False Memory Syndrome Foundation - Vol 04 No 09 - 1995 oct

Magazine Overview

Title: FMS Foundation Newsletter
Issue Date: October 1, 1995
Volume: 4, Issue 9
Publisher: FMS Foundation

This issue of the FMS Foundation Newsletter focuses on the growing public and judicial skepticism towards repressed memory claims, particularly in the context of child abuse allegations. The publication highlights a shift in perception, referencing the McCarthy era and the overturned convictions in the Amirault case as pivotal moments.

Key Articles and Themes

The Shifting Landscape of False Accusations The newsletter opens with a powerful quote from the McCarthy hearings, "Have you no decency?" This sets the tone for an issue that addresses the increasing public and judicial scrutiny of false accusations of sexual abuse. The "Amirault case," where Violet Amirault and her daughter were released after being convicted in the Fells Acre Day Care case, is presented as a significant event marking a "real shift in the public perception and acknowledgement of the problem of false accusations of sexual abuse." The review of the 20/20 program on this case, as reported in the Boston Globe, is seen as a catalyst.

Several newspaper articles are cited, including "Abusing justice, in the name of children" (Boston Globe), "The abuse of child abuse" (Rome, GA News-Tribune), and "False charges, ruined lives" (The Toronto Sun), all pointing to a national trend of citizen groups working for justice for the wrongfully accused. The FMS Foundation emphasizes that this shift is occurring without compromising the effort to deal with child abuse, aiming for a better balance between protecting children and maintaining the justice system.

The Role of Memory and Suggestibility Fred Frankel, M.D., in The New England Journal of Medicine, explains his support for the FMS Foundation, noting that professionals with no special agenda are questioning the emphatic assertions about memories of childhood trauma. The core issue is the scientific evidence for repressed memories, and the FMS Foundation is concerned with disseminating accurate information about memory and suggestibility. The newsletter suggests that the courts are increasingly recognizing the impact of memory and suggestibility, playing a role in the shift.

Documenting the Problem of False Memories The FMS Foundation has frequently been asked for numbers regarding individuals affected by false memories. While they previously documented the problem by reporting numbers, they now believe it is clear that false memories are a social problem. The newsletter states that when 1,000 people report similar circumstances, it indicates a real problem, and when 10,000 people make similar reports, it is a serious problem needing examination. The Foundation stopped reporting numbers after documenting the existence of the problem, noting that professional organizations have responded to FMS, supporting their position.

The subsequent question is how the problem happens. The FMS Foundation sponsored a conference in April 1993 titled "Memory and Reality: Emerging Crisis." The past two years have seen numerous scholarly papers and books addressing how people can come to believe in things that did not happen, including research on implanted false memories, the relationship between eating disorders and sexual abuse, and the documentation of abuse histories for MPD patients. Television documentaries and court documents are also cited as resources.

Continuing Education and Professional Conferences The FMS Foundation, in conjunction with Johns Hopkins Medical Institutions, is finalizing details for a series of one-day professional conferences in the spring of 1996. These conferences will offer medical continuing education credits and will be held in San Diego, Atlanta, Chicago, and Boston. Paul McHugh, M.D., and Pamela Freyd, Ph.D., are among the presenters. Plans are also underway for another national conference in Baltimore in the spring of 1997. Discussions are also occurring with members of the bar to present continuing education programs for legal professionals.

Recent Articles and Legal Cases This issue reviews several recent articles and legal cases related to repressed memory and child abuse.

• "The truth, the whole truth and nothing but the truth?" (Los Angeles Times) by Elizabeth Loftus discusses how rehearsing memories, even inaccurate ones, increases confidence, and how juries are impressed by confident witnesses regardless of accuracy.
• "Where does research on the effectiveness of psychotherapy stand today?" (Harvard Mental Health Letter) by Steven J. Kingsbury, M.D., Ph.D., examines the effectiveness of various therapies, noting that behavioral and cognitive therapies are often more effective than medications for certain disorders, and that most psychotherapies are short-term.
• APA to Pursue Prescription Privileges: The American Psychological Association voted to develop curricula to prepare psychologists to prescribe medication.
• "How can I remember when 'T' wasn't there: Long-term retention of traumatic experiences and emergence of the cognitive self" (Howe, Courage and Peterson) is discussed, exploring the discrepancy between scientific evidence on infant amnesia and reports of recovered memories.
• The Pros and Cons of Dissociative Identity (Multiple Personality) Disorder by David Spiegel, M.D., and Paul McHugh, M.D., presents differing perspectives on MPD, with Spiegel arguing it is naturally occurring and McHugh viewing it as a culturally driven misdirection.
• Connecticut Court upholds Constitutionality of State Statute of Repose: The Connecticut Appellate Court upheld a law allowing victims of child sexual abuse until age 35 to sue, citing the unique emotional damage of childhood sexual assault.
• Supreme Judicial Court of Maine to Review a Repressed Memory Related Claim: The court will decide whether the statute of limitations is tolled during the period a plaintiff allegedly repressed memories of childhood abuse.
• Michigan Supreme Court Limits the Use of Expert Opinion Testimony in Child Abuse Cases: The court ruled that experts cannot testify that sexual abuse occurred or vouch for a victim's veracity.
• Woman Files Lawsuit Against Prairie View: A lawsuit alleges that a mental health institution performed exorcisms on a patient diagnosed with multiple personality disorder.
• Jury Awards Former Patient $204,000: A Wisconsin psychiatrist was found negligent in the treatment of a former patient diagnosed with Multiple Personality Disorder.
• Repressed Memory Suit Settled: A case where a plaintiff claimed repressed memories of childhood abuse was settled out of court.
• MPD Plaintiffs Awarded $4 Million: Two women sued the estate of a psychiatrist for malpractice and sexual abuse, resulting in a significant award.
• Panel upholds immunity for abuse reports: A California appeals court upheld a law granting immunity to counselors who report suspected child abuse.
• Overturned Convictions Suggest Changes in Standards for Investigating Sex Abuse: The newsletter notes a trend of overturned convictions for mass child molestation in day care centers, citing the Amirault case.

Book Review: "Memory and Abuse: Remembering and Healing the Health Communication" by Charles Whitfield

Dr. John Hochman reviews Charles Whitfield's book, criticizing its "take no prisoners" approach and its alleged personal attacks on Pamela Freyd and her husband. Hochman argues that Whitfield demonizes the opposition, misrepresents evidence, and uses word games to support the memory recovery movement. The review highlights Whitfield's assertion that most American families are dysfunctional and that disagreement with his theories indicates "sickness" or "backlash." Hochman also points out that Whitfield's book relies heavily on retellings of ideas from other authors and selectively cites references supportive of the false memory syndrome concept.

Legal Corner: Repressed Memory Theory Fails Kelly-Frye Test

This section details a California case where a repressed memory suit was dismissed after the court ruled that the repressed memory theory and retrieval process constituted "junk science" based on the Kelly-Frye test for the admissibility of scientific evidence.

Recurring Themes and Editorial Stance

The FMS Foundation Newsletter consistently advocates for a critical and evidence-based approach to memory recovery claims, particularly those involving allegations of childhood sexual abuse. The publication highlights legal and scientific developments that challenge the validity and reliability of repressed memory testimony. The editorial stance is one of promoting informed decision-making by disseminating accurate information about memory, suggestibility, and the potential for false memories. The newsletter actively critiques therapeutic approaches that it deems harmful or pseudoscientific, while also providing resources and support for families and professionals navigating these complex issues. There is a strong emphasis on the need for scientific rigor and due process in legal proceedings involving memory claims.

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

This issue of the FMS Foundation Newsletter focuses on legal developments and personal experiences related to False Memory Syndrome (FMS), child abuse allegations, and the impact on families. It highlights significant court decisions, provides updates on ongoing cases, and features letters and accounts from individuals who have experienced or are involved in FMS-related situations.

Legal Cases and Court Decisions

The newsletter leads with several high-profile legal cases where convictions based on alleged child abuse have been overturned. The Amirault case in Massachusetts saw convictions declared null and void due to the lack of face-to-face confrontation for child accusers, a ruling influenced by a 1994 Supreme Judicial Court decision. The article notes the potential for prosecutors to appeal or undertake new prosecutions.

Another significant case is that of Margaret Kelly Michaels, whose 1987 conviction for assault and abuse against 20 children was overturned by a New Jersey Appellate Court in 1993. The court cited "egregious prosecutorial abuses" and concluded that the children had been influenced. Michaels is pursuing a $10 million federal suit against those involved in her prosecution.

In California, the conviction of Donna Hubbard, one of 37 people prosecuted in Kern County for child molestation in the 1980s, was overturned by the 5th District Court of Appeal. Hubbard's son later recanted much of his testimony. The article mentions that 14 out of 26 convicted individuals in Kern County have had their convictions overturned.

The North Carolina Supreme Court rejected prosecution requests to review a ruling that overturned the convictions and life sentences of Robert Kelly and Kathryn Wilson, granting them new trials. They were charged with over 400 counts of sexually abusing youngsters.

Legal experts, like John Myers, a professor of law at the University of the Pacific, are quoted discussing the importance of the Sixth Amendment's guarantee of face-to-face confrontation and cross-examination in these cases.

Personal Accounts and Experiences

The newsletter includes several deeply personal accounts from individuals and families grappling with FMS and its consequences.

"Counselor's Insistence" describes a person's experience with a therapist who insisted on a repressed memory of childhood sexual abuse by her father, despite the individual's own recollections and sensitivities. This led to a breakdown in the therapeutic relationship and personal distress.

"Family Destruction" is a poignant letter from a parent whose family was torn apart by accusations of sexual abuse stemming from therapy. The writer details the shock and pain of being accused by her daughter and son-in-law, the subsequent estrangement, and the tragic death of another daughter, attributing some of the stress to the unresolved accusations.

"Coping" is a letter from a parent whose daughter accused her and her husband of abuse. The writer describes the difficulty of accepting the accusations and the subsequent year and a half of therapy that led to the "brainwashing" fading. The letter expresses hope for reconciliation and acknowledges the pain caused to the family.

"To My Sister" is a letter from a sibling addressing another who has accused their parents of abuse. The writer expresses love and a desire for reconciliation but also frustration with the sister's actions and the impact on the family.

"Did we make it too easy?" is a joint account from a father in Texas reflecting on his daughter's return after a period of estrangement due to FMS accusations. He discusses the challenges of reconciliation, the desire for his daughter to acknowledge error, and the concern that their efforts to help might have inadvertently contributed to her susceptibility to FMS.

"Do my feelings count?" is a brief reflection from a parent who feels violated by accusations, despite knowing they did not sexually abuse their children. The writer questions how to navigate their own feelings when the accuser is unwilling to admit fault.

"They all hugged me!" is a powerful account from a "retractor" who, after years of therapy, realized her memories of abuse were false. She describes the process of waking up from the "fog" of therapy, apologizing to her family, and experiencing their loving acceptance and forgiveness.

"Thank You FMSF" is a letter from a father expressing gratitude to the FMS Foundation for helping his daughter return to the family after her involvement with FMS. He recounts the joy of walking her down the aisle at her wedding, attributing her recovery to the Foundation's support.

Foundation Information and Resources

The newsletter includes several sections dedicated to the FMS Foundation itself.

"MAKE A DIFFERENCE" columns encourage readers to get involved by sharing ideas, contacting local libraries and churches, and informing others about FMS. It also provides instructions on how to make donations and gift subscriptions to the FMSF Business Office.

"FREE LIBRARY DISPLAYS" are advertised, offering information about books on false memories and their effects.

"REVISED BIBLIOGRAPHY" is announced, detailing the expanded resources available from the Foundation, including articles and legal materials on various related topics.

"FMSF Meetings" lists upcoming meetings across the United States and internationally, providing contact information for attendees.

"YEARLY FMSF MEMBERSHIP INFORMATION" outlines the costs for professional and family memberships, as well as options for additional contributions and payment methods.

"What IF?" section poses hypothetical scenarios about the potential loss of the FMS Foundation, emphasizing its importance and urging readers to support its work.

Contact Information for the FMS Foundation, including its address, phone number, and Executive Director, Pamela Freyd, Ph.D., is provided, along with a list of the Scientific and Professional Advisory Board members.

Recurring Themes and Editorial Stance

The recurring themes in this issue are the legal and societal implications of False Memory Syndrome, the devastating impact of unsubstantiated abuse allegations on families, and the role of therapy in potentially creating or reinforcing false memories. The FMS Foundation's stance is clearly one of advocacy for those accused of FMS-related crimes, emphasizing the need for due process, critical examination of memory recall, and support for families experiencing estrangement and reconciliation. The newsletter aims to inform the public, provide resources, and foster understanding of the complexities surrounding FMS.