False Memory Syndrome Foundation Vol 15 No 04 2006 julyaug

2006·0.16 MB·English

F A L S E M E M O R Y S Y N D R O M E F O U N D A T I O N N E W S L E T T E R
JULY/AUGUST 2006 Vol. 15 No. 4
Dear Friends, tant for the discipline is how it has used science to inform
this debate.”
Month after month after month we repeat the observa-
Wright and colleagues are British and refer to a study
tion: research in understanding how people may develop
done by the British Psychological Society (BPS) in 1995.
false memories continues its solid move forward, but many
The FMSF commented on that study at the time, and those
who hold the belief in the reliability of recovered
comments are reprinted this month. (p. 4) The comments,
“repressed” memories are not convinced. The public, the
perhaps, reveal how the BPS use science in 1995 to inform
media, and the courts still have difficulty sorting out what is
the debate.
true. The following is typical of what one sees in the press:
How will history judge the American Psychiatric
“There is no credible scientific evidence to prove that Association and the American Psychological Association if
repressed memories even exist. And yet they keep clearing
they do not reexamine recovered memories in the light of
the way for these kinds of trials which have ruined hundreds,
the research of the past decade? Professionals have an
if not thousands, of families.” Elizabeth Loftus
important opportunity to clear up the confusion that lingers.
“It is very painful to me to have anyone, especially in the Perhaps some comments by Rhea Farberman, the exec-
mental health community, doubt the existence of repressed utive director for public communications at the American
memories.” David Clohessy
Psychological Association, best capture the need for that
quoted in Barbour, C. Patrick, R. (2006, June 19).
organization to revisit recovered memories. In an article
Ruling spurs repressed-memory debate.
about Harrison Pope’s thousand-dollar challenge to find
St Louis Post-Dispatch,A1
examples of recovered repressed memories prior to 1800,
Those comments, in fact, capture the essence of the
(see May/June 2006 FMSF Newsletter) she stated:
problem—scientific evidence contrasted with belief and
emotion. It’s a problem, of course, that extends far beyond “The consensus, certainly among researchers and probably
also among clinicians is that although a memory could conceiv-
the subject of recovered memories. Yet, so much has been
ably be repressed and then recovered, that would be unlikely; it
learned about memory and false memories in the decade
is far more likely for someone to confidently believe they
since the professional organizations last visited the debate,
remember something, even though it never occurred. There’s a
one can’t help but wonder if it is time for professionals to
lot of research to show how that can happen. Memory is very
revisit their recovered-memory statements.
fallible.” [1]
In this newsletter we describe an article by Wright and But a few days later, Farberman felt that she may have
colleagues (p. 3) who observe that at the time the profes- “left readers with a misimpression,” and in a letter she
sional organizations developed their statements, they looked wrote:
at research studies that were not specifically designed to
“I said that the phenomenon of a recovered memory can
address the recovered-memory debate. They write that we
happen but is unlikely. In actuality, the position of the
“now know events can be implanted into a person’sautobi-
American Psychological Association is that it is possible for
ography,that some people are more suggestible than others,
memories of abuse that have been forgotten for a long time to
that particular techniques increase the likelihood memories
be remembered. I also used the word ‘skeptical’in describing
can be implanted.” They state that research has now shown
that we should “not take at face value statements like: ‘I In this issue...
have not thought about that for years.’” And they ask a
Legal Corner......................................................................6
important question: “How will history judge us [psycholo-
From Our Readers ..........................................................10
gy and psychiatry]?” The authors answer: “What is impor-
Bulletin Board..................................................................14
1955 Locust Street, Philadelphia, PA 19103-5766, 215-940-1040, Fax [phone], www.FMSFonline.org
the attitude of the mental health community toward the con- release in mid-July. Unless Warner Brothers and CBS pro-
cept of repressed memories. Abetter description would have vide information that the Sybil story is highly fictionalized,
been the community’s cautious but supportive attitude when the confusion about recovered memories is likely to
dealing with a person who has a new memory of something
increase. FMSF Newsletter readers may want to sharpen
long forgotten. [2]
their pencils in preparation.
It’s unfortunate that a spokesperson for the American
In the office, we now receive at least three times as
Psychological Association needed to back-peddle because
many new contacts through the internet as we do by tele-
that organization’s statement about recovered memories is
phone. Indeed, most of the people who do phone have
out of date.
already visited the website. It is only sensible that the future
Perhaps the courts will eliminate the confusion about
work of the Foundation be done increasingly on the inter-
recovered memories for the professional organizations.
net. As we have written in the past, we plan to distribute the
Courts have been slowly coming to grips with the problems
newsletter primarily in electronic version starting in 2007.
of the reliability of recovered memories, but the steps have
For those who like to have the newsletter in hand, it can eas-
been state by state. While most move forward, some seem
ily be printed in a form that is exactly like the printed ver-
oblivious to science. For example, the Missouri Supreme
sion you have been getting.
Court has potentially opened the door for repressed memo-
We understand, however, that some newsletter readers
ry cases in that state. [3] (p. 8) In one of many clergy cases
just don’t have access to the internet. Toward the end of
pending in Missouri, the court decided that the statute of
summer, we will be mailing our annual fund raising letter. It
limitations may be tolled if a person did not know of the
will be sent several weeks earlier than in the past in order to
abuse or its harm at the time the statute would normally
make needed changes in our records. In it we will inquire if
apply. Although this in no way prevents scientific evidence
you are able to receive the newsletter electronically. We will
from being used at trial, it also means that vast legal and
request updated email addresses. And we will make a spe-
financial resources will be usurped from cases involving
cial list of people who are unable to use the internet to get
children in the here-and-now. It means that claiming
the newsletter. For those people, we can print out the
“repressed memories” will be a way in which an old case
newsletter in the office and mail it first class. There will,
may receive a hearing in court. The Missouri standard is
however, be only four newsletter mailings in 2007, even if
now similar to that in Ohio. The Ohio Supreme Court ruled
there are more frequent electronic editions.
in May that a person could not bring a lawsuit against the
Best wishes for an enjoyable summer.
Catholic Church for childhood abuse principally because he
1. Goldberg, C. (1006, June 12). Debate over repressed memories heats
did not allege that he had repressed his memory. [4] It’s not up with $1,000 challenge. Boston Globe,C1.
surprising that claims of recovered repressed memories 2. Farberman R. (2006, June 20). Letter: Revised points on repressed
cluster in certain states. memory. Boston Globe,A10.
3.Powel vs. Chaminade CollegeNo. SC86875. Supreme Court of
At the same time, but in a different legal category, a
Missouri, June 13, 2006, Filed. 2006 Mo. LEXIS 76.
third-party lawsuit against some therapists and a hospital for
4.Doe, Appellee vs. Archdiocese of Cincinnati et al., Nos. 205-0702
recovered-memory practices is proceeding in Wisconsin.[5] and 205-0734, Supreme Court of Ohio, 2006 Ohio 2625; 2006 Ohio
One problem with bringing third-party lawsuits has always LEXIS 1565, Decided May 31, 2006.
been access to therapy records. The Wisconsin case has 5.Johnson vs. Rogers Memorial Hospital,No. 96-CV-1228,
Wisc. Cir. Ct., Memorandum decision and order, June 14, 2006.
been in the courts for more than a decade and resulted in
Pamela
Wisconsin Supreme Court decisions. Now a judge will be
reading the therapy records in camera (privately), and the
c
judge will decide if those records contain evidence of harm-
“If memory were a faithful register only of things actually
ful practices. In the event that the judge finds such evidence,
heard and seen, then the record of any event would be a
he will provide the plaintiffs with just those records that
mosaic of scattered fragments (many ill-defined and with
would enable the case against the therapists to proceed. Or
broken edges, some with their relative positions not clearly
the case could end at this point. Almost certainly,it has been
fixed) and the whole would be interspersed with deplorable
the lawsuits brought by former patients and their families
missing parts. However, what our memory presents to
against the therapists who caused harm that have resulted in
us is a compact and finished picture, with smooth, unbroken
pushing the law in new directions and in fewer new families
surface, in which the ragged edges have been trimmed, the
contacting the Foundation.
ill-preserved fragments dropped out, and the missing parts
As of this writing, an air date for the CBS remake of filled up. . . . It is this thing of shreds and patches that is
Sybil has not been announced. The release of the 30th presented by lovers of the marvelous.”.
Anniversary Edition of the original movie, is scheduled for Frank Podmore. Modern spiritualism.
London: Methuen, 1902. Vol 2, p. 211.
2 FMS Foundation Newsletter JULY/AUGUST 2006 Vol. 15 No. 4
Anatomy of Much Has Been Learned About decisions.
AProsecution Gone Awry Recovered Memories Since 1995 And they ask, “How will history
Wright, D.B., Ost, J., French, C.C. judge us?” The authors answer “What
David Milgaard spent 23 years
(2006, June). False memories. isimportant for the discipline is how it
behind bars for a murder that he did
The Psychologist,19(6), 352-355. has used science to inform this
not commit. What is unusual about this
debate.”
In 1995, the British Psychological
case is not the injustice that was done.
Society published a report [1,2] on 1. Andrews, B., Bekerian, D., Brewin, C. et al.
There are now more than a hundred
(1995). Recovered memories: The report of the work-
recovered memories based on a survey
examples of people who have been ing party of the British Psychological Society. In K.
of its members [3] and a review of the Pezdek & W.P. Banks (Eds.) The recovered memo-
wrongly convicted and later exonerat-
scientific literature. They concluded, ry/false memory debate (pp. 373-392). San Diego,
ed with DNAevidence. What is unusu- CA: Academic Press. See Executive Summary in
among other things, that “while there
al about this particular injustice is that FMSF Newsletter 4(2).
is a great deal of evidence for incorrect 2. Commenting on the 1995 report: “One welcomed
the government of Saskatchewan has
the decision of the BPS to set up a Working Party to
memories, there is currently much less
held a hearing to learn what went report on the widely debated question of “Recovered
wrong with the justice system. The evidence on the creating of false mem- Memories.” Indeed, given the deep clinical and social
ories,” and that “there are high levels importance of the question it was prudent for it to do
government has committed millions
so. In the event, unfortunately, the Report of the
of belief in the essential accuracy of
for the project. The Star Phoenix of Working Party is deeply disappointing and, at its most
recovered memories of child sexual crucial junctures, is badly flawed. It has helpfully
Saskatoon has reported on the now 18-
abuse among qualified psychologists.” issued a short list of some sensible guidelines for ther-
month-long hearing. apists. But its “preliminary survey” of BPS accredit-
The authors of the current article
The results of the hearings remain ed therapists, itself incompletely reported, and its
note that the scientific evidence at the analysis of the problem and its treatment of evidence
to be seen, but the examination of the
will do little to redress anxieties that have been wide-
time was “based on studies that were
case is fascinating in both human and ly expressed about particular clinical practices.
investigative terms. In May, for exam- not specifically designed to address the Professor L. Weiskrantz , Emeritus Professor of
recovered memory debate,” and they Psychology , University of Oxford
ple, we learned about the discovery of
3. Andrews, B., Morton., J., Bekerian, D.A., et al.
look at how evidence has developed
a police file that outlined the police (1995). The recovery of memories in clinical practice:
since that report. They write that we Experiences and beliefs of British Psychological
theory of how Milgaard committed the
“now know events can be implanted Society practitioners,” The Psychologist,8, 209-214.
crime. The file included a description See Sidebar p. 4.
into a person’s autobiography, that
of the things witnesses had observed. c
some people are more suggestible than
That file, however, had been written
others, that particular techniques What Causes Multiple Personality
before the witnesses had ever said any-
increase the likelihood memories can Disorder?
thing about those things. The witness-
be implanted.” They write that
es did subsequently include all of the For years, some American trauma
information that was in the file in their research has now shown that we specialists have claimed that Multiple
should “not take at face value state- Personality Disorder is caused by child
testimony. According to an attorney for
ments like: ‘I have not thought about abuse—in spite of the fact that there is
Milgaard, it was highly likely that the
that for years.’” no solid scientific evidence to support
file served as a script that the police
Wright et al. caution that the that claim. In March 2006, another theo-
used. It could indeed, knowingly or
ry was offered by Bert de Wildt of the
debate about recovered memories
unknowingly, have wrongly influenced
Medical University of Hanover in
should not be used to deny other
witnesses to say what the police want- Germany.[1] Dr. De Wildt said that he
research showing that “children often
ed or expected them to say. The file had an example of a female patient who
do not disclose abuse unless specifical-
had not been available at the time of had played internet roleplaying games
ly asked.” They summarize:
Milgaard’s trial. for several hours a day for more than
When the inquiry into David • What appear to be newly remem- three years. “During that time the invent-
Milgaard’s case is concluded, will bered (i.e. recovered) memories of ed characters gradually took control over
there be recommendations that affect past trauma are sometimes accurate, the personality which had been neglect-
how future investigations are conduct- sometimes inaccurate, and sometimes ed. The patient lost control of her own
amixture of accuracy and inaccuracy; identity and social life,” he said. During
ed in Saskatchewan? Will the results of
psychoanalysis, therapists discovered
this extensive investigation spur other •That much of what is recalled can-
that she had developed multiple person-
governments to do the same? not be confirmed or disconfirmed; alities.
Adam, B.A. (2006, May 19). Top court hearing
•That, because of these two beliefs, 1. Internet roleplaying games can cause mul-
sparked flurry of activity. Star Phoenix (Saskatoon,
reports of past trauma based on such tiple personality disorder. (2006, March 13).
Saskatchewan), A11.
recovered memories are not reliable Deutsch Presse-Agentur.Retrived March 14,
c
enough to be the sole basis for legal 2006.
FMS Foundation Newsletter JULY/AUGUST 2006 Vol. 15 No. 4 3
IFRECOVERED MEMORIES ARE
Report of British Psychological Society 1995 Survey
FODDER FOR SATIRE, THE SITUATION
(Reprinted from FMSFNewsletter, 4 (7))
MUSTBE GETTING BETTER.
The British Psychological Society (BPS) conducted a survey of its
membership in conjunction with its report, “Recovered Memories: Report of Repressed-Memory Therapist Recovers
the Working Party of the BPS” issued in January, 1995. The survey, “BPS Rockford Files Episode
Questionnaire on Memories of Early Sexual Abuse,” was sent to all 4005 (ARetelling. For original story see
clinical members of the BPS in February, 1994. There were 1083 returns and http://www.theonion.com/content/node/31044)
the results were based on 810 members who indicated they had clients
According to a June 8, 2005 article in the on-
claiming child sexual abuse. The results of that survey have only recently
line publication The Onion, [1] Iowa therapist
been published (Andrews, B., Morton., J., Bekerian, D.A., et al. (1995). The
Brian Marnard helped his patient Joan Spees, a
recovery of memories in clinical practice: Experiences and beliefs of British
Psychological Society practitioners,” The Psychologist,8, 209-214.) 37-year-old farm-equipment sales consultant,
recover an entire Rockford Files episode. “from
#14To what extent do you think that recovered memories of CSA[child-
the darkest reaches of her subconscious mind.”
hood sexual abuse] events from total amnesia can be taken as essentially
“Joan, who had suffered from seemingly
accurate?
inexplicable anxiety attacks her entire adult life,
never 3%, sometimes 53%, usually 38%, always 6%
was the perfect candidate for repressed-memory
#17 To what extent do you think that clients’reports of having experi- therapy,” Marnard said. “Under my care, she
enced satanistic ritual abuse can be taken as essentially accurate? began recovering vivid memory flashes from
what seemed to be a single, distinct episode from
never 3%, sometimes 54%, usually 38%, always 5%
her past.” But Joan could not see the relationship
But the really bad news is the way that the BPS Working Party
between the fragments.
chose to treat this information in its January report. Question #14
Although Spees said that the flashbacks did
led to the following remarkable conclusion (page 29):
not really disrupt her personal life, Marnard was
•”There are high levels of belief in the essential accuracy of recovered concerned about what the memories might signi-
memories of child sexual abuse among qualified psychologists. These
fy.
beliefs appear to be fuelled by high levels of experience of recovered
Marnard noted that “Repressed memories,
memories both for CSA and for non-CSA traumatic events. The non-
which are stored outside the awareness of the
doctrinaire nature of these beliefs is indicated by the high level of accep-
conscious mind, can usually be traced back to a
tance of the possibility of false memories.”
traumatic event.” Marnard was concerned that
One would naturally expect a similar conclusion based on #17, about high
Joan might have been a victim of childhood sex-
levels of belief in the essential accuracy of recovered memories of satanis-
ual abuse. If that were the case, it was important
tic ritual abuse. There was no such paragraph. Indeed, the January report
made no mention at all of the extent of belief in satanic ritual abuse. The to excavate the memories and confront them.
distribution of responses to #17 were not mentioned. The very existence of Marnard began “an exhaustive, expensive
the survey question itself was not mentioned. course of drug-mediated interviews, hypnosis,
Actually there’s even more. Two other results from the survey (page 211): regression therapy, and literal dream interpreta-
#5Do you ever use hypnotic regression to uncover traumatic memories? tion.”
It took a long time for him to get the story.He
y=10%
knew he was close to the climax when during
#9 Of these [clients who had reported history of child sexual abuse], have regression she said “...What you gotta do is just
any experienced remembering CSAfrom total amnesia — i.e. no conscious
keep laughing.” Then she paused and said “Later
knowledge of the occurrence of the event while in therapy with you?
tonight on NBC.”
y=23% Immediately after the breakthrough, the
How were these results reported five months earlier in the report? They patient discontinued her sessions and refused to
were not reported. Instead, the BPS Working Party stated in its Executive pay her bill. She called Marnard a “Quack.”
summary of the report (page 3): Marnard thinks Joan should return to therapy.He
said that “Joan can run from her problems all she
•...”There is no reliable evidence at present that this is a widespread phe-
nomenon in the UK”. wants,” but not all of her recurring memories
have been explained.
(The members of the BPS Working Party are listed as: Bernice Andrews,
1. (2005, June 8). Repressed-memory therapist recovers
John Morton, Debra A. Bekerian, Chris R. Brewin, Graham M. Davies, and
Rockford Files Episode. The Onion, 41(23). The Onionis a
Phil Mollon.)
satirical on-line publication.
c
c
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FMS Foundation Newsletter JULY/AUGUST 2006 Vol. 15 No. 4
Aaron Beck Receives more information can contact the
No Shortage of Belief in
Adolf MeyerAward author at:
Recovered Memories
[email protected]
We are pleased to note that Aaron
Geraerts sensitively explains how There is no shortage of evidence
T. Beck, M.D., a member of the FMSF
her studies show that there are two that some people continue to believe
Scientific Advisory Board, has
types of recovered memory experi- in recovered memories. The exam-
received the 2006 Adolf Meyer Award,
ences. “In one type, people realize that ples below crossed our desk in the
the American Psychiatric Association’s
they are abuse survivors, commonly past few days.
most prestigious award. Dr. Beck is,
attributing current life difficulties to
perhaps, best known for his develop-
these repressed memories of abuse. General Healing Tools forSexual
ment and evaluation of the cognitive
Here, abuse events are mostly gradual- Abuse/Ritual Abuse Survivors;
behavioral approach in psychotherapy.
ly recalled over time, often by sugges-
Grief Work; Anger Work; Bodywork
c tions of a therapist. In the other type of
Confrontation and Separation;
Recovered orDiscovered recovered memory experience, people
Forgiveness; Healing from PTSD
Memories? are suddenly reminded of events that
Reparenting and Learning to Love;
they had not thought about in many
The notion that people commonly One’s Inner Child/Parts; Triggers.
years. They are shocked and surprised
cope with child sexual abuse by MV(2006, April).General healing tools
at their recollection but not at the con-
repressing the memories of terrible for sexual abuse/ritual abuse survivors.
tent of the memory as such.”
events is central to the popular beliefs Many Voices XVIII (2), 4.
In a series of experiments the
that have fueled the recovered memory (Many Voices still thanks Del Amo Hospital
author shows that repression is not (Torrance, CA); River Oaks Hospital (New
phenomenon. Many therapists and
needed as an explanation for either Orleans, LA); Sheppard Pratt Health System
patients are absolutely sure that they
experience. She explains how people (Baltimore, MD); Timberlawn Mental Health
have seen the recovery of memories System (Dallas, TX); Two Rivers Psychiatric
might develop a false impression of
during therapy. How do researchers Hospital (Kansas City, MO); and Women’s
amnesia in either experience.
sort out whether that is what actually Institute for Incorporation Therapy
Wewill be hearing more about this (Hollywood, FL)).
happened?
research in the near future.
Cognitive psychologists have Memories in Cells
1. Remembrance of things past: The cog-
approached the question by devising
nitive psychology of remembering and forget-
“The third step of the therapy
experiments that can compare the ting trauma.
involved yoga-type exercises, aimed
ways in which different groups of peo- c
at releasing the trauma memory con-
ple process certain types of informa-
“The repression (or suppression)
tained in the body’s cells.”
tion. They look at groups of people
of trauma appears to be a clinical
Zdeb, C. (2006, June 22). Waiting to
who believe that they are harboring
myth in search of scientific support.”
exhale: Breathing exercises release the
repressed memories, who have recov-
Kihlstrom, J.F. (2002. No need for self-healing process, says therapist. The
ered memories, or who have always repression. Trends in Cognitive Calgary Herald,C1.
remembered their abuse. Sciences, 6, 502.
Last month we received a copy of Memories in Tumors
a Ph.D. dissertation by Elke Geraerts, “The notion that traumatic
“Within the tumor,she says, was
who was inspired by the work of events can be repressed and later
an old unresolved memory of child-
Harvard’s Susan Clancy and Richard recovered is the most pernicious bit
hood abuse she was sure she’d
McNally that has often been reported of folklore ever to infect psychology
already dealt with. Once finally
in this newsletter.[1] Geraerts studied and psychiatry. It has provided the
resolved and forgiven, and the lesson
with memory researchers in the theoretical basis for “recovered
the tumor had been sent to teach her
Experimental Psychology Department memory therapy” -- the worst cata-
had been learned, her body went
at Maasticht University in the strophe to befall the mental health
about the natural process of healing
Netherlands, including Harald field since the lobotomy era.:
on its own.”
Merckelbach . Richard McNally (2005, June 3).
Hooper, N. describing the cancer recov-
We have space in this newsletter Amicus Curiae Letter submitted to
ery of Brandon Bays. Quoted in
only to touch upon her work, but the California Supreme Court in support of
Consumer Health. (2006, June 20).
studies will soon be available in at Elizabeth Loftus. The complete letter
Bays book offers guide to emotional
may be read at: http://www.religioustol-
least eight published papers. In the
freedom. Irish Times,4.
erance.org/rmtmcnally.htm
meantime, anyone who would like
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FMS Foundation Newsletter JULY/AUGUST 2006 Vol. 15 No. 4
similar, based on the testimony of one of their daughter’s
friends to whom she had told this fact. Only the records
could confirm this. Finally, the Johnsons argued that the
therapists failed to gather information from collateral
sources (such as her siblings, parents, or friends) to ensure
rd
Uncharted Ground in 3 -Party Case: Wisconsin
the accuracy of her memories and thus the appropriateness
Judge Orders that Medical Records Be Submitted to
of their treatment.
Court foran In Camera Review [1]
To our knowledge, this is the first time that such a deci-
Johnson vs. Rogers Memorial Hospital sion has been made in a suit brought by parents against the
Case No. 96-CV-1228
doctors and institution that treated their daughter or son.
Wisconsin Circuit Court, Memorandum decision and order,
1.Johnson v. Rogers Memorial Hosp., Inc., 283 Wis.2d 384, 700
June 14, 2006.[2]
N.W.2d 27 (2005).
On June 14, 2006, Wisconsin Circuit Court Judge 2.The Memorandum will be available in the Legal section
Daniel R. Moeser ordered that Rogers Memorial Hospital, at:http://www.FMSFonline.org.
psychotherapist Kay Phillips, and doctors Jeff Hollowell 3. See FMSF Newsletter, 14(5)Legal Corner for a review of this case.
and Tim Reisenauer give him the therapy records of the
c
daughter of Charles and Karen Johnson. He will examine
Ohio Jury Convicts FatherRobinson in
those records privately (in camera)and determine if any of
1980 Murderof Nun
those records can be released to the Johnsons.
State v.Robinson,Case No. 2004 1915,
In 1996, the Johnsons filed claims of malpractice and
Court of Common Pleas, Lucas County Ohio
negligence against various therapists and Rogers Memorial
Hospital for the treatment of their daughter. The Johnsons After six hours of deliberation, an Ohio jury found
brought the lawsuit after their daughter claimed to have Father Gerald Robinson guilty of brutally murdering 71-
recovered memories of childhood abuse, cut off contact, year-old Sister Margaret Ann Pahl on the day before Easter
and had her lawyer send a letter stating that she would sue in 1980 in a chapel. Although Father Robinson had been
them unless they agreed to pay one million dollars. The considered one of the suspects in the 1980 investigation,
case has been in the courts for a decade as the issue of there had never been enough evidence to bring charges
access to patient records has been argued. [3] Without ther- against anyone at that time. The cold case was reopened in
apy records, there is no way to determine with certainty that 2004 when a woman claimed that she had recovered mem-
the treatment was negligent. The daughter and therapists ories of ritual abuse by priests, including Father Robinson.
would not release the records. The Survivors Network of Those Abused by Priests helped
In July 2005, the Wisconsin Supreme Court in a split the woman reopen the case.
decision ruled that a judge could decide if the Johnsons’ The trial garnered international media attention and
daughter’s therapy records should be made available to the was shown on Court TV. Not only was the accusation of a
parents over her and her therapists’ objections. The 2005 priest murdering a nun unprecedented, the charges also
ruling stated that the Johnsons could explain to a judge why included ritual cult activity.
the victim’s records are relevant. If the judge is persuaded The prosecution decided not to focus on the satanic cult
by their arguments, he could then review the records in aspects of the accusations against 68-year-old Robinson.
camera, and provide to the plaintiffs those sections that he Instead they tried Robinson on a straight murder charge.
deems to contain relevant information. The parents might Prosecutor Dean Mandros told the jury: “Was this part of
get many records or none depending on the evaluation of some ritual black mass? No, I’m sorry to disappoint you.”
the judge. He went on to say that it was a rage killing, the common
Judge Moeser’s decision explains that he evaluated the scenario of a man getting very angry at a woman. [1]
arguments of the plaintiffs and the defendants and decided Prosecutors argued that Father Robinson had been angry
that the Johnsons had made a convincing case that the judge because Sister Pahl had complained about the way he con-
should evaluate the therapy records. ducted a Good Friday service the night before the killing.
The Johnsons argued that their investigations showed They said that Robinson considered the victim domineer-
that the therapists had not properly explained to their ing. Prosecutors said that a letter opener belonging to
daughter the possibility of developing false memories. Robinson was the murder weapon and they had witnesses
They argued that without records they could not determine that placed him near the murder scene at the time. The pros-
whether such a discussion took place. They also argued that ecution claimed that the original investigation has been
their daughter had been treated with hypnosis or something compromised because the Church had interfered.
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FMS Foundation Newsletter JULY/AUGUST 2006 Vol. 15 No. 4
The defense argued that the police been difficult to convict Robinson in pating in a Halloween party at a bar in
botched the original investigation and 1980. Since that time people no longer Columbia. After that, events are con-
that 24 years later they had rushed to view priests as being holier than them- fusing. A witness said that he saw a
arrest Robinson because of media selves or better human beings than commotion near the victim’s car but
attention. The defense noted that many themselves. The current climate made could not make a detailed description
of the original witnesses were dead a conviction possible. [3] at the time. No arrests were made.
and many original documents were One effect of the trial may be The event that sparked the arrests
missing. DNAevidence excluded him. increased interest in satanic ritual of Ryan Ferguson and Craig Erickson
No one saw him do it. The defense abuse. For example, retired psycholo- was a tip to the police in January 2004
noted that no one could say for certain gist Wanda Karriker wrote that saying that someone was talking and
that the letter opener had been the because she spent her career working telling his friends that he had been
weapon and that scissors could as eas- with ritual abuse survivors, she was involved in the crime. The origin of
ily been used. interviewed by Lisa Bloom and Vinnie this, according to Ferguson testimony,
Robinson’s defense appeared to be Politan and asked to tell viewers how was that Erickson confronted him at a
weakened, however, because he gave survivors get over ritual abuse. New Year’s Eve party on Dec 31, 2003
two stories about what he was doing Karriker wrote that she was able to with concerns that the two of them had
when the body was found, he denied reach millions of viewers.[4] killed the victim. Ferguson said that
he had keys to the chapel when, in fact, 1. Ewinger, J. (2006, May 11). Jurors sort out Craig told him he had a dream about it.
he did, and he claimed that he heard two accounts of nun’s killing. Plain Dealer, Craig Erickson confessed to the
the confession of the real killer but B2. police. Erickson said that he had
2. Yonke, D. (2006, May 14). Convicted
later recanted that story. recovered repressed memories, and he
priest’slegal woes aren’tover: Civil lawsuit
Father Robinson was sentenced to pleaded guilty to second-degree mur-
accuses cleric of rape and torture from ’68
15 years to life in prison. His attorneys to’75. The Blade. der in exchange for his testimony
have stated that they will file an appeal 3. Seewer, J. (2006, may 15). View of priests against Ferguson. Ferguson was arrest-
has changed since nun’smurder in 1980.
in this case. However, his legal prob- ed in March, 2004 in Kansas City
Associated Press State & Local Wire.
lems are not over. The woman who where he was attending college.
4. Karriker. W. (2006, May 16). Letter. The
originally brought the charges to atten- Ferguson’s trial ended in October 2005
Blade.
tion has filed a civil suit against Father when he was found guilty and sen-
c
Robinson and also the Toledo Catholic tenced to 40 years. Craig Erickson was
Ryan Ferguson Found Guilty of
Diocese. The Toledo diocese refused to sentenced to 25 years.
MurderBased on Recovered
pay any of Robinson’s legal expenses. The story seems straightforward, if
Memories
These were paid by some former a bit strange, until one examines the
State vs. FergusonNo 165368-01, Boone
parishioners who banded together to tapes of the interrogation of Craig
County, MO Circuit Court
support him. Erickson. Erickson seemed to know
According to newspaper reports, Ryan Ferguson, 21, was found nothing about the details of the crime
the “civil suit alleges that between guilty of second degree murder and until the interrogator fed them to him.
1968 and 1975, starting when Jane first-degree robbery on October 21, See the following examples:
Doe was 5 and continuing through age 2005 in Boone County, Missouri. The Example 1
13, Robinson and others forced her to evidence was based on the recovered
Man: How many times do you think
perform sexual acts and made her memories of his friend Craig Erickson.
you hit him all together?
drink animal blood, ‘chanted satanic What is known for certain is that
Erickson: Just the once.
verses,’ and drew an upside down Columbia, Missouri Daily Tribune
cross on her stomach in rituals held in journalist Kent Heitholt was brutally Man: Just once? Well, the only
the basement of St. Adalbert Catholic murdered on November 1, 2001. What problem is—the only problem with
Church and in unspecified wooded is less clear to those familiar with the that is I know he was hit more than
areas.” [2] problems with the reliability of recov- once..
Example 2. Investigators had to point
Comments about the criminal trial ered memories, is that Ryan Ferguson
out where the crime took place.
have noted the very great change in was one of the murderers.
attitude toward the clergy since the On the evening in question, 17- Man: Is it possible that you know
original crime. For example, according year-old high school juniors Ryan what he was strangled with and you
to James Davidson, a Purdue Ferguson and Craig Erickson, friends just didn’t want to tell me? Because I
University sociologist, it would have since junior high school, were partici- know.
FMS Foundation Newsletter JULY/AUGUST 2006 Vol. 15 No. 4 7
Erickson: No, like, I think it was a denied request for new trial. Ryan 2000 decision of the Appeal Court.
shirt or something. Ferguson is appealing the decision. The Missouri Supreme Court
Man: Well, I know it wasn’t a shirt. Zagier, A.S. (2005, October 20). Defendant found that awareness of abuse and
testifies in trial of slain sports editor. recognition of the harm that it had
Erickson: Like, maybe a bungee Associated Press State & Local Wire.
caused is independent of whether the
cord or—I don’t—some thing from Dream killer; Ryan Ferguson accused of
memories of abuse had been sup-
his car. I don’t see why he’d have a killing Kent Heitholt. (2006, February 18).
rope in his car. 48 Hours, CBS News Transcripts. pressed. The decision stated that: “It is
For more information see: not appropriate for this court to make
Man: Well, we know for a fact that
http://www.showmenews.com/Heitholt/ credibility determinations on summary
his belt was ripped off of his pants and
and [email protected]. judgment....Further, it is premature to
he was strangled with his belt.
determine whether Michael can meet
c
Erickson: Really?
this standard.”
Missouri Supreme Court Rules
Man: Does that ring a bell? Deadline forFiling Lawsuit Is In a separate but concurring opin-
ion, Chief Justice Michael Wolff wrote
Erickson: Not at all. Not Triggered Until Victim
that “Whether Powel repressed his
Realizes the Damage
By the time of the trial, Erickson
memory is irrelevant because his
Powel vs. Chaminade CollegeNo.
had all the details of the crime.
SC86875. Supreme Court of Missouri, injuries were capable of ascertainment
Elizabeth Loftus was an expert for the
June 13, 2006, Filed. 2006 Mo. LEXIS 76 when the abuses occurred... .Powel in
defense and pointed out instances
his affidavit says he repressed memory
where the police told Erickson the In a 6—1 decision, the Missouri
of the alleged sexual abuse, but Powel
details of the murder. She testified that Supreme Court has potentially opened
also testified in his deposition that he
Craig was an impressionable young the door to repressed memory cases.
always remembered the alleged
man who read about the murder, then On June 14, 2006, the court ruled that
abuse.” Wolff thought the lawsuit
dreamt about it, and then all the details Michael Powel may proceed with his
should continue but wondered whether
came from the police. When one of the lawsuit against Chaminade College
the case would continue once both
jurors was asked if that made sense he Preparatory School for alleged abuse
sides completed the discovery process.
replied “Not in my mind. Just common 30 years ago. Until now, Missouri
Gerard Noce, an attorney who
sense. What was the reason he would courts have held the statute that
helped represent Chaminade said that
make something up like that?” (48 required filing claims of childhood
“The statute of limitations is still in
Hours) sexual abuse within five years of turn-
place. There’s not a new standard in
Given the sort of doubt that these ing 21, or by age 31, depending on the
place that says a person can know
and many other examples from the law in effect at the time of the alleged
something, then ‘repress’it, then know
interrogation raise, it seems puzzling abuse.
it later.” He thought that repressed-
that Ryan Ferguson was convicted. Powel filed suit in 2002 against the
memory claims brought by people cit-
Perhaps the jury could not understand school, the order that runs the school,
ing a younger age at the time of abuse
why Craig Erickson might be willing former Archbishop Justin Rigali, and
might be more credible to the courts.
to say he murdered someone and take two faculty members. He accused the
Drew Baebler, a lawyer who
25 years in prison, if he did not do it. teachers of molesting him when he was
helped with Powel’s lawsuit noted that
Although the tapes of the interrogation 15 to 17 years old. Rigali was later
every case involving repressed memo-
were shown during the trial, perhaps dropped from the suit. Powel claimed
ries would have to be reevaluated.
the particular suggestive processes he had repressed the memory of the
Patrick. R (2006, June 14). Repressed memory
were not adequately explained. abuse until 2000 when he was under-
abuse suits supported. St. Louis Post-Dispatch,
Perhaps the inconsistencies were not going treatment for a brain tumor. In A1.
clearly mapped by the defense. Most 2004, a circuit court judge dismissed Barbour,C. Patrick, R. (2006, June 19).
people are not as familiar with these his claims saying he had filed too late. Ruling spurs repressed-memory debate.St.
Louis Post-Dispatch, A1.
processes as are newsletter readers. The judge found that Powel was capa-
Attorneys for Ryan Ferguson were ble of realizing damage from the abuse c
Kathryn Benson, Charles Rogers and that had supposedly occurred. Powel
Jeremy Weiss. Prosecuting Attorney appealed, and a three-judge panel of “... more is known than has been
was Kevin Crane. Boone County the Missouri Court of Appeals trans- used intelligently.”
Circuit Judge Ellen Roper presided. ferred the case to the state Supreme Miller, G. A. (1969). Psychology as a means
On December 5, 2005, the judge Court, saying it would not follow a of promoting human welfare.
American Psychologist,24, 1063 - 1075.
8 FMS Foundation Newsletter JULY/AUGUST 2006 Vol. 15 No. 4
The chart below is from the Introduction to the 1999 edition of The Secret Trauma: Incest in the Lives of Girls and Women,
by Diana E. H. Russell (1996, 1999). New York: Basic Books
Table I-1: Contrasting Characteristics of Retrieved, Then Retracted,
Memories versus Continuous Memories of Incestuous Abuse [a]
Retrieved, Then Retracted, Memories Continuous Memories
1. Fathers are typically the first to be singled out as perpetrators 1. Only 4.5 percent of the incest perpetrators in Russell’s study
byfemale clients or by their therapists. were fathers, while 12 percent were other relatives.
2.In one study of retrieved memory cases, biological fathers 2. In Russell’s study, stepfathers greatly predominated over bio-
were accused of sexual abuse in 50 percent of the cases, whereas logical fathers as perpetrators of incestuous abuse.
only 3 percent involved stepfathers.[b]
3. Mothers are typically named as co-perpetrators or collabora- 3. Maternal incest perpetrators are extremely rare; many mothers
tors with the father. are not aware of the abuse by their husbands; and some mothers
confront or leave their husbands if they know about the abuse. [c]
4. The sexual abuse is frequently described as “rape.” 4. Only 9 percent of the incestuous abuse experiences in
Russell’s study involved completed rape (i.e. penile/vaginal pen-
etration).
5. The sexual abuse is never a single incident. 5. Forty-three percent of the incest survivors in Russell’s study
were incestuously abused only once by their perpetrators.
6. The sexual abuse typically occurs frequently and over long 6. Only 10 percent of the incestuous abuse in Russell’s study
durations. occurred more than 20 times, and only 6 percent occurred over
more than 10 years.
7. Incestuous abuse is frequently remembered as starting at very 7. Memory experts typically claim that children below the age of
young, preverbal ages. four are not capable of remembering.[d] In Russell’s study, only
11 percent were below the age of 5 when they were abused, and
the mean age was 11-15 years.
8. The sexual assaults almost always involve multiple perpetra- 8. Only 3 percent of the incest survivors in Russell’s study were
tors. abused by more than one relative.
9. Significantly more females are accused of perpetrating sexual 9. In Russell’sstudy,women comprised only 5 percent of the
abuse in retracted cases. The sexual assaults almost always perpetrators of child abuse, and only 4 percent of incestuous
involve multiple perpetrators. abuse.
10. Many of these women come to believe that they were vic- 10. No case of ritual abuse was disclosed in Russell’s study.
tims of satanic ritual abuse.
11. Many of these women become decidedly more disturbed and 11. Therapy typically ends neutrally or positively for clients.
unhappy during therapy than when they entered therapy,not
infrequently attempting suicide and/or requiring hospitalization.
12. Many of these women fluctuate between believing and not 12. These kind of fluctuations were not apparent in Russell’s
believing their “memories” during the course of their therapy. study.
13. Recovered memories tend to be “built up over time... with 13. Very few of the cases in Russell’s study were elaborate or
more being added at each attempt at recall, often becoming bizarre.
increasingly elaborate and bizarre.[e]
14. Most of the accusations based on recovered memories have 14. No comparative data are available
been made since 1990.[f]
15. Many of these women confront their perpetrators, then sever 15. No comparative data are available
all ties with them.
16. Asmall minority of these women develop multiple personali- 16. None of the incest survivors in Russell's study described suf-
ties (MPD) during the course of treatment, or are perceived to fering from MPD.
suffer from MPD by their therapists.
17. Hypnosis, relaxation states, drugs, regression techniques, and 17. None of these techniques were mentioned in Russell’s study.
dream analysis are often used by the therapists of these women Indeed, therapy was only rarely mentioned. This is not surprising
to try to retrieve more memories of child sexual abuse. since it was a community sample.
aMain source: Russell 1986 cFaller 1988 eBrandon et al. 1998, p.304
bGudjonsson: 1997a, 1997b dBrandon et al. 1998 fGudjonsson 1997b
FMS Foundation Newsletter JULY/AUGUST 2006 Vol. 15 No. 4 9
lonely holidays. far ahead of where we were beginning
I truly didn't know that I would to think we would ever be, I am going
ever be able to write a "breakthrough" to take that advice from people who
letter. We were in for the long haul— have gone through this before us.
Breakthrough after7 years! whatever that would mean. We don't My wife joins me in expressing our
Last Saturday, my husband and I know the timetable of what lies ahead, heartfelt gratitude for your call and
traveled 5 hours to the coast where our but I do know that seeing my daughter your pledge to continue to pray for us.
daughter lives. My husband stayed at a doing so well has lifted a weight from We are so humble and grateful for the
hotel while I went to my daughter's my shoulders and put a new joy in my friends who have stood by us in this
home. Even though our counselor did- heart. horrible event that came so late in life.
n't advise this because of the violation AGrateful Mom AHappy Dad
of her boundaries, I felt I had nothing c c
to lose. After 4 times of ringing the Thank YourforYourSupport
The Therapist’s Invitation
doorbell, I laid my gift on the doorstep
To My Pastor: You will never
and started to walk back to the car. You’ve been depressed? Don’t have
know the joy that came to our hearts
When my daughter realized it was me, it all together? Well come along. I’ve
today when you called and said our son treated many others.
she graciously and unexpectedly invit-
had spoken with you. My wife and I
edme to come in. My tears flowed as I Ihave a great all-purpose diagnosis,
were having lunch at a local restaurant
thanked her for inviting me into her and we can start your treatment on that
when your call came. We make it a
home. basis.
practice of being available to answer
I spent the afternoon visiting with In childhood you were sexually
the phone 24 hours a day, 365 days a
my precious daughter and her husband. molested, and if you don’t recall it,
year. We started this after our son left
It was a bitter/sweet time with an you’ve repressed it.
us 12 years ago. In the unlikely event
emphasis on the “sweet”.
we might get a call during the church Your family’s treatment of you has
They told me they have prayed for
been vile, and if they won’t confess,
hour, it is on a buzzer.
us to be healed, to stop living in denial they’re in denial.
Our hearts were gladdened and
and to get our memories of when we
lifted when our son wrote to us in Confront them, then break off all
abused her so that our family can be
January and advised us that he was contact with them. You must assert
together again. Until we admit what we
your right to be a victim.
now living in a nearby state and want-
did, she said she cannot be part of our
ed to drive down and visit with us. We Your happy memories must be
family. She had been through deliver-
were so excited we could hardly replaced with memories of how you
ance-type counseling by an unlicensed
scratch a letter to him to get in the were debased.
person who was part of a very basic,
evening’s mail. A few days later, we It will take time and lots of cash, but
fundamental Christian church. Her
got an email from him asking about a never mind. The first step is to break
memories of horrific things done to her
particular date. the family ties that bind.
by us are very real.
Do you see the picture? We had not
They want to meet with us again to The memories will come; I have
seen him in nearly 12 years, had never
get some answers to some tough ques- good weapons: Hypnosis, guided
met his wife and could not imagine imagery, suggestions.
tions. We know the door has cracked
what he would look like after 12 years.
open. You won’t get better right away, of
We spent a delightful four hours with
In looking back, we have spent the course, and my beliefs will be your
him and his wife and then they
last 7 years writing newsy letters and sole resource.
returned home. Before he left, he
cards, sending many gifts and also When your insurance will no longer
added that he felt that we had a lot to
sending some photos of others. Most of pay, and you’re cut loose to wobble
go over with him and truer words were
all, though, we have been on our knees your own way,
never spoken. He is expected back in
praying and looking up every Scripture
I’ll wish you well, but don’t expect
two months at which time we will hope
promise we could find to claim as our
a handout just because the treatment
to go over what happened. Those who
own! Here, we found direction and hasn’t panned out.
have been through this tell me to let
strength as we learned God's will for
our son make the first move and just The manufactured memories are
our devastated family. Yes, we worked
listen and be ready to respond. This yours to keep, for worthless though
through grief just as anyone would
they are, they were not cheap.
will be difficult for me, but we are so
who had lost a child. There were many Amom
10 FMS Foundation Newsletter JULY/AUGUST 2006 Vol. 15 No. 4