False Memory Syndrome Foundation - Vol 05 No 08 - 1996 sept

Magazine Overview

This issue of the FMS Foundation Newsletter, dated September 1, 1996, is Volume 5, Number 8. The publication, based in Philadelphia, PA, focuses on the controversial topic of repressed memory and its implications in legal, psychological, and social contexts. The cover prominently features a quote from the Court of Appeals of Maryland stating that repression of memories is indistinguishable from normal forgetting, thus suggesting they should be treated the same legally. The newsletter highlights a surge in higher-court decisions on repressed memory cases, with many courts refusing to extend statutes of limitations and urging scrutiny of such claims.

Legal Developments and Court Decisions

The newsletter dedicates significant space to legal rulings concerning repressed memory. The Maryland Court of Appeals decision in *Jane Doe, et al. v. A. Joseph Maskell, et al.* is central, establishing that repression is not a legally distinct phenomenon from forgetting, thereby barring claims filed outside the standard statute of limitations. This ruling is presented as a significant blow to repressed memory claims.

Several other court decisions are detailed:

• Rhode Island Supreme Court: In *State of Rhode Island v. Quattrocchi*, the court overturned a conviction based on recovered memory testimony, ordering a retrial and instructing lower courts to hold preliminary evidentiary hearings to determine the reliability of such testimony, citing *Daubert v. Merrell Dow Pharmaceuticals, Inc.* guidelines. In a related case (*Kelly, et al. v. Marcantonio, et.al.*), the Rhode Island Supreme Court mandated that trial courts conduct evidentiary hearings to assess whether repressed recollection claims are "scientifically accepted and valid" and constitute "unsound mind" to justify extending the statute of limitations.
• Pennsylvania Superior Court: In *Commonwealth of Pennsylvania v. Crawford*, a murder conviction was reversed and a new trial ordered because the defense's expert testimony regarding the unreliability of the witness's recovered memory was excluded.
• Arizona Appeals Court: In *Doe v. Roe*, the court affirmed the dismissal of a repressed memory claim, ruling that the plaintiff's ability to function in daily life and understand her legal rights negated the claim of "unsound mind" needed to extend the statute of limitations.
• Alabama Supreme Court: In *Travis v. Ziter*, the court ruled that alleged repressed memories do not qualify as a disability to extend the statute of limitations, citing a lack of scientific consensus on the repressed memory theory.

Additionally, the newsletter reports on two malpractice suits settled out of court: *Heusted v. DeGroot* in California, involving allegations of leading a patient to falsely believe she had been molested, and *Carl v. Peterson* in Texas, where a psychologist and hospital were accused of planting false memories of satanic ritual abuse.

Scientific and Psychological Perspectives

The "Focus on Science" section critically examines scientific articles related to repressed memory, emphasizing the methodological limits of studies and the importance of understanding what conclusions can be legitimately drawn. It highlights the danger of medical and psychological myths becoming axiomatic, using the myth of salt restriction preventing high blood pressure as an example. The article argues that in psychiatry, where biological testing is often limited, myths can proliferate easily. It also questions the assumption that childhood sexual abuse is the sole cause of adult psychiatric disorders, noting that such claims often suffer from confounding variables like family dysfunction and other forms of abuse.

The newsletter also features comments from the Canadian Psychiatric Association (CPA) regarding their statement on "Adult Recovered Memories of Childhood Sexual Abuse." The CPA expresses concern that recovered memory therapy can become an ideology rather than a technique, and warns against the uncorroborated recovery of memories, particularly when it leads to accusations against family members. They stress the importance of external corroboration and caution against therapeutic techniques that may create or distort memories.

Personal Accounts and Editorial Stance

A significant contribution is a letter from Charlotte Vale Allen, author of "Daddy's Girl." She expresses deep concern that the current wave of repressed memory therapy mirrors the power dynamics of her own abusive past, with therapists allegedly exercising inordinate control. Allen contrasts this with her own experience of remembering abuse without therapeutic intervention and criticizes the notion of victimhood as a desirable status. She aligns herself with the FMS Foundation, believing in its work to counter the "repressed memory hysteria."

An editorial comment from the FMS Foundation emphasizes that while they acknowledge the existence of true memories, the historical accuracy of any memory can only be determined through external corroboration. They caution against the therapeutic creation of memories and advocate for a good-faith effort to seek external corroboration before lives and families are destroyed.

Upcoming Events and Foundation News

The newsletter announces an upcoming continuing education program in Chicago on October 4, 1996, titled "Clinical Issues in Dealing with False Memories: Prevention and Family Reconciliation," sponsored by the FMS Foundation and Johns Hopkins Medical Institutions. It also mentions a "Friends to Meet in Chicago" event on October 5, 1996, featuring Richard Ofshe as a speaker.

Special Thanks and Recurring Themes

Special thanks are extended to the individuals who help prepare the FMSF Newsletter. The recurring themes throughout the issue are the legal challenges and skepticism surrounding repressed memory claims, the scientific debate over memory reliability, the potential for iatrogenic (therapist-induced) memories, and the devastating impact of false accusations on individuals and families. The FMS Foundation's stance consistently advocates for scientific rigor, external corroboration, and caution in dealing with recovered memory claims.

Recurring Themes and Editorial Stance

The FMS Foundation Newsletter consistently adopts a critical stance towards the concept of repressed memory as a distinct psychological phenomenon that should automatically extend legal statutes of limitations or be accepted as factual without corroboration. The editorial stance emphasizes scientific skepticism, the importance of external evidence, and the potential for therapeutic practices to create or distort memories, leading to false accusations and familial destruction. The foundation advocates for a balanced approach that acknowledges the reality of trauma while rigorously examining the veracity of recovered memories. They position themselves as a voice of reason against what they term "repressed memory hysteria."

This issue of the FMS Foundation Newsletter, dated September 1996, focuses on legal cases, personal experiences, and organizational activities related to False Memory Syndrome (FMS) and recovered memory therapy. The publication aims to inform the public and support individuals affected by these issues.

Legal Cases and Court Rulings

Several articles detail legal proceedings involving therapists and accusations of false memories:

• Therapist Defendant Settles Out of Court in Third Party Suit: The Fultz family settled their case against Dr. Chyril Walker for $1,150,000, while the case against Dr. Sophia Carr was scheduled for trial. The plaintiffs alleged that Dr. Walker misdiagnosed the children with ritual abuse, and Dr. Carr allegedly implanted beliefs of ritual abuse in Jennifer Fultz.
• Court Rules Therapist Did Owe Duty to Third Party Parents: In the case of Althaus et. al. v. Cohen, Judge James H. McLean denied post-trial motions. The court affirmed that a therapist owed a duty to third parties, citing a growing recognition of a 'broader duty of care' in Pennsylvania. The jury had awarded over $272,000 in compensatory damages for failure to diagnose Nicole Althaus and encouraging her to believe she was sexually and ritually abused by her parents.
• Church, Therapist Sued for $12 Million: A Missouri family sued counselor Donna Strand and the church where she worked for allegedly planting false memories of childhood sexual abuse in their daughter, Beth Rutherford. The complaint alleged that Strand's treatment convinced Beth that her father had repeatedly raped and sodomized her, despite her being a virgin.
• Father, Son Sue Therapist in 'Repressed Memories' Case: An Iowa man and his son sued a Des Moines therapist and psychiatric clinic, alleging that their ex-wife and mother had been subjected to 'false memories' of ritual Satanism and abuse, leading to her abandonment of the family.
• Repressed Memory Case Won't be Tried Again: Prosecutors decided not to retry George Franklin, Sr., who had been convicted in 1990 of a 20-year-old murder after his daughter testified to suddenly remembering it. The daughter's testimony was compromised by hypnosis.
• Minister is Released in Child-Abuse Case: Rev. Nathaniel T. Grady was released from prison after 10 years for child-abuse crimes he claims never happened, following a ruling that he had been inadequately represented on earlier appeals. His conviction involved accusations from children at a day-care center, but FBI videotapes did not record abuse instances.
• Judge Frees 2 Couples Imprisoned 14 Years in Child Molestation Case: Two couples were freed from prison after their convictions for child molestation were dismissed. The court found that authorities' leading questions tainted the children's testimony, rendering it unreliable.

Personal Accounts and Reflections

The newsletter includes several personal letters and reflections:

• "Good-bye to Our Daughter" (A Mom and A Dad): Two letters from parents expressing deep sorrow and anger towards the therapy profession for the loss of their daughter due to FMS. They detail the impact on their family, their efforts to provide for their grandchildren, and their pain over the estrangement.
• "A Sister" and "A Mom" Letters: These letters describe personal experiences with accusations stemming from recovered memories, including a brother falsely accusing his sister and a mother being accused by her daughter. They highlight the emotional toll and the difficulty of reconciliation.
• "It's Hard to Remember" (A Mom): A mother reflects on the difficulty of remembering past anger and resentment, expressing hope for renewed warmth and love within her family after a period of estrangement.
• "Reconciliation with Your Daughter: Excerpts from the Indiana Conference" (A Mother): This section provides advice for parents seeking to reach estranged daughters, emphasizing persistent outreach, providing information about FMS, and maintaining open communication.
• "Before Therapy" and "After Therapy" sections: These offer advice and reflections from the perspective of a mother and a daughter, discussing the impact of therapy and the process of healing and reconciliation.
• "A Broken Mom" and "Epilogue": A mother describes her fear and stress after her daughter accused her of abuse, leading to strokes. An epilogue notes the daughter's return and improving condition.
• "One Answer" (Kimberly Mark): A personal account of developing multiple personalities, anorexia, and dissociative behavior after undergoing hypnotherapy that escalated into 'recovered memory' therapy. The author emphasizes the importance of thoroughly vetting therapists.
• "The Clouds Disperse": A mother shares her experience of her daughter's return and the slow process of rebuilding their relationship after the daughter had accused her father of abuse.
• "For Even One Day" (A Dad): A father expresses the hope that therapists would experience the pain of falsely accused individuals to better understand the impact of their actions.
• "Concentrate on What You Have" (A Mom): A mother discusses her daughter's false accusations against her family and friends, and how finding the FMS Foundation provided a sense of community and purpose.

FMS Foundation Activities and Resources

The newsletter also provides information about the FMS Foundation's work:

• FMS in Sweden: Details the founding of a Swedish FMS Society (FIM) and its goals to inform authorities about FMS. It also mentions media coverage in Sweden, including television programs and newspaper articles questioning the reliability of recovered memories.
• FMS Activities in Sweden: Highlights Sweden's focus on equality and civil rights, and how the growing questioning of FMS accusations is influencing public opinion and legal predictions.
• Make a Difference: Encourages readers to take action, such as donating books like 'Confabulations' to libraries and writing letters to the editor.
• Free Library Displays: Information on obtaining attractive library displays about false memories.
• Legal Articles Available: Lists FMSF publications and briefs related to repressed memory and malpractice cases.
• FMSF Meetings: A comprehensive list of FMSF meetings across the US, Canada, and internationally, with contact information.
• Yearly FMSF Membership Information: Details membership options and subscription rates for the FMSF Newsletter.

Recurring Themes and Editorial Stance

The recurring themes in this issue are the devastating impact of false memory syndrome and recovered memory therapy on individuals and families, the legal battles arising from these issues, and the importance of support networks like the FMS Foundation. The editorial stance is clearly against the practices of recovered memory therapy, portraying it as a harmful and often baseless therapeutic approach that can lead to false accusations, family destruction, and severe psychological distress. The newsletter advocates for critical examination of therapeutic claims, support for the falsely accused, and the dissemination of information to counter the influence of what it terms 'toxic parents' and 'charlatanism in academia.' The publication emphasizes the need for parental support and understanding in cases of estrangement due to FMS.