False Memory Syndrome Foundation - Vol 05 No 04 - 1996 april

Magazine Overview

This issue of the FMS Foundation Newsletter, dated April 1, 1996, Volume 5, Number 4, addresses critical developments in the repressed memory debate, focusing on legal rulings, scientific research, and therapeutic approaches. The newsletter highlights the FMS Foundation's involvement in legal cases and its efforts to counter what it terms 'smear campaigns' against its members and researchers.

Legal Developments and Scientific Scrutiny

The lead article discusses the Texas Supreme Court's decision in S.V. v R.V., which barred a daughter's lawsuit against her father based on recovered repressed memories. The court emphasized that for the discovery rule to apply, a claim must be not only inherently undiscoverable but also objectively verifiable. The court reviewed scientific literature on repression and memory, concluding that there is insufficient scientific consensus to provide objective verification of abuse claims, thus barring the application of the discovery rule in this instance. The newsletter also notes a similar decision from the Wisconsin Supreme Court in Pritzlaff v. Archdiocese of Milwaukee, where a repressed memory claim was deemed time-barred, and the U.S. Supreme Court declined to review the appeal. A Pennsylvania Superior Court case, Dalrymple v. Brown, also affirmed summary judgment, finding repressed memory claims time-barred and requiring 'reasonable diligence' in discovery.

The newsletter details the FMSF's support for the defendant in the Texas case via an amicus brief. It critiques the dissenting opinions in the Texas case, particularly their reliance on expert testimony, and contrasts this with the majority's focus on objective verifiability. The court's opinion is described as a thorough review of scientific literature, noting significant disagreements among researchers and therapists regarding the validity of recovered memories and the techniques used to retrieve them. The court concluded that science has not yet evolved to provide definitive guidance in determining whether childhood sexual abuse has occurred.

APA Report and Therapeutic Controversies

This issue also covers the availability of the Final Report from the American Psychological Association (APA) Working Group on the Investigation of Memories of Childhood Abuse. The report is presented as a significant document for understanding both sides of the repressed memory debate. The APA's conclusions acknowledge the reality of child sexual abuse but also the possibility of constructing pseudomemories. The report highlights disagreements within the working group concerning the constructive nature of memory, delayed remembering, the special status of trauma memories, and the rules of evidence.

The newsletter critically examines specific publications and therapeutic approaches related to repressed memories. It discusses the book "Healing the Incest Wound" by Christine Courtois and others, and "The Courage to Heal," a highly recommended book by therapists, questioning their reliance on what is termed 'archeological strategy' and 'pop psychology.' The FMSF staff comments that the APA report itself includes a publication endorsing the 'Blume checklist,' a tool associated with repressed memory therapy.

Judith Alpert's work is also scrutinized, particularly her article in the Psychoanalytic Review concerning a patient named Mary. The newsletter questions Alpert's methodology and conclusions, highlighting her conviction of incest without available memory and her reliance on 'numerous sources' that appear to be limited to the patient's narrative and her own interpretations. The newsletter contrasts Alpert's approach with the APA report's own criticism of therapeutic methods that focus exclusively on memory retrieval without addressing symptom management or ego strength.

Addressing Smear Tactics and Misinformation

The newsletter addresses what it calls 'smear campaigns' against the FMSF and its Scientific Advisory Board, particularly concerning Elizabeth Loftus. It discusses an article in "Treating Abuse Today" that allegedly misrepresented Loftus's work and cited complaints made against her by Jennifer Hoult and Lynne Crook. The FMSF argues that these complaints are part of a pattern of attacking researchers who challenge certain aspects of the repressed memory field.

Family Reconciliation Through Mediation

A significant portion of the newsletter is dedicated to family mediation as a tool for reconciliation, particularly for families affected by recovered memory claims. Susan P. Robbins, D.S.W., explains the process of mediation, defining it as a neutral process to help parties communicate and find solutions. The article addresses common questions about family mediation, its benefits for families dealing with estrangement due to abuse allegations, and how to find a qualified mediator. It outlines the steps involved in a mediation session, including explaining rules, allowing uninterrupted speaking time, identifying issues, bargaining, and reaching a written agreement. Caucus mediation, where parties meet separately, is also described as an option. The article emphasizes that mediation provides a safe forum for families to re-establish contact and negotiate future relationships, focusing on future-oriented solutions rather than past guilt.

A specific challenge to mediation is presented in a list of needs for reconciliation, emphasizing agreement on the abuse, acceptance of responsibility, evidence of grief, and willingness to pursue a new relationship.

Other Content

The newsletter includes a section on "Legal Updates," noting the retrial date for George Franklin and a motion to disqualify the San Mateo County district attorney's office. It also mentions a continuing education program on "Appropriate Standards of Care in Working with Memories" and the cancellation of some FMSF/Johns Hopkins conferences.

Recurring Themes and Editorial Stance

The FMS Foundation Newsletter consistently advocates for a rigorous, evidence-based approach to the study of memory, particularly in the context of alleged childhood sexual abuse. It emphasizes the importance of scientific verifiability, peer review, and objective evidence in legal and therapeutic contexts. The newsletter is critical of therapeutic methods that it believes are overly suggestive or lack scientific grounding, and it actively defends researchers and organizations that promote a more skeptical view of recovered memories. The editorial stance appears to be one of caution regarding the repressed memory phenomenon, highlighting the potential for false memories and the need for careful scientific and legal scrutiny, while acknowledging the reality and severity of childhood sexual abuse.

Title: FMS Foundation Newsletter
Issue Date: April 1996
Publisher: FMS Foundation
Document Type: Magazine Issue

This issue of the FMS Foundation Newsletter provides updates on legal cases, scientific discussions, and personal stories related to False Memory Syndrome (FMS).

Legal Cases and Court Rulings

The newsletter extensively covers court cases where the admissibility and scientific validity of repressed memory testimony were central issues. Several key rulings are detailed:

• State of New Hampshire v. Hungerford: Judge Groff concluded that repressed memory testimony is not scientifically reliable and has not gained general acceptance in psychology, thus it would not be admitted as evidence.
• Lemmerman v. Fealk, Williford v. Bleske (Michigan Supreme Court): The court held that the discovery rule or disability statute does not extend the limitations period for tort actions delayed by repressed memory of assaults, citing the lack of verifiable evidence.
• Hunter v. Brown (Tennessee Court of Appeals): The court declined to apply the discovery rule to toll the statute of limitations in repressed memory cases, noting the lack of verifiable and objective evidence and indecision in the scientific community.
• Dalrymple v. Brown (Superior Court of Pennsylvania): The court ruled that the discovery rule does not toll the statute of limitations for claims of psychological repression of alleged sexual abuse.
• S.V. v. R.V. (Supreme Court of Texas): The court found that for the discovery rule to apply, the event must be "inherently undiscoverable" and "objectively verifiable," which was not met in repressed memory claims.
• Doe, Roe v. Maskell, et.al. (Circuit Court, Baltimore City, Maryland): Suits were dismissed as claims did not meet the discovery rule test or demonstrate sufficient scientific reliability for repressed memory testimony.
• Engstrom v. Engstrom (Superior Court, Los Angeles Co., California): Testimony regarding repressed memories was excluded because the phenomenon and retrieval techniques are not generally accepted as valid and reliable by the scientific community.
• Barrett v. Hyldburg (Superior Court, Buncombe Co., North Carolina): Evidence derived from alleged repressed memories was excluded, leading to the dismissal of the suit.

Menendez Brothers Conviction: The issue notes the conviction of Erik and Lyle Menendez for the murder of their parents, highlighting the jury's finding of "special circumstances" which could lead to the death penalty in California.

Souza Appeal: An appeal by Ray and Shirley Souza regarding their child molestation convictions is discussed, focusing on the seating arrangement of child witnesses and the defendants' right to face-to-face confrontation.

Ingram Clemency Hearing: A clemency hearing for Paul Ingram, sentenced for allegedly molesting his daughters, is scheduled. Investigator Richard Ofshe believes Ingram is innocent and a victim of misdirected attention, police work, and self-hypnosis.

Wenatchee Claims: Six individuals, formerly accused of child sex abuse in the Wenatchee area, filed claims for $80 million against state and local agencies, alleging a "witch hunt" and constitutional deprivations.

Wilcox Convictions Overturned: The convictions of Jennifer Wilcox and Robert Aldridge for child molestation were overturned due to withheld evidence, including recanted testimony from child witnesses.

Personal Stories and Reconciliation

The newsletter includes several personal accounts from individuals and families affected by FMS:

• Reconciliation Efforts: A father shares his experience of meeting with his daughter and her therapist, facilitated by his own therapist, leading to his daughter questioning her original accusations.
• A Happy Ending: A father expresses gratitude for FMSF's support, sharing a touching letter from his daughter that signifies a reconciliation and appreciation for his past support.
• The Truth Shall Set You Free: A mother recounts how her daughter, after years of estrangement due to accusations, began to question her "memories" after hearing about "false memory syndrome."
• What FMS Did To Our Family: A mother describes the devastating impact of her daughter's accusations, which led to her husband's mental illness and forced retirement, and her ongoing efforts to reconcile with her daughter.
• Meeting With No Conditions: A father shares his daughter's request to reconnect, expressing a desire to move past the accusations and heal the hurts.
• Mediation: A mother reports slow but progressing mediation with her son after three years of no contact, noting a positive sign with a note signed "Love."
• Trying to Understand: A father recounts a conversation with his daughter about the events leading to her experience with recovered memories, noting her gradual turning away from her incest survivor group and a desire for change.
• Not Ready to Accept: A daughter writes to her father expressing a desire to renew their relationship and move past the past, but without further discussion of the allegations.
• Our Daughter's Return From FMS: A father details his daughter's descent into false memory syndrome, her accusations against him, her subsequent psychiatric hospitalizations, and eventual reconciliation with her family.

FMSF Activities and Resources

• Make a Difference: This section encourages readers to support FMSF through donations, membership, or article purchases, and to inform the FMSF Business Office of the purpose of their payment.
• Free Library Displays: Information is provided on how to obtain free library displays about false memories through SIRS Publishers.
• Address Changes: Members are reminded to provide address change notices one month in advance.
• Meetings: A comprehensive list of FMSF meetings across various states and international locations is provided, along with contact information.
• FMSF Newsletter Subscription: Information on how to subscribe to the newsletter and membership fees is included.
• FMSF Contact Information: The newsletter provides the FMS Foundation's address, phone number, and ISSN.

Recurring Themes and Editorial Stance

The recurring themes in this issue revolve around the legal and scientific challenges posed by repressed memory claims, the devastating impact these claims can have on families, and the ongoing efforts of the FMS Foundation to provide support, information, and resources. The editorial stance is clearly in favor of supporting individuals and families affected by false memory accusations, advocating for a critical examination of repressed memory claims, and promoting reconciliation where possible. The newsletter highlights the importance of scientific evidence and due process in legal proceedings related to memory claims.