False Memory Syndrome Foundation - Vol 04 No 08 - 1995 sept

Magazine Overview

This issue of the FMS Foundation Newsletter, dated September 1, 1995, focuses heavily on the legal ramifications and scientific scrutiny surrounding recovered memory and false memory syndrome. The cover headline immediately signals the theme: "The headlines tell the story of FMS this summer. Legal decisions dominated the issue and thus the questions we are asked." The newsletter presents a series of news clippings from various publications detailing court cases, jury awards, and legal challenges related to repressed memories, child abuse allegations, and therapist malpractice.

Legal Decisions and Court Cases

The newsletter extensively covers legal developments. A significant piece details the overturning of the Donna Sue Hubbard mid-80s case, along with similar day-care convictions like Kelly Michaels and the Kellys (Little Rascals), attributing these decisions to a clearer understanding of interviewing techniques and memory reliability. The responsibility of therapists to third parties is highlighted as an emerging area of legal decision-making.

Several specific cases are reported:

• Minnesota Malpractice Case: A Minnesota District Court jury awarded over $2.6 million to a woman alleging her psychiatrist planted false memories of sexual abuse. The lawsuit, Hamanne v. Humenansky, involved claims of medical malpractice, assault, and battery. The jury found the psychiatrist negligent, awarding substantial damages for past and future losses, though the husband's award was for loss of consortium and the daughter received no damages.
• Tuman v. Genesis Associates: A federal judge ruled that parents could sue therapists in a 'false memory' lawsuit concerning allegations that therapists implanted false memories of satanic cult involvement and abuse in their daughter, Diane, who was being treated for bulimia. The court allowed most counts to proceed, distinguishing breach of contract from negligence.
• Rhode Island Supreme Court Brief: The FMS Foundation filed an amicus curiae brief addressing critical questions about the interpretation of statutes related to repressed memory cases involving allegations of sexual abuse by priests.
• British Columbia Court of Appeal: A lawyer found guilty of sexual assault was granted a new trial after the court acknowledged the 'hard-edged debate in the scientific world about recovered memory of early sexual abuse,' noting that memories recovered at a later stage might be contaminated by suggestions.
• Federal Jury Awards $850,000: A federal jury awarded Peter Murray and his family $850,000 in damages after a therapist, Judith Osting, allegedly claimed the father had sexually abused his daughters. Independent evaluations later found no evidence of abuse.
• Appeals Court Overturns Conviction: An appeals court overturned a child molestation conviction in Kern County, citing the 'mass hysteria' climate at the time and the unreliability of children's testimony, suggesting a new trial might occur.
• Souza Convictions Upheld: The Massachusetts Appeals Court upheld the convictions of Raymond and Shirley Souza for sexually molesting their grandchildren, despite arguments about family hysteria and parental suggestion. The court found the evidence sufficient for conviction beyond a reasonable doubt.
• Judges Reject Ingram's Guilty Plea Withdrawal: Paul Ingram's bid to withdraw his guilty plea for admitting to rapes of his children was rejected for the fifth time, with the court stating that advice or urging from third parties does not constitute undue coercion.

American Psychological Association (APA) Paper

The newsletter discusses a paper issued by the American Psychological Association titled "Questions and Answers about Memories of Childhood Abuse." The paper reiterates that it is "impossible, without other corroborative evidence, to distinguish a true memory from a false one." It also states that "experienced clinical psychologists state that the phenomenon of a recovered memory is rare." The newsletter expresses perplexity at the APA's assertion that the issue has not been directly studied, pointing to existing research on stress and memory.

Research Notes and Scientific Scrutiny

Research Note: Non-Science and Real Science by August Piper Jr., M.D., critically examines the definition of "scientific" psychotherapy. Dr. Piper outlines four benchmarks for good science, largely based on U.S. Supreme Court criteria: falsifiability, known potential error rate, rigorous scrutiny, and general acceptance by scientists. He warns against wrapping unscientific beliefs in the cloak of science, especially in courtroom testimony, citing the risks to the legal system. He references "Galileo's Revenge: Junk Science in the Courtroom" by Peter Huber and discusses a Minnesota trial where recovered-memory therapy was deemed not to be science.

Another research note discusses studies presented at the American Psychiatric Association meeting concerning the link between severe, repeated sexual abuse in childhood and damage to brain structure involved in memory, potentially predisposing individuals to dissociation or PTSD. However, the newsletter, quoting experts, cautions against concluding that childhood sexual abuse "leaves a mark on the brain," noting that hippocampal volume changes are seen in various psychiatric disorders and stress conditions. It emphasizes the need for methodologically sound studies to draw such conclusions.

FMSF Audit and Financials

The newsletter includes the FMSF Audit for the fiscal year 1994-1995 (March 1 to February 28). It details that approximately 75% of expenses were for program services (resource location, educational material, newsletter, speakers' bureau, legal resources, archives) and 25% for support services (administrative, office staff, phone, rent). The total budget was $746,800, with Research & Education comprising the largest portion (65%).

Other Topics

• Insurance and Therapy: An article from The Boston Globe reports that individuals seeking disability insurance may be denied if they have had psychotherapy within the past five years, noting a nearly 300% increase in claims based on mental and nervous conditions since 1988.
• Books and Articles: The newsletter lists and briefly describes several recent articles and books relevant to FMS issues, including "Devilish Diagnosis" profiling psychologist Judith Peterson, "The Devil & Dr. Braun" detailing malpractice suits against Bennett Braun, and "War of Remembrance" examining criticisms of the FMSF.
• Speakers Bureau and Continuing Education: Information is provided on the growing FMSF Speakers Bureau and its developing programs for professional conferences and workshops.
• Library Displays: Availability of library displays to promote awareness of repressed memories is announced.
• Rumors: A rumor is addressed, suggesting the FMSF is a front organization for a cryptocracy aiming to contain memories of pedophiles in high places.
• Upcoming Publications: Mentions of upcoming television features and books related to memory and abuse are included.
• Legal Corner: Details a Minnesota jury award and discusses the legal arguments in the Tuman v. Genesis Associates case.

Recurring Themes and Editorial Stance

The recurring themes in this issue are the legal challenges and scientific debates surrounding recovered memories, therapist malpractice, and child abuse allegations. The FMS Foundation appears to maintain a critical stance towards the uncritical acceptance of recovered memory claims, particularly when they lack corroborating evidence and are used in legal proceedings. The newsletter consistently highlights cases where recovered memory claims have been questioned or disproven, and emphasizes the importance of scientific rigor and informed consent in therapeutic practices. The editorial stance is one of advocating for a more evidence-based and cautious approach to memory recovery techniques, particularly in the context of legal and therapeutic interventions, while also providing resources and information to families affected by these issues.

Title: FMS Foundation Newsletter
Issue: September 1995
Publisher: FMS Foundation
Document Type: Magazine Issue

This issue of the FMS Foundation Newsletter delves into the complex nature of memory, particularly autobiographical memory and the controversial topic of false memories. It features book reviews, personal accounts from individuals affected by false memory syndrome (FMS), and updates on the foundation's activities and related legal cases.

Book Reviews

White Gloves: How We Create Ourselves Through Memory by John Kotre

Reviewed by Allen Feld, this book synthesizes psychological and neurological research to explain how memories are continually rewritten. Kotre, a professor of psychology, uses a developmental model to describe memory formation from birth through adulthood, including the concept of 'family memories.' The review highlights Kotre's strength in explaining complex biological aspects of memory in accessible language and his use of personal and case histories. However, the reviewer notes that Kotre makes definitive statements on controversial subjects like MPD (DID) without sufficient documentation, and that some oversimplifications are made, particularly regarding narrative truth and MPD. The reviewer expresses concern that therapists might use Kotre's writings to perpetuate harmful practices.

Rewriting the Soul: Multiple Personality and the Sciences of Memory by Ian Hacking

Reviewed by John Hochman, M.D., this book is described as a scholarly tome that aims to redefine the soul in scientific terms. Hacking believes that debates about memory are essentially about redefining the soul. The reviewer finds Hacking's definition of the soul to be fuzzy and notes that Hacking seems more interested in the interplay of ideas than in their grounding in reality. While Hacking acknowledges the existence of multiple personality disorder (MPD) and views child abuse as an unmitigated evil, his approach is seen as biased, targeting proponents of the false memory syndrome concept. The reviewer expresses concern about Hacking's lack of clear definitions and his tendency to make assertions without documentation.

Personal Accounts and Reader Letters

Clare's Retractor Story

Clare shares her personal journey from believing in False Memory Syndrome (FMS) to becoming a 'retractor.' Initially skeptical of FMS and the FMS Foundation, her experiences in therapy, particularly under hypnosis, led her to believe she had been a victim of incest and later MPD. She describes how suggestive questioning during hypnosis planted false memories. After a period of believing she was a survivor, she began to question these memories and eventually realized they were false. She emphasizes the importance of questioning and the need for balance between believing everyone and believing no one.

A Thank You from 'A Dad'

This letter expresses gratitude to the FMS Foundation Newsletter for helping a father reconnect with his daughter and grandchildren after a period of estrangement caused by false memory accusations. The father recounts the pain and anxiety he experienced when accused of a crime worse than murder and thanks the foundation for its efforts in raising awareness.

'In My Father's House' by A Daughter

A poem reflecting on a daughter's journey of healing and forgiveness, acknowledging lost time and the shattered nature of her perceived reality. It speaks of finding peace and a new family through God's forgiveness.

'A Different Reaction' by Mark Pendergrast

Pendergrast, author of 'Victims of Memory,' responds to a reader who had a negative reaction to his book, particularly concerning his questioning of 'Dr. Q' and MPD specialists. Pendergrast defends his research and expresses concern about MPD specialists who he believes may be creating a disease. He advises the reader to stop being a victim and to re-examine her beliefs.

'Returning' by A Dad

A father shares his experience of welcoming back a child who had been estranged due to false memory issues. He describes the fragile process of rebuilding the relationship and the importance of forgiveness.

'A Rock and a Hard Place' by A Spouse

This piece discusses the difficulties faced by spouses in dealing with FMS-related accusations, highlighting the challenges of maintaining relationships with in-laws and the emotional toll on the family.

'Mother's Day' by A Mom

A mother describes a turning point on Mother's Day where her husband began showing emotions of love and caring, indicating a potential healing in their dysfunctional family dynamic. She credits factors like grace, urgency, and a lawyer's advice for this reconnection.

'Letting Anger Go' by A Mom

A mother recounts the painful experience of her daughter's false accusations of incest against her father, which led to a four-year estrangement. Despite the daughter's initial insistence on her beliefs, the family has begun to reconcile, and the mother has chosen to let go of anger and pain.

'An Observation' by A Professional

A professional notes that the Frontline series has had a significant impact on the therapeutic community, raising concerns about their practices.

'Confusing to Patients: A note to clinicians' by Glen Peterson, Ph.D.

Peterson discusses the confusion that arises when therapists accept the metaphorical value of alter states but then treat these memories as literal reality, particularly in cases of Satanic ritual abuse. He emphasizes the need for therapists to help clients understand the meaning of their stories without necessarily validating them as literal truth.

Commentary and Updates

Comment on British Psychological Society Survey

Leslie A. Miller of Rollins College questions the generalizability of a BPS survey on recovered memories, suggesting that the low response rate (27%) might mean that the majority of psychologists do not believe recovered memories of CSA are essentially accurate.

Update on Status of Some People in Prison

This section provides brief updates on individuals convicted in child abuse cases, including George Franklin, Paul Ingram, Frank Fuster, Jenny Wilcox, and Bruce Perkins, noting that some have had convictions overturned or are facing retrials. It also mentions reporter Debbie Nathan's compilation of cases where new trials may be warranted.

FMSF Meetings and Information

State Meetings

A comprehensive list of FMSF meetings across the United States and Canada for September, October, and November 1995 is provided, including contact information for organizers.

Membership Information

Details on FMSF membership levels (Professional, Family) and subscription rates for the newsletter are included.

Contact Information

Contact details for the FMS Foundation, including address, phone number, and the Executive Director's name, are provided. Information on how to receive electronic versions of the newsletter and join the FMS-Research list is also given.

Recurring Themes and Editorial Stance

The FMS Foundation Newsletter consistently addresses the complexities and controversies surrounding false memory syndrome, recovered memories, and Multiple Personality Disorder (DID). The publication provides a platform for 'retractors' – individuals who have come to believe their recovered memories were false – to share their experiences and perspectives. There is a clear emphasis on questioning therapeutic practices that may lead to the creation of false memories, particularly those involving hypnosis and suggestive questioning. The newsletter also highlights the devastating impact of FMS on families and individuals, advocating for a more balanced and critical approach to memory and therapy. The editorial stance appears to be one of caution regarding the uncritical acceptance of recovered memories and a concern for the potential harm caused by certain therapeutic interventions.