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SPRING 2011 Vol. 20 No. 2 Dear Friends, has received another important award. In February, 2010, For the past 20 years in each newsletter issue, we have the American Association for the Advancement of Science tried to show through the various articles what people (AAAS) honored her with its Scientific Freedom and believe about the reality of “recovered repressed memo- Responsibility Award. ries.” Are people leaning toward acceptance or toward skep- Dr. Loftus was honored “for the profound impact that ticism? When we began in 1992, there was a solid wall of her pioneering research on human memory has had on the belief in recovered memories. Many even seemed to think administration of justice in the United States and abroad.” that “recovered memories” were better than other memories and the fact that she is “an ideal example of a scientist who because they had been kept in some “bubble” in the brain is distinguished for both advancing science and applying it out of the reach of ordinary memory processes of decay or to make critical contributions to society.” Many honors have change. People who were accused of abuse based on this now been awarded to Elizabeth Loftus because of her work belief were told they were in denial if they claimed inno- in false memories and for her courage in dealing with the lit- cence, that they must have repressed the memory also. An igation to try to stop her from publishing some of that work. accused person was guilty if he or she denied guilt and, The awards are from the highest levels of the scientific obviously, was guilty if he or she confessed. To be accused establishment in our country. was to be found guilty. In contrast, on page 5 there is news about misleading The first cracks in that wall of belief came when enough information on one therapist’swebsite. The article is actual- data was collected to show that therapists had used risky ly ludicrous to anyone who knows anything about this techniques to excavate most “recovered memories.” These Foundation or Elizabeth Loftus. The author writes that techniques had already been shown to be suggestive: hypno- Loftus’s prestige has fallen. She doesn’t need to explain sis, guided imagery, sodium amytal, relaxation exercises, Loftus’s many awards because she does not bother to men- self-hypnosis, and survivor groups. Once that realization tion them. The author also claims that the United States was accepted, the idea that “recovered repressed memories” Army provided funding for the FMSF. This misnformation could be inaccurate also began to be accepted. must have been plucked from thin air. The author could eas- From that first opening crack, the wall of belief has con- ily have checked online and learned that the FMSF has tinued to tumble for the past two decades. Judging from the never received such funding. But why let real facts get in the papers and articles and emails that cross our desk, however, way? Although such an article may seem amusing, in its it seems that there has not been as much change in the last absurdity, it is also a bit dangerous. Along with other simi- year or so. Yes, at the higher levels of science, understand- larly ill-informed papers on the web, it can mislead people ing about the malleable nature of memory is well under- with no background or context in the recovered-memory stood. At the popular level, in the media, and among thera- phenomenon. Such misinformed people appear to keep the pists it seems to be a mixed bag. Belief in the notion of repression runs deep in our cultural psyche, and it is a much In this issue... more romantic and dramatic notion than the simple message Legal Corner......................................................................7 of science about the malleability of memory. From Our Readers ..........................................................10 The articles mentioned in this newsletter are good Bulletin Board..................................................................13 examples of the current climate. On page 3 we note that FMSF Scientific Advisory Board member Elizabeth Loftus The next newsletter will be sent in July 2011. 1955 Locust Street, Philadelphia, PA 19103-5766, 215-940-1040, Fax 215-940-1042, www.FMSFonline.org “memory wars” dragging on. and the inadequacy of our legal system for dealing with any- On the other hand, the very fact that people attack the one who many have been wrongfully convicted for murder. FMSF can be seen as positive, in a strange way. It means Ryan Ferguson, convicted when he was 19-years-old is now that they at least know that there is skepticism of their 26-years-old and he is still in prison even though there was beliefs. They may act cultish by not reading what critics say never any physical evidence found and the only two wit- that science has shown to be true about memory—a way to nesses to testify against him have retracted their state- avoid listening to conflicting information that causes them ments.[1]And Joseph Allen and Nancy Smith who have been discomfort. They may repeat all kinds of misinformation free for two years after spending more than a decade in about FMSF or its advisors believing that what they say jus- prison in one of the early day-care hysteria cases have been tifies their not opening their minds to the message of the informed that they are to be prosecuted again. We are FMSF. But they really have to work quite hard to build the reminded of the following statement by Robert Rosenthal: “walls” that let them avoid the discomfort of scientific “Our judicial system is based on the Constitution and is information that undermines their belief system. designed to apply the law with an even hand, providing an For those newsletter readers who have been involved assurance of fundamental fairness, equal protection, and due process to every defendant, regardless of the particular passions with the FMSF since the early 90s, the article about or prejudices of any given moment. Just as the law does not per- Roseanne on page 3 may seem bittersweet. In 1991 mit children who have been victimized to be ignored, it does not Roseanne was all over the airwaves and on the cover of allow unequal access to constitutional protections.” People Magazine with her wild accusations of childhood Although there are still many recovered-memory legal sexual abuse. Has she now retracted? It would appear that cases in the works, most of them are in the category of cler- she has backed off far enough to answer “yes.” Has that gy cases. Most of these seem to be settled for large amounts retraction made the cover of People as did her accusation? of money if they are civil cases but they do not affect case The memory wars grind on in part because of the media pre- law. Some continue through the legal system. Clergy cases deliction to emphasize scandalous and salacious accusa- have been inspiring a new wave of legislatures to introduce tions, not their calm retractions. This predeliction is not bills to extend the statute of limitations for childhood sexu- peculiar to the recovered memory phenomenon but rather al abuse in both criminal and civil cases. to most scientific explanations of extraordinary claims. We expect that no future recovered-memory legal case Wild claims make headlines. Thoughtful, scientific explana- will come close to the combination of heartbreak and joy of tions don’t. the Johnson case reported last month. The decision in this If only it were possible to make the research reported on case did not affect case law but it has affected most FMSF page 4 about a study that failed to find an expected associa- families. That case took almost 15 years to wind its way tionbetween trauma and dissociation (Dutra et al.) as excit- though the legal system. There was joy that the Johnsons ing as a story about multiple personality disorder. Would it were awarded $1million and that the therapists’ negligent speed up the passage of belief in recovered-memories to its care of their daughter was recognized. There was heartbreak ultimate demise? The study is important but surely more because their daughter has not returned, in spite of the expo- people know about the program When the Devil Knocks sure of her negligent therapists and the bankrupt theory on shown by the CBC last fall. (See page 8). Even though the which their practice rested. CBC produced one of the most thoughtful documentaries It is wonderful that so many families have been reunit- ever done about MPD in 1993, a few months ago they aired ed and that those involved can get on with their lives. aprogram that was irresponsibly uncritical of the diagnosis. Unfortunately, there are also still thousands of families that There was no political, social or medical context of the have not reunited and who are coming to the point of giving diagnosis of MPD. Without that, the program sinks to the up hope that they will live to see a change. (See letter p. 10) unfortunate category of “mental illness as entertainment.” It is the accuser who holds belief that his or her recovered Although the director states that the film was intended as a repressed memories of abuse are true who must change. On training video, it was shown to a mass audience. Viewers page 12 is a retractor’s story. We are always impressed at the may be forgiven for gaping at the bizarre behavior of courage of people who can say they made a mistake. “switching” from one personality to another by a mentally Pamela ill person as viewers more than a century ago may have gaped at patients in Bedlam. The CBC should feel embar- 1. See: 48 Hours Season 311 Episode 0326, March 27, 2011 rassed by their airing of this film. Available at: http://www.clicker.com/tv/48-hours/extra:-ryan-ferguson- There are two legal cases reported this month that are police-interrogation-1555624 disturbing. (See page 7). They are not standard recovered memory cases but they do reflect overzealous prosecutions 2 FMS Foundation Newsletter SPRING 2011 Vol. 20 No. 2 American Association forthe that swept this nation in the 1980s and spoke about that accusation. Advancement of Science Honors 1990s. If anyone had told me in R: “I think it’s the worst thing I’ve Elizabeth Loftus with Scientific advance that my scientific commit- ever done. It’s the biggest mistake that Freedom and Responsibility Award. ment to knowledge would make me the I’ve ever made.” target of organized, relentless vitriol In February, 2010, the American O: “Calling it incest? or going pub- and harassment (not to mention expen- Association for the Advancement of lic?” sive litigation), I might have laughed at Science (AAAS) honored FMSF them—“Memory? Who gets angry R: “Well, both of those things...I Scientific Advisory Board member think what happened was that—well, I over different memories?” Elizabeth Loftus with its Scientific know what happened was that I was in Every now and then I’d find Freedom and Responsibility Award. a very unhappy relationship. I was myself wondering, if I’d known this in The AAAS noted that Dr. Loftus is “an prescribed numerous psychiatric advance, would I have made the same ideal example of a scientist who is dis- drugs. Incredible mixtures of psychi- decisions. Would I have decided to do tinguished for both advancing science atric drugs to deal with the fact that I the same kind of research, to spend had, and still in some ways, have and and applying it to make critical contri- countless hours in courtrooms testify- always will have some mental illness. butions to society.” ing for the falsely accused, to write And the drugs and the combination of Founded in 1848, the AAAS is the endless articles in rejoinder to dubious drugs that I was given, were some world’s largest general scientific soci- but persistent clinical ideas? strong, strong drugs, I totally lost ety and publisher of the journal touch with reality in a big, big, way.” Ido know that once faced with the Science. The award is presented annu- Roseanne did visit her father choice between yielding to the wave of ally by the AAAS to honor individual before he died 10 years ago. She has hostility and criticism that my research scientists and engineers or organiza- commented: provoked or standing as strong as I tions for exemplary actions that help could for science and justice, it was a “My father and I had a conversation foster scientific freedom and responsi- no-brainer for me. But it was a deci- where we said the final words we bility. sion that took an enormous personal would ever say to each other, and I Dr. Loftus was honored “for the think that we had come to a new open- toll, which is why this award is so profound impact that her pioneering ing.” meaningful and gratifying to me. research on human memory has had on In her new book Roseannearchy, Welive today in perilous times for the administration of justice in the Roseanne writes: science: conflicts of interest that taint United States and abroad.” research; pressures on scientists to cut “I was mistaken to use the word Zambon, K. (2011, February 11). ‘False mem- ory’investigator Dr. Elizabeth Loftus receives corners to get fast results; a public cul- incest, but I can’t really think of the 2010 AAAS Scientific Freedom and ture that alternates between hostility to another word, and when I do, I’ll use Responsibility Award. Press release. American science and irrational expectations of it.” Association for the Advancement of Science. what science can provide. If we as sci- * * * Although she apparently does not entists want to preserve our freedom Elizabeth Loftus now believe that she suffered “incest,” (and the welfare of others), now more Acceptance Speech forthe Scientific Roseanne also says: than ever we have a responsibility: Freedom and Responsibility Award And that responsibility is to bring our “I want to say that nobody accuses I feel grateful and privileged that science to the public arena and to their parents of abusing them without the research I have done on memory in speak out as forcefully as we can justification to do that. I didn’t just the past three decades has been hon- against even the most cherished beliefs make it up. A lot of things were true and abusive and horrible things that ored for its contributions to science that reflect unsubstantiated myths. happened to me that my father did.” and human welfare. But of all of these c Her present comments are a far cry awards, this one, in honor of Scientific Has Roseanne Retracted? from her early accusations that her Freedom and Responsibility, has a spe- father sexually abused her and that her cial poignancy for me. I never set out In 1991, celebrity Roseanne pub- mother also abused her. to carry the banner for those glorious licly accused her parents of sexually words, freedom and responsibility; I abusing her as a child. That accusation “I remember my mother molesting was merely a scientist interested in the spread around the world and helped to me while she was changing my diaper. fallibility and malleability of memory, fuel the false memory phenomenon. Sally Jessy Raphael (1991, October asubject that turned out to be central to On February 14, 2011, Roseanne was a 11) the “repressed memory” moral panic guest on the Oprah Show and she The climate was certainly different 3 FMS Foundation Newsletter SPRING 2011 Vol. 20 No. 2 in 1991. study. pen in his hand, he spoke with passion "When someone asks you, 'Were you The researchers studied 56 chil- and conviction. He was angry, and so sexually abused as a child?' there are real- dren and their mothers from infancy was I. ly only two answers: One of them is 'Yes,' for 19 years. The families had been I often wondered why he took the and one of them is 'I don't know.' You can't referred for clinical home-visiting ser- time to write me. He, a distinguished say 'No.'" Oprah (1991,November 8) vices because of concern about the professor; I, a former patient holding a Has Roseanne retracted? A com- quality of parent-infant relationships. Bachelor’s degree in psychology. ment from the website of someone Thirty-five nonreferred socioeconomi- Robyn shared his insights and the dif- who identifies herself as a survivor is cally-matched families were compar- ficulties of being an independent revealing: isons. thinker, writer, researcher and author. I Dissociation was measured with think he wrote because we shared the “Well great, but now what she has done is probably made countless vic- the Dissociative Experience Scale. same mission but from different van- tims and survivors question their own Quality of early care was measured by tage points—to address the irrationali- memories, caused many people to dis- observer ratings. Childhood trauma ty of the psychology profession. believe and even scoff at victims who was indexed by state-documented mal- My mind was only beginning to speak about previously repressed treatment, self-report, and interviewer recover from the coercion of being led memories of abuse, and has caused ratings. Dissociation was measured to believe I had multiple personalities. victims and survivors to wonder if when the participants were young I was grateful when he shared the man- speaking up about having been abused adults. The authors hypothesized that uscript of his forthcoming book, House is even the right thing to childhood trauma would be associated of Cards while it was gestating in his do.”Retrieved on March 22 from with dissociation in young adulthood. brilliant mind. He sent me chapters and http://ordinaryevil.wordpress.com/20 11/02/15/roseanne-barr-i-was-the-vic- The results did not show such a I read them thoroughly, squeezing out tim-of-incest-i-wasnt-the-victim-of- relationship. They showed that verbal every morsel of knowledge he offered. incest-oh-well-lets-talk-about-my- abuse and a lack of parental respon- I hope that Robyn knew how much sex-life-instead/ siveness in infancy added to a predic- he helped my mind recover. A look at Roseanne’s original tion of dissociation in early adulthood. Conversing, writing, and thinking was accusations will demonstrate how far Other abuse such as sexual abuse did my return-ride to mental health. We away from them she has moved. You not. didn’t discuss the psychotherapy I fled, might go to People Magazine(October The authors write: or the doctor, or the difficulties I was 7, 1991) at: http://www.people.com/peo- having. We discussed the field of psy- “These findings do indicate that ple/archive/article/0,,20111007,00.html chology and shared ideas. Robyn kept caregiver emotional availability may Much of the recent Oprah program my mind active and I pushed forward play a more significant role in the gen- can be found on the web. Try: esis of dissociation than previously in my recovery. www.oprah.com/.../Outrageous- thought...” What struck me most about Robyn Controversial-Roseanne-Barr-Returns-to- c was his kindness and gracious manner. The -Oprah-Show With Gratitude to For all the retractors out there, I will c Robyn Dawes, Ph.D. share what he wrote on November 30, Study Fails to Find Association Jeanette Bartha 1993. “One of the big appeals of the Between Trauma and Dissociation “survivor movement,” is the message Robyn Dawes and I met in 1993 at Dutra, L., Bureau JF, Holmes B., et al. that “you are not alone.” I’m writing (2009). Quality of early care and child- a meeting of the FMSF advisory board this letter in part because I think many hood trauma: Aprospective study of in Philadelphia. Only a year earlier, I of you who have survived that move- developmental pathways to dissociation. had escaped repressed memory thera- ment might have an interest in know- Journal of Nervous and Mental Disease, py and the FMSF invited me to share ing that you too are, indeed, not 197,(6) 383-390. my experience. alone.” I sat next to Robyn at that meeting The mantra of the recovered mem- and our friendship began. Over the Join the discussions at my blog “Multiple ory movement has been that trauma years we wrote lengthy letters dis- Personalities Don’t Exist” www.jeanette- causes dissociation. Critics of that bartha.wordpress.com. There is no mem- cussing the profession of psychology assumption have pointed to the need bership and comments can be made anony- and what he called psychogists’“cog- for longitudinal studies to show that mously. nitive delusions of omniscience.” He such a relationship exists. Dutra and c spoke in a reserved manner, but with a colleagues have conducted such a 4 FFMMSS FFoouunnddaattiioonn NNeewwsslleetttteerr July/August 1997 Vol.6 No.7 New SurvivorBook A few days after the second ses- dropped a bomb in our midst, pro- You’re Only as Sick as Your Secrets sion, Temm needed support. She began claiming there is no such thing as Donna Jacques Temm, Balboa Press* to realize she had been sexually recovered memories.” abused. This is what Temm wrote: On the contrary, the FMSF pointed Another in the stream of books “Two days earlier, after completing my out that people remember all kinds of written by women describing how they first session of EMDR, my counselor things all the time. The Foundation did came to recover repressed memories of had informed me that it was not raise the issue of historical accuracy of childhood abuse. And as we usually uncommon for people to process 24 to memories and printed the following note, there is no way that this reader 48 hours after such a session. What we statement many times: can know the truth or falsity of any of didn’t discuss was that she had recog- the claims in the book. A reader, can, “Some memories are true, some nized signs (as I would later learn) that however, note if there was a suggestive memories are false and some are a pointed to possible sexual abuse.” environment connected with the mem- mixture of fact and imagination, ory recovery. If the memories were Was the author in a suggestive set- whether those memories are continu- ting? Most certainly she was if her ous or remembered after a time of recovered in a suggestive environment, therapist saw “signs” of possible abuse being forgotten. The only way to the historical accuracy is less likely. in the first meeting and used EMDR to know the truth or falsity of a memory The author, Donna Temm, writes uncover unexpressed trauma stored in is with external corroboration.” that she had struggled with periods of the body. In another example Snyder writes: undiagnosed depression for most of Currently the author is “self- “After its principles successfully her life. During one such episode, she employed as an alternative and mas- advised the defense at the McMartin telephoned her sister who told Temm sage therapist.” She writes that she trial, ‘The False Memory Foundation’ to seek professional help. Temm began relies “on my intuition and ability to was founded in 1991.” Which princi- to recover memories after the second discern and redirect clients’ irregular ples? Who is she talking about? The session with her therapist. She contin- patterns that may be negatively people who founded the FMSF had no ued recovering childhood abuse mem- impacting their well being.” connection with the McMartin trial. Is ories for many years in a number of One wonders what might have she referring to members of the FMSF different therapeutic settings. happened if Temm had turned to a ther- Advisory Board? They did not start the Temm writes that in her first ses- apist with a cognitive-behavioral ori- Foundation nor are they principles, sion the counselor had her make a fam- entation. although they are “principled” and ily tree and then had her talk about past *Balboa Press is a division of Hay House, a experts in issues of memory. relationships. “I was shocked and vanity press (Meriam-Webster: “a publishing Snyder believes the McMartins taken aback when in a very matter-of- house that publishes books at the author’s were guilty and that if the prosecutors fact tone she said, ‘So you’re telling expense”). had spent the money to dig up the tun- me you’ve never had a functional inti- c nels, the results would have been dif- mate relationship with a member of the Beware Misinformation on the Web ferent. “Even though no tunnels were opposite sex. They’ve all been dys- Spotted by a reader in Australia found, and the verdict was ‘not guilty,’ functional.’” Temm asks herself where who sent an email to a member in there were tunnels.” She cites the dis- the therapist came up with that notion Canada who forwarded it to friends, credited work of Gary Stickel. since that was not what she had the Foundation email box was soon Snyder says of the FMSF: described. swamped in early February. What Temm tells us that the second ther- “They also enjoyed major funding, caused such a flood of mail? People apy session involved “EMDR, a even from the U.S. military,. . .” were upset about an article on the web- process that would focus on unex- Funding from the U.S. military? site of a Dr. Faye Snyder called “The pressed trauma being stored in the The FMSF? Ludicrous. FMSF finan- politics of memory: When one is body.” She explains: 'Events perceived cial records are available. Funding is requested to shut the eyes.” as traumatic are stored in a child’s from the contributions of families. As are most anti-FMSF websites, body if the brain has not yet formed the Snyder’s statement is a lie. the content of the article is ludicrous, a synapses that allow communication Snyder writes of the “silent fall” of few facts mixed with falsehoods, innu- between the left and right hemispheres. Elizabeth Loftus and at one point men- endo, and imagination. The first sen- Eventually, unremediated trauma will tions that her work “does not measure tence sets the tone of error: “It has manifest itself in a variety of ways; up to basic scientific standards.” been nearly fifteen years since The often as an emotional imbalance or What? How does Snyder explain that False Memory Syndrome Foundation physical dis-ease.” Loftus was made a member of the 5 FMS Foundation Newsletter SPRING 2011 Vol. 20 No. 2 National Academy of Science? How of Daniel Boone, he was born in A little later, I received another tele- does she explain the copious and pres- Kansas City, Missouri, became an phone call from him inviting me to tigious awards bestowed upon Loftus Eagle Scout, and graduated Phi Beta have lunch with him and his wife, in recent years precisely because of her Kappa from the University of Kansas Charlotte, when they would be visiting research work with false memories? just before the outbreak of the Second San Francisco, where I live. To this We don’t know how Snyder explains it World War. He served as a captain in day, I do not know if he happened to be because she doesn’t mention these the U.S. Navy, much of that time on a traveling through San Francisco on his honors. There is no excuse for such submarine chaser. way back to the east coast or if he sim- misrepresentation. The impact of his life has been felt ply understood my need and made a Faye Snyder even seems to blame in business, politics, religion, and char- special effort to reach out and be of the FMSF for a complaint was filed itable causes. Charles Curry’s interests help. Which ever the case may be, I against her with the California Board and accomplishments are so long and will always be grateful. I have loved of Marriage and Family Therapists.[1] varied, only some of them will be that man ever since! She goes into some depth about the touched upon in this column. He was a He cared deeply about his family issue in her article. prominent and successful business- all of his life. The end of his life was In another section of the papers man, who served as president of the bitter-sweet. The accusing daughter Snyder writes of her own practice: Kansas City Chamber of Commerce came to his bedside during his last and worked to forward important legis- days and a reunion took place after a “Witnessing the results of my own lation, like the ratification of the Equal separation of two decades. There were techniques for depth work causes me Rights Amendment. In politics, he suc- expressions of love and caring - and to believe it is possible to recover memories without any suggestibility, cessfully ran for the judgeship held by Charles finally met his grandchildren, including the suggestion, ‘You are Harry S, Truman before Truman was whom he had never seen. From all the going deeper.’ Almost every week I elected to the U.S. Senate. He served FMS Foundation can determine, per- witness clients recover memories that for a time as treasurer of the haps only 30% of the thousands of they had completely forgotten through Democratic National Committee. families torn apart by “recovered ‘couchwork’, which. . . Most of these Charles was a devout and spiritual memories” have managed to come recovered memories are not about man. He served as church deacon and together again. How wonderful it sexual abuse. When a client of mine as a member of the executive commit- would be if those separated from their recovers such a memory, I believe tee of the Southern Baptist families because of “recovered memo- him. To disbelieve him would be to Convention. He established and fund- ries,” or therapists that recommended harm him further.” ed the Curry Foundation. Through that such separations, would pick up the Beware misinformation on the Web. foundation, he provided financial sup- phone and reach out to correct this hor- 1. Susan Faye Snyder, PsyD, MFT29816, port to many religious, educational and ror while there is still time. (http://www2.dca.ca.gov/pls/wllpub/WLLQRY charitable foundations. Charles Caviness NA$LCEV2.QueryView?P_LICENSE_NUM- Charles Curry was an important c BER=29816&P_LTE_ID=720) force in The False Memory Syndrome Dr. Snyder received her PsyD from Ryokan ACautionary Tale Foundation. In 1992, he became one College of Psychology, a school that is not AHeart Held Ransomed accredited but is “approved” by California. of its founding members. He was often Steve Skotko via Teila Tankersley 2. See: at board meetings of the organization, Available at: http://www.fayesnyder.com/?page_id=27 sharing his wisdom and offering guid- https://www.createspace.com/3576486 ance. His financial support helped c Steve Skotko is an Oregon man make important FMSF projects possi- In Memory of Charles Curry who is suing recovered-memory thera- ble. One of his daughters "recovered pist Marion Knox, a Christian coun- I am sorry to report to the passing memories" of abuse while under a ther- selor. Knox’s bizarre beliefs and treat- of an extraordinary man, Charles apist's care and publicly accused him. ment destroyed Skotko’s family. (See Curry. His life came to an end at his At the service honoring his life several Winter 2011 FMSF Newsletter issue winter home in Key Largo, Florida on people spoke of him quietly reaching for a description.) Skotko has now December 13, 2010. He was 92. This out to individuals at times of trial and published his story in a book: A Heart quiet and modest man had an enor- stress. Their comments resonated with Held Ransomed that is available on the mous impact on many people and insti- me. Shortly after my own daughter web. It is truly a cautionary tale. tutions including The False Memory also falsely "recovered memories of Syndrome Foundation. A descendant abuse," I spoke with Charles by phone. c 6 FMS Foundation Newsletter SPRING 2011 Vol. 20 No. 2 Press Release: National CenterforReason and Justice Nancy Smith and Joseph Allen Case www.ncrj.org RYAN FERGUSON CASE UPDATE January 30, 2011, Robert B. Chatelle State vs. FergusonNo 165368-01, Boone County, MO Circuit Ct In an unprecedented and unconstitutional move, an Ryan Ferguson was 19 when he was convicted of the American court has ruled to send two people to prison murder of a reporter for the Columbia Daily Tribune. The even though they were previously acquitted. 2006 conviction was based solely on the evidence of his The move has sparked outrage among supporters of friend Charles (Chuck) Erickson's recovered memory that the defendants, including the National Center for Reason came to him in a dream. There was no physical evidence and Justice, a legal and advisory group for the falsely presented to connect Ryan to the crime. Indeed, videos accused and wrongfully convicted. available on the web show that Chuck recovered his "mem- Joseph Allen and Nancy Smith were convicted of ories" in the context of outrageously suggestive police inter- child sex-abuse in 1994 in Ohio. As in other cases during rogations. the moral panic of the 80s and 90s, the evidence against When last Ryan Ferguson was mentioned in this these two defendants was inherently unreliable. It includ- newsletter in 2008, his attorney had filed a motion to vacate ed the testimony of small children who had been improp- the conviction based on the argument that Ryan was denied erly and coercively interviewed. his rights to a fair trial because the State did not disclose Virtually all other victims of the child sex-abuse information and evidence in its possession for the defense. panic, such as the McMartins, Kelly Michaels, and Specifically, the State failed to disclose law enforcement Bernard Baran, were acquitted or freed, sometimes years interviews with a person who claimed to have additional or even decades later, on appeal when common sense information about the murder. Ryan was effectively barred began to override irrational panic. But Smith and Allen by the state from investigating a plausible suspect for his remained in prison until 2009. During a hearing that year defense. That motion was denied, as was an appeal filed in on a procedural matter, a judge ordered them acquitted 2009 after Charles Erickson retracted his original testimo- due to lack of evidence. (For more information see ny.[1]In 2010, an appeal was made to the Missouri Supreme http://www.ncrj.org/cases.) Court which should issue its decision in early May, 2011. But on January 27th, 2011, the Ohio Supreme Court Since the 2010 appeal was filed, another person has ruled that the judge who acquitted them lacked the author- now retracted her trial testimony. The only two people to ity to do so. The court reinstated the dubious convictions testify against Ryan have both retracted. and ordered Smith and Allen back to prison. An overview of the Ferguson case was presented by “48 We know of no other instance in American law where Hours” on March 27, 201l. [2] That program, which is avail- a Court has attempted to imprison the acquitted —a bla- able on the web, presents amazing evidence of the multiple tant infringement of Constitutional protection against errors that were made by the prosecution which resulted in double jeopardy, as well as the constitutional principle of Ryan’s wrongful conviction. Ryan was 19 and just starting Due Process of Law. college when he was convicted. He is now 26 and instead of The NCRJ has sponsored Nancy Smith’s and Joseph college, has spent the intervening years in prison. Allen’s cases for years, and we firmly believe in their 1. See http://www.columbiamissourian.com/.../erickson-says-he-acted- alone-heitholt- slaying/ - innocence. They will continue to have our full support. 2. See: 48 Hours Season 311 Episode 0326, March 27, 2011 We will fight for them until justice is achieved. Available at: http://www.clicker.com/tv/48-hours/extra:-ryan-ferguson- police-interrogation-1555624/ c c “Ourjudicial system is based on the Constitution and is designed to apply the law with an even hand, providing an assurance of fundamental fairness, equal protection, and due process to every defendant, regardless of the particular passions or prejudices of any given moment. Just as the law does not permit children who have been victimized to be ignored, it does not allow unequal access to constitutional protections.” Robert Rosenthal. (2002). Developmental Review 22, 334-369 FMS Foundation Newsletter SPRING 2011 Vol. 20 No. 2 7 Canadian Broadcasting System personalities (alters) were taking over killed in the crash. Takes a Giant Leap Backwards: from her. 1. (1993, November 9). Mistaken Identities. Training forMPD Hilary had 35 alters, “a phalanx of Fifth Estate. Canadian Broadcasting System. 2. Gelinas, B. (2011, January 25). When the When the Devil Knocks inner children who fought to protect devil knocks. Vancouver Sun. Retrieved on CBC January 26, 2011 Hilary’s core self from memories of March 23, 2011 from http://www.vancouver- Bountiful Films horrific childhood abuse.” Cheryl sun.com/story_print.html?id=4166028&spon- http://www.cbc.ca/documentaries/passion- Malmo, Hilary’s therapist, states that sor= ateeyeshowcase/2011/whenthedevil- 3. In the 18th century people in London used to she saw her job as convincing each of knocks/ go to Bedlam to stare at the lunatics. For a the alters “that the abuse is in the past” penny one could peer into their cells, view the In November,1993, the Canadian and that “it is safe to give up their freaks of the "show of Bedlam" and laugh at Broadcasting System’s Fifth Estate memories to Hilary and, finally, to their antics.(Bedlam is short for Bethlem Royal program aired an outstanding docu- merge their personality with hers.” Hospital.) To see the trailer for this film, go to: mentary about multiple personality Hilary said: “For years, my alters went http://www.youtube.com/watch?v=8V0Jza4p8I disorder MPD). The program featured to therapy and I wasn’t there for more U&NR=1 - Trailer. experts both supportive and critical of than five minutes.” c the diagnosis. Therapy sessions of Dr. Cheryl Malmo has a private When Does “Oral History Data patients of Colin Ross, MD, were psychotherapy practice in Edmonton, Collection” UnderHypnosis shown and viewers could make their specializing in adult survivors of child- Become Facilitation of False own judgments since the sessions were hood trauma, sexual violence and Memories and Confabulations of shown in the context of the controver- women’s issues. She counseled each of Personal History? sy. [1] Stanton’s alters as a whole person, a When the Devil Knocks is a giant new client in the same woman, and David Jacobs, Ph.D., Associate leap backwards for the CBC, even obviously talked extensively to each of Professor of History at Temple though the film’s website states that them. When the Devil Knocks could University, studies twentieth century the documentary had a “truly tri- have done some service, perhaps, if popular culture, but he is best known umphant appearance at the Vancouver this practice of talking to alters were in the field of Ufology for his research Film Festival in October 2010.” put in the context of critics who con- in alien abduction and UFOs. Jacobs is This new documentary about tend that symptoms of MPD disappear neither an M.D. not a psychologist. MPD incorporates material from 40 when the alters are ignored. This is one “Emma Woods” is a former hours of tapes of the actual therapy of many important issues that were research subject of Jacobs. Emma sessions of Hilary Stanton. The tapes neglected. claims that Jacobs conducted 91 hyp- were filmed over a period of 12 years Without the political, social and notic regressions with her during 37 and the documentary was made to help medical context of the diagnosis, the hypnosis sessions during two years train other therapists in the treatment program falls into the unfortunate cat- between December 2004 and February of Dissociative Identity Disorder (for- egory of “mental illness as entertain- 2007. She claims, among many things, merly Multiple Personality Disorder). ment” even though the director states that he put “hypnotic suggestions” in Areview in the Vancouver Sun noted: that it was intended as a training video. her mind that she had Multiple “In the film, director Slinger treats the If it was intended as such, why is the Personality Disorder and that she legitimacy of the illness as a foregone program being shown to a mass audi- should take medication for it. conclusion, and instead of examining ence? Viewers may be forgiven for Emma Woods has created a well- it politically or in broader context, gaping at the bizarre behavior of documented website about her experi- chooses to focus specifically on “switching” from one personality to ences as a research subject of David Stanton's experiences living with another by a mentally ill person as Jacobs. D.I.D. and her attempts to best it.”[2] viewers may have gaped at Bedlam [3]. (See: http://www.ufoalienab- According to the file, when Hilary The experts for this film were ductee.com/hypnosis/information- Stanton of Edmonton, Alberta was in Frank Putnam, M.D. and Ruth Lanius, hypnosis-david-jacobs.html) her mid-forties, she had a breakdown Ph.D., M.D. Woods’ charges present serious that resulted in her entering therapy. An unfortunate postscript to the issues for the study of abductees and Until then, Stanton had assumed that video: Stanton was on vacation in the credibility of the research results the gaps in her memory were normal. Mexico with her wife Debbie, when and methods. On her website, Emma In therapy, however, she learned that they struck a dead animal on the road. has posted transcripts and tapes from those gaps were really times that other Debbie survived, but Stanton was some of her sessions with Dr Jacobs. 8 FMS Foundation Newsletter SPRING 2011 Vol. 20 No. 2 Following is an example: telephone because she lived in another confabulated as a result of this. The country. She was referred to Dr. Jacobs detailed summaries and sketches that I DR. JACOBS: “I'm going to count by her former therapist. For a good have presented of what I remembered from five to one, and just remember under hypnosis (see Hypnotic part of her life, Emma says that she has now, my diagnosis is that this is Regressions with Dr. David Jacobs - Multiple Personality Disorder and you had anomalous experiences. The thera- Summaries) should be viewed with should take medication for it. I have pist that she was seeing in her own this in mind.” seen lots of cases of MPD, and this country sent an email to David Jacobs Emma did file a complaint with absolutely fits the MPD profile. And, asking for information and advice in my professional diagnosis therefore is dealing with Emma’s case of anom- Temple, but apparently Temple decid- Multiple Personality Disorder. I am ed that Jacobs had engaged in no alous experiences. He and Emma both studying it. I am writing a book about wrong-doing. The University referred believed, that Dr. Jacobs could help it. That is my next book. I feel that the to his hypno-regression sessions as Emma research what she considered to whole, sort of, alien business is all a oral history data collection. be anomalous experiences. In a 2002 matter of Multiple Personality Dr. Jacobs has claimed that Emma psychological assessment of Emma Disorder. It’s a much more wide- is engaging in a “defamation cam- spread phenomenon than people her therapist mentioned that Emma paign” against him. and has posted pri- think. Lots of people are walking had never undergone hypnosis and vate information about her. around with it. It’s a public health that: Be that as it may, the fundamental problem. And that, you are unfortu- nately suffering from it. And, my “Emma does not believe that they issue of the use of hypnosis in alien are necessarily UFO type experiences opinion is that yours is a classic case, abduction research has definitely been but is currently exploring that possi- and that – that the only thing that will brought to light. It certainly raises bility as the experiences follow a sim- help you will be medication. ... your many doubts about resulting claims. ilar pattern of that associated with the stories, I am only interested in the fact documented UFO phenomenon.” c that you tell those stories, because multiple personalities are all different. Contact was made and after Emma SOME BOOKS OFINTEREST As you know, that each – each indi- signed a Temple University consent vidual within Multiple Personality form, she underwent many hypnotic The Trauma Myth: The Truth Disorder … comes out. And, I think About the Sexual Abuse of sessions by telephone starting in 2002. that we’ve been dealing with three or Children and Its Aftermath Dr. Jacbos did tell her that it is possible four personalities here … yours is, in Susan A. Clancy to confabulate false memories under fact, Multiple Personality Disorder. hypnosis. Emma was alone during Remembering Trauma And, when people want to talk to you about the - about your contact with these sessions. No therapist was with Richard McNally me, that is the first thing you tell them. her. Science and Pseudoscience in I have decided it is all Multiple In late 2005, Jacobs suggested Clinical Psychology Personality Disorder, and that’s what that, Emma publish her accounts S. O. Lilienfeld, S.J. Lynn, J.M. Lohr I’m going to be talking about. Apsy- anonymously on the web. At that point chiatric condition. Multiple the relationship with Dr. Jacobs seems Psychology Astray: Personality – Personality Disorder, to have fallen apart. Emma claims (and Fallacies in Studies of “Repressed well-known in the world. And, you has posted many tapes) that Jacobs Memory” and Childhood Trauma think I may be wrong, but I think that began issuing warnings about conspir- Harrison G. Pope, Jr., M.D. I’m right. And, that’s what it is. And, acies and alien hybrids. Things became this is what it is. And - and this is Remembering OurChildhood: stranger and stranger. Whatever the where my studies are leading. My How Memory Betrays Us studies are going directly to Multiple spark, Emma stepped back from the Karl Sabbagh Personality Disorder. And that’s all work with Jacobs in 2007. By late there is to it. So, now I’ll count from 2009 she wrote: Making Minds and Madness: five to one and bring you out of this. From Hysteria to Depression “Later, in mid-late 2009, an analysis And, we’ll talk about MPD a little bit Chapter 3 of the recordings of all of the hypnot- more. Five, kind of coming out of this “ABlack Box Named Sybil” ic regressions that Dr. Jacobs conduct- ... “ Retrieved 3/24/11 Mikkel Borch-Jacobsen ed with me showed that he engaged in fromhttp://www.ufoalienabductee.co extensive leading and suggestion, Try to Remember: Psychiatry’s m/david-jacobs-suggestions- which I was not fully aware of at the Clash OverMeaning, Memory, mpd.html time. It is probable that many of my and Mind Emma’s hypnosis sessions were by hypnotically retrieved memories were Paul McHugh, M.D. 9 FMS Foundation Newsletter SPRING 2011 Vol. 20 No. 2 times we had had on vacations. It was I thought of you and wanted to as though nothing had ever happened. share my thoughts. All smiles! S.W., M.D. What Caused the Change? My daughter was the person I c remembered but had not seen for 18 In 1991, my daughter accused me False Memory Is years. I had missed her graduation of sexual abuse. At the time, I was liv- Destroying OurHope from college, her marriage, and the ing thousands of miles away but decid- birth of two grandchildren. My son-in- Despite my wife’s optimism, I ed to move closer to her to try to under- law was cordial and talkative. think that life has moved down the stand what was going on. In 1993, I I wonder what brought about my road too far for relationship repair, went to see my daughter. The day daughter’s decision to see me. Her hus- even if the principals desired it. It's one before our scheduled meeting, a friend band has just lost his mother to cancer. of those un-ringing the bell sorts of sit- told me to listen to NPR to a program Could that have been a factor? Time uations; too much damage left untend- about recovered memories. I don’t will tell if I ever get to see her children ed for too long for trust to stand a know what I would have done without and whether this relationship will keep chance anymore. There are grandchil- learning about FMSF because the on improving. dren in the equation now, so we hear, meeting with my daughter was part of All this took place after I had just and it might be that these persons will her therapy -- a confrontation. She about convinced myself that I would eventually try to check us out, a possi- claimed she had learned that I never see my daughter again because bility rife with screenplays which I belonged to a cult and would take her of my poor health. Prayers do some- have no wish to imagine. We'll deal out in the middle of the night to a times work. with what comes up when it comes up wooded area to be raped by me and An overwhelmed and happy Dad if it comes up. other people. I asked where her mother Our original longing for fixing c was but she had no answer. things has quite vanished, and it seems In 1997, my daughter sent me a Email Note to me that any latter-day moves into note saying that she loved me but that From One FMSFFriend to Another some kind of rapprochement will be she was saying “goodbye.” In 2005, I more trouble than they are worth. How Today, at a child psychiatry con- decided to phone my daughter. In our much responsibility might modify that ference, I heard a presentation by Dr. second conversation she told me she view in the face of a sea change is Charles Scott, on the faculty at UC had continued therapy and that she did moot. Davis, an expert in forensic interview- not even remember the meeting in Re-writing history in the posture ing in child sexual abuse. He presented 1993 or anything that was said. of “what if” and “if only” seems a information from the McMartin Day We spoke on the phone for over a waste of time, but we are still moved, Care Center investigation and material year. She was on one coast and I was almost daily, into a speculative state. from the Fells Acre Day Care Center on the other at the time. I never This is because there is such a mystery case as examples of how an investiga- brought up the accusations. One day at the core of the situation, that it com- tion can go off track. He also presented when I called, she did not sound like pels speculation, although we have the research on the reliability of vari- my daughter. She said she didn’t want long-understood that such pondering ous child interviewing practices and to talk to me and hung up. gets us nowhere except into deeper how they can be led astray. I recently took a trip close to the melancholy. I have to pull back all the His talk was well received and area where my daughter lives. Before I time from assumptions about other accepted by the group. I thought to left home I called to see if I could see persons' roles in what may have tran- myself how it has taken twenty years her and the two grandchildren. Her last spired, but it’s tough to resist and to get to this point. I thought how the words were: “You’ll never see the tempting to do. Assumptions are FMS Foundation had been a part of the grandchildren!” I told her when I always thin-ice on which to try to effort to restore sanity during this time. would be there but I did not plan to call understand things. I don't know if they I further thought about how fortunate her again. are ALWAYS wrong, but they are we personally were to have worked out On the last day before leaving to always part wrong in my case. the issues with our daughter, and of visit another of my children, my So, we are left with a conundrum, those who have suffered so greatly, in daughter called and said that she want- and little motivation to address it in prison, families fractured, careers ed to see me. We met that evening with real time. It would be pleasant to think destroyed, who had been caught up in her husband. They treated me to dinner that the “truth will out,” and that “jus- the storm. and we talked about some of the happy 10 FMS Foundation Newsletter SPRING 2011 Vol. 20 No. 2

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