False Memory Syndrome Foundation - Vol 04 No 10 - 1995 novdec

Magazine Overview

Title: FMS Foundation Newsletter
Issue Date: November/December 1995
Volume: 4, No. 10

This issue of the FMS Foundation Newsletter critically examines the controversy surrounding recovered memory therapy (RMT), false memories, and alleged patient abuse within the mental health field. It highlights the impact of the Frontline documentary "The Search for Satan" and discusses legal cases, professional ethics, and scientific evidence related to these issues.

The "Search for Satan" Documentary and its Aftermath

The lead article, prompted by the airing of the Frontline documentary "The Search for Satan," questions the silence of major psychiatric and psychological organizations regarding satanic cult conspiracy theories. The documentary is cited for its documentation of patient abuse and mental health fraud, particularly focusing on the extreme form of RMT involving belief in intergenerational satanic family cults, which allegedly occurred even in prestigious teaching hospitals like Rush Presbyterian in Chicago. The article criticizes the professional organizations for not taking a stance, despite FBI and government reports finding no evidence of such cults. The case of Raymond and Shirley Souza, accused by their daughter of operating a satanic cult, is mentioned as an example of families being torn apart.

Professional Organizations and Scientific Evidence

The newsletter emphasizes the need for mental health professionals to base their practice on scientific evidence. It quotes a former president of the American Psychological Association who acknowledged the difficulty of proving the existence of satanic cult conspiracies. The issue raises concerns about the lack of scientific evidence for intergenerational satanic cult conspiracies and the therapies used to support these beliefs. The article argues that if professionals accept third-party payments based on a medical/scientific model, they should be accountable to the public using the same standards of scientific evidence.

Notable Professional Quotations

The newsletter features several quotes from professionals and publications offering critical perspectives on false memory syndrome and RMT:

• Janet Boakes, M.D. (The Lancet): Notes the damage to psychotherapy and families caused by the false memory controversy, criticizing the reluctance of the psychoanalytic world to tackle the issue and the lack of current theories supporting massive forgetting or accurate recall after prolonged periods.
• Michigan Psychological Association: States that there is substantial potential for harm in treating claims of recovered memories of sexual abuse as presumptively valid and that scientifically valid research is needed before uncritical acceptance.
• Nancy Hornstein, M.D. (ISSD News): Urges therapists to become sophisticated enough to provide treatment without presupposing the truth of clients' reports or memories, emphasizing the need to address the field's troubles and serve both professional and client interests.
• David G. Myers (Psychology - 4th Edition): Critiques the practice of persuading adult women that their fathers were incestuous, likening it to a 1990s reenactment of the Salem witch trials and noting that symptoms can be general enough to fit many causes.
• Jacobson, Mulick, & Schwartz (American Psychologist): Argue that professionals have an obligation to balance experimental techniques with accepted community standards and responsible interpretation of findings, ensuring appropriate treatment and protection from inappropriate care.
• Ron Fox, Ph.D. (APA Past President): Criticizes scientists who publicly criticize clinicians for relying on unproven evidence bases and suggests revising the ethical code to address psychologists who undermine public trust. The editor comments that this recommendation is anti-intellectual and would act as a gag order.
• Sigmund Freud (quoted in Anthony Clare's review): His quote suggests a therapist's insistence on uncovering repressed information, even if the patient initially holds back.
• Bonnie Burstow (Radical Feminist Therapy): Suggests that assuming childhood abuse in female clients and attributing memory gaps to repressed abuse can be a problematic approach.

Legal Corner

The "Legal Corner" section details significant legal developments:

• Borawick v. Shay: The U.S. Court of Appeals for the Second Circuit affirmed a decision prohibiting testimony based on hypnotically-refreshed recollections of sexual abuse. The court adopted a "totality-of-the-circumstances" approach for admitting such testimony, weighing factors like the purpose of hypnosis, suggestions, corroborating evidence, and the hypnotist's qualifications.
• Alabama Supreme Court Rejects McDuffie Appeal: The court rejected an appeal in a malpractice case regarding third-party standing, ruling that only patients can sue their health care providers. However, other claims like abuse of process and defamation remain.
• Colorado's First "Planted Memory" Case: Jane Brennan is suing therapist Beverly Nussbaumer and psychiatrist Henry Bible, alleging that false memories of childhood sexual abuse were implanted through therapy, leading to family estrangement and emotional distress.

Trends in Articles About FMS and Hypnosis Research

The Foundation maintains a database of over 6,000 articles related to False Memory Syndrome, MPD/DID, SRA, and other related topics. The trend in articles has shifted from personal stories to a greater focus on lawsuits, court decisions, and cautions in therapy practices, indicating a growing acceptance of FMS as a major problem. A sampling of recent articles includes research on hypnosis, arguing that it no longer needs to be viewed as a special process or social psychological theory, but rather as a continuum. It also questions the use of hypnosis in therapy and its effect on memory accuracy.

Misattribution and Creating False Memories

Research on misattribution suggests that symptoms of eating and obsessive-compulsive disorders can be mistakenly attributed to repressed memories of childhood sexual or physical abuse. Case studies show that patients who could not recall repressed memories deteriorated, while those treated with conventional psychopharmacologic agents improved. Another study on creating false memories demonstrates how easily the illusion of remembering events that never happened can occur, suggesting that vivid recall alone is not convincing evidence of an event's occurrence.

Moving Vans and MPD

August Piper's column, "Memories, Moving Vans, and MPD," critiques the theory that MPD is solely caused by chronic childhood trauma. Piper argues that the evidence for this causal link is weak, citing cases where abuse did not lead to MPD, the lack of proof of abuse in many cases, and the difficulty in accurately recalling events from early childhood. He criticizes therapists who ignore these arguments and focus on treatment regardless of the historical reality of the trauma, likening their approach to living in a "house of delusions."

Continuing Education and Foundation Support

The FMS Foundation has been approved as a sponsor of continuing education programs for psychologists, allowing them to earn CE credits for Foundation-sponsored events. The Foundation is cosponsoring programs with Johns Hopkins and plans to offer them in San Diego, Boston, and Chicago. The newsletter also appeals for financial support, noting that membership dues and subscriptions cover only about one-third of the operating budget.

Recurring Themes and Editorial Stance

The recurring themes in this issue are the critique of recovered memory therapy (RMT) and its associated practices, the alleged harm caused to individuals and families, and the perceived ethical failures of professional organizations. The FMS Foundation positions itself as an advocate for scientifically-based practices and education in mental health, aiming to counter what it views as abuses and misinformation within the field. The editorial stance is one of strong concern and a call for greater accountability and evidence-based practice in psychology and psychiatry.

Title: FMS Foundation Newsletter
Issue: November/December 1995
Publisher: FMS Foundation
Country: USA
Language: English
ISSN: 1069-0484

This issue of the FMS Foundation Newsletter delves into several critical cases and ongoing discussions surrounding false memory syndrome (FMS) and repressed memory therapy. It highlights legal battles, ethical concerns regarding therapeutic practices, and personal accounts from individuals and families impacted by these issues.

Malpractice Lawsuit against Therapist Settles in Denver, Colorado

The newsletter reports on a malpractice lawsuit filed in Colorado Springs against a psychologist for allegedly implanting false memories of childhood sexual abuse and creating a false multiple personality disorder in a patient. The case, scheduled for trial, was settled out of court on September 15, 1995. Denver attorney Laurence James, who represented the plaintiff, noted that while the settlement terms are confidential, the outcome has created a difficult climate for therapists specializing in MPD in Colorado. James called upon four clinical expert witnesses, including former presidents of the Colorado Psychological Association, who testified that the therapist's conduct was negligent and wanton. A previous complaint to the licensing board resulted in only a minor admonition, but the board re-reviewed the case following the settlement, sending it to the Attorney General's office for formal disciplinary proceedings, likely leading to severe sanctions or license loss.

Call to Ban Repressed Memory Evidence in Australia

Ian Freckelton, a barrister and architect of the new Australian Commonwealth Evidence Act, argued for a ban on repressed memory syndrome evidence in Australian courtrooms. He urged prosecutors to block upcoming cases based on such evidence, warning of the potential for wrongful convictions. Freckelton, president of the Australian and New Zealand Association of Psychiatry, Psychology and Law, described repressed memory therapies as a phenomenon where individuals come to believe they were assaulted due to dangerous and poor-quality treatment by therapists.

American Civil Liberties Union to Support Right to Picket

The American Civil Liberties Union (ACLU) agreed to represent Chuck Noah of Seattle, Washington, in an appeal against an injunction restricting his picketing activities. The ACLU expressed concern that such limitations infringe upon First Amendment free speech rights. Noah had picketed the office of therapist David Calof to protest "repressed memory therapy," which he claims destroys families by convincing patients of molestation that may not have occurred. The ACLU plans to seek full redress for Noah's lost rights and attorneys' fees.

Court Hears State's Appeal in Repressed Memory Case (George Franklin)

Deputy Attorney General Bruce Ortega asked the 9th U.S. Circuit Court of Appeals to reinstate the conviction of George Franklin for the 1969 murder of 8-year-old Susan Mason. Ortega argued that the conviction could be upheld based on the memories of Franklin's daughter, Eileen Franklin-Lipsker. Franklin's 1990 conviction was overturned due to the jury being improperly allowed to conclude Franklin admitted the murder by remaining silent. Franklin's attorney, Dennis Riordan, stated the trial was also tainted by the judge barring news clippings that could have revealed the source of Franklin-Lipsker's knowledge. Circuit Judge Michael D. Hawkins questioned whether preventing the defense from confronting Franklin-Lipsker with these clippings was akin to ending a football game at halftime, depriving the defense of crucial opportunities. The court's decision is pending.

Repressed Memory Can't Convict Man (Lonnie Miller Case)

A Lake County, Ohio jury returned a 6-2 verdict in a civil case, indicating they did not believe Lonnie Miller was guilty of repeatedly sexually molesting and raping his niece in 1966 and 1967. The plaintiff, Diane L. Janowich, sought $500,000. Mrs. Janowich's marital problems led her to a marriage counselor who suggested her abuse pattern might stem from sexual abuse. After reading about the subject, she was diagnosed with repressed memory syndrome. Miller's lawyer, Leo Talikka, expressed hope that the verdict would prompt people to reconsider the use of repressed memory syndrome to extract money.

California Bill No 1355 Passed: Limits Immunity for Child Protection Workers

Governor Pete Wilson signed Assembly Bill No 1355, which limits the civil immunity of juvenile court social workers and child protection workers. The bill stipulates that immunity does not extend to acts of perjury, fabrication of evidence, or obtaining testimony by duress, fraud, or undue influence if committed with malice. Governor Wilson stated that recent cases demonstrated how some social workers abuse their immunity, causing greater harm to children. The bill aims to preserve the ability of social workers to perform their duties with honest zeal, not malice.

A STORY OF OUR TIME: Fear and Loathing in Wenatchee, Washington

This section details the unfolding child sex abuse scandal in Wenatchee, Washington, where over 80 adults have been charged in relation to the abuse of approximately 50 children. The article, based on a Sacramento Bee report by Armin Brott, highlights the climate of fear and the community's plea for intervention. The problem began with the removal of 10-year-old Donna Everett from her home, leading to her placement with Detective Robert Perez, Wenatchee's sole sex crimes investigator. Subsequently, another foster child, Annie Weishoff, accused Robert Devereaux (a foster parent) of sexual molestation after an interrogation by Perez. Weishoff later recanted, suggesting the police pressured her. Detective Perez then arrested Devereaux. Later, Donna Everett accused her parents, Idella and Harold Everett, of abuse, leading to their arrest and Idella's confession. Pastor Robert Roberson questioned the police tactics and Perez's potential conflict of interest. The narrative details further allegations by Donna Everett, including "The Circle" and group sex, and Perez's interviewing techniques, which critics describe as strong-arm tactics. The article also mentions Kathy Lyon, an expert in child abuse allegations, who found inconsistencies and potential civil rights violations. The case is compared to Arthur Miller's "The Crucible" due to the widespread accusations and panic.

Salem and Wenatchee: Some Comparisons

This piece draws parallels between the 1692 Salem witch trials and the Wenatchee child sex abuse case. It highlights similarities in how accusations led to panic, the involvement of authority figures (Reverend Parris in Salem, Detective Perez in Wenatchee), and the resulting societal upheaval and arrests. Both situations involved individuals with perceived "expertise" (witchcraft detection vs. child sex abuse investigation) who played central roles in inciting fear and prosecuting alleged offenders.

From Our Readers

This section features letters and reflections from readers:

• "What do you say?" by A Dad: Addresses parents facing accusations of incest, suggesting that the worst has already happened and that survivors of such accusations gain a unique strength and immunity.
• "Sympathies on both sides" by A Student: A doctoral student researching memory inaccuracy expresses sympathy for both victims of abuse and those falsely accused, emphasizing the need to understand memory and suspect therapies.
• "Discussion" by Accusing daughter: A brief statement indicating a departure from truth in discussing issues with parents due to vehement denial.
• "Ironic Twist" by A Mom: A mother reflects on her daughter being present at her own mother's (the grandmother's) passing, noting it as an ironic twist of fate.
• "I'm Sorry" by "K": A deeply personal letter from a daughter apologizing to her father for falsely accusing him of molestation. She expresses profound remorse, shame, and the desire for forgiveness, acknowledging the pain caused and the power of self-manipulation.
• "Professional help is needed for FMS victims, but hard to find" by A Mother: A mother recounts her family's experience seeking help after her daughters, Nancy and Sandy, began making accusations of incest, allegedly influenced by reading "The Courage to Heal." They consulted 12 therapists before finding one who offered a more balanced approach, though reconciliation is still a difficult process.
• "To our daughter's therapist: Blood money" by Parents without a child: Parents express anger and sorrow towards a therapist who they believe has turned their daughter into someone unrecognizable, causing her to cut off family ties and alienating her child from grandparents. They accuse the therapist of profiting from their daughter's payments.
• "Cost to one family of defending a recovered memory lawsuit involving satanic accusations": This piece details the significant financial burden of defending against a recovered memory lawsuit, citing one case that cost $180,000 and another that involved $19,000 for a criminal defense attorney, with insurance companies covering some costs.
• "Please don't take my children away!": A plea from a parent expressing intense love and addiction to their children, begging not to be separated from them.
• "Right to a fair hearing" by A Dad: Argues that families are left to flounder when dealing with daughters who "remember" imaginary incest, and that therapists disregard the rights of families to a fair hearing.
• "Thank you" by A Dad and A Mom: Two separate thank-you notes expressing gratitude to the FMS Foundation for providing strength, comfort, and support during difficult times.

Make a Difference

This section encourages readers to get involved by making copies of the FMSF newsletter available at local libraries, responding to media items, and informing Mental Health Associations about the FMS problem. It also lists FMSF meetings and contact information across various states and internationally.

Recurring Themes and Editorial Stance

The recurring themes in this issue revolve around the devastating impact of false memory syndrome and repressed memory therapy on individuals and families, the legal and ethical challenges posed by these phenomena, and the critical need for support and advocacy. The FMS Foundation Newsletter consistently positions itself as a platform for sharing experiences, raising awareness, and challenging therapies that are perceived as harmful or lacking scientific basis. The editorial stance is one of strong advocacy for those affected by FMS, critical examination of therapeutic practices, and support for legal and legislative changes to protect individuals and families from what they describe as a "craze."