestation, because he wanted more
the dust settled, the authorities deter~ seize this opportunity. Our son was visitations with his children than his
mined that the allegations were giving us all another chance to see if ex~wife was willing to allow. He reas
unfounded. Nonetheless, we were not we could be a family again. My wife sured me that he nipped this in the bud
successful in getting our son back. A wanted to go for it, but felt the decision and was able to see his children on a
bond that we thought indestructible was up to me, his biological father. She regular basis, though not for as much
was severed as profoundly and corn~ said that if we go folVIard we should go time as he would like. He is remarried
pletely as if there had been a physical full throttle without hesitation. I must now, to a lovely woman who has a son
death. admit, had it not been for the encour from ~ previous marriage, a boy who
In his letter, our son wanted to let agement I received from Pamela, my lives with them and is about the same
us know that his younger sister, also brother, and other friends and family, I age of his two boys.
estranged from us, had been diagnosed might have blown this opportunity, The Before the devastation, my son
with an aggressive, possibly tenninal pain and terror stirred up by my son's worshiped my father (Papa) and dearly
cancer. He wrote that he did not expect letter, nice, as it was, felt unbearable. loved the rest of my family and my
10 FMS FoundaHon Newsletter NOVEMBER/DECEMBER 2001 Vol. ID No. 6