False Memory Syndrome Foundation - Vol 06 No 07 - 1997 julaug

Magazine Overview

Title: FMS Foundation Newsletter
Issue: Vol. 6 No. 7
Date: July/August 1997

This issue of the FMS Foundation Newsletter provides updates on significant legal cases, public discourse, and publications related to False Memory Syndrome (FMS). It highlights recent developments in high-profile cases, discusses the role of therapists and the legal system, and offers a comprehensive list of recommended reading.

Key Cases and Legal Developments

The Little Rascals Case (Edenton, NC)

The newsletter leads with a strong quote from The Atlanta Journal and Constitution describing the case as a "hysterical witch hunt," reflecting public sentiment regarding the "absurdity of the accusations" and the "unfairness of the prosecution." Producer Ofra Bikel's documentary "Innocence Lost: The Plea" is mentioned as bringing the day care sex abuse hysteria to life. The case appears to be winding down.

The Wenatchee Case

There are signs of a "serious crack" in the Wenatchee case, with a Washington state appeals court ruling that Linda Joyce Miller, whose confession was crucial to the prosecution of over 40 adults, is entitled to a new trial. This ruling is based on the denial of her right to have an expert witness explain why someone might confess to something they did not do. Despite numerous requests for an investigation into the Wenatchee situation, including to the U.S. Justice Department, no action has been taken. However, Washington state has created a new ombudsman position to address over 75 cases pending against its child welfare department and requests for a special investigation.

Engstrom Case

A California appeal decision in the Engstrom case is presented as "more good news." The FMS Foundation filed an amicus curiae brief in this case, and a footnote from the decision is included, indicating progress in public understanding of FMS issues. The footnote highlights that a therapist's notes, made contemporaneously with therapy, contradicted the appellant's claim of recovering memories at home alone, and that the therapist used techniques akin to hypnosis to assist in memory retrieval, potentially stimulating confabulation.

Legal Rulings on Immunity and Duty of Care

Courts Consider the Question of Immunity From Prosecution under State Statutes Mandating the Reporting of Suspected Child Abuse: This section discusses how "good faith" reporting is key to immunity for mandatory reporters of suspected child abuse. It notes that while a presumption of good faith exists, courts may require evidence of negligence or recklessness to rebut it. Several jurisdictions have held that mental health professionals owe a duty of care to individuals they negligently accuse of child abuse.

Connecticut Supreme Court Holds that Mental Health Professionals Granted Absolute Immunity under State Reporting Act: The Connecticut Supreme Court interpreted a statute as granting absolute immunity to reporters, even if the action was not in good faith. The majority argued that imposing a duty of care could discourage reporting. However, a dissenting opinion by Justice Berdon strongly disagreed, emphasizing that the harm caused was foreseeable and that imposing liability for negligent conduct would encourage professionals to police themselves and establish higher standards.

Dad Sued Therapist over Daughter's Memory of Abuse: An accused father in Sacramento sued a therapist for allegedly implanting and reinforcing false memories of child molestation in his 36-year-old daughter, claiming the therapy ruined their relationship. The suit names the therapist and her supervisor, seeking over $1 million in damages.

Third-Party Lawsuit filed in Canada: A lawsuit was filed against a psychiatrist and therapist in Manitoba, alleging they administered excessive drugs, fraudulently diagnosed MPD, and implanted false memories of satanic abuse (SRA), leading to the patient's mental disorientation and disability.

Family Pursues Suit Against Police in Maryland Court: A lawsuit was filed against police officers and a social worker for their actions in removing children from a family home, based on a father's charges of sexual abuse stemming from his daughter's "recovered memories." The daughter later denied the abuse, claiming her understanding of the truth was manipulated by therapists.

Therapy Records Must be Disclosed if Patient Raises Own Mental Condition as a Litigation Issue, South Dakota Supreme Court Rules: The South Dakota Supreme Court ruled that the physician-patient privilege is waived when a patient uses their own mental condition as an element of a legal claim or defense, requiring disclosure of therapy records.

Eighth Circuit Court Rejects Tolling Statute of Limitations Regarding Determination of Causal Connection: A lawsuit alleging childhood sexual abuse over 24 years prior was dismissed, with the court holding that the plaintiff should have sought information about the problem and its cause earlier.

Five Sex Charges Dropped Against Toronto Teacher: Five charges against a Toronto teacher were dropped due to lack of evidence, with the defense lawyer highlighting the unreliability of the accuser's statements and comparing the situation to the "Salem witch hunts."

Court Clears Police Chief of Sex Abuse Charges: A police chief in Perth, Ontario, was cleared of charges of sexually assaulting his daughter, with the defense arguing the complainant had no recollection of the alleged events until therapy.

A Case Study of Justice Gone Awry - The Edenton Case: This section revisits the Edenton, North Carolina child sex abuse case, featured in a PBS Frontline documentary. It highlights the case's expense and duration, the conviction of Robert Kelly and Kathryn Dawn Wilson, and the lack of physical evidence, with the prosecution relying solely on post-therapy affidavits from children.

Books and Publications

Book List - June 1997

The newsletter includes an extensive list of recommended books published since 1992, covering topics such as recovered memories, trauma, false memories, child abuse, and the psychology industry. Notable authors and their works are listed, including:

• Robert Baker - *Hidden Memories: Voices and Visions from Within*
• C. Brooks Brenneis - *Recovered Memories of Trauma: Transferring the Present to the Past*
• Terence Campbell - *Beware the Talking Cure: Psychotherapy May be Hazardous to Your Health*
• Stephen Ceci & Maggie Bruck - *Jeopardy in the Courtroom: A Scientific Analysis of Children's Testimony*
• Martin Conway (Ed.) - *Recovered Memories and False Memories*
• Frederick Crews - *The Memory Wars: Freud's Legacy in Dispute*
• Robyn Dawes - *House of Cards: Psychology and Psychiatry Built on Myth*
• Tana Dineen - *Manufacturing Victims: What the Psychology Industry is doing to People*
• Pamela Freyd & Eleanor Goldstein - *Smiling Through Tears*
• Richard Guilliatt - *Talk of the Devil*
• Felicity Goodyear-Smith - *First Do No Harm: The Sexual Abuse Industry*
• Richard Gardner - *True and False Accusations of Child Sex Abuse*
• Eleanor Goldstein & Kevin Farmer - *Confabulations: Creating False Memories - Destroying Families* and *True Stories of False Memories*
• Barry Gordon - *Memory: Remembering and Forgetting in Everyday Life*
• Ian Hacking - *Rewriting the Soul: Multiple Personality and the Sciences of Memory*
• Margaret Hagen - *Whores of the Court*
• Lawrence Hedges - *Remembering, Repeating, and Working Through Childhood Trauma*
• Moira Johnston - *Spectral Evidence: The Ramona Case*
• Wendy Kaminer - *I'm Dysfunctional, You're Dysfunctional: The Recovery Movement and Other Self-Help Fashions*
• Charles & Eric Kelly - *Now I Remember: Recovered Memories of Sexual Abuse*
• John Kotre - *White Gloves: How We Create Ourselves Through Memory*
• Donna Laframboise - *Princess at the Window: A New Gender Morality*
• Elizabeth Loftus & Katherine Ketcham - *The Myth of Repressed Memory*
• Harry N. MacLean - *Once Upon A Time: A True Story of Memory, Murder, and the Law*
• Eileen MacNamara - *Breakdown: Sex, Suicide and the Harvard Psychiatrist*
• Harold Merskey - *Analysis of Hysteria: Understanding Conversion and Dissociation*
• Debbie Nathan & Michael Snedeker - *Satan's Silence: Ritual Abuse and the Making of A Modern American Witch Hunt*
• Carol Netzer - *Cutoffs: How Family Members Who Sever Relationships Can Reconnect*
• Richard Ofshe & Ethan Watters - *Making Monsters: False Memory, Psychotherapy and Sexual Hysteria*
• Mark Pendergrast - *Victims of Memory: Incest Accusations and Shattered Lives*
• August Piper, Jr. - *Hoax and Reality: The Bizarre World of Multiple Personality Disorder*
• Harrison Pope - *Psychology Astray: Fallacies in Studies of 'Repressed Memory' and Childhood Trauma*
• Mark Craig, William Scott & Gini Scott - *You the Jury: Allegations of Sexual Abuse*
• Carl Sagan - *The Demon-Haunted World: Science as a Candle in the Dark*
• Daniel Schacter - *Searching for Memory: Brain, Mind and the Past*
• Joe Sharkey - *Bedlam: Greed, Profiteering, and Fraud in a Mental Health System Gone Crazy*
• Michael Shermer - *Why People Believe in Weird Things: Pseudoscience, Superstition, and Other Confusions of Our Time*
• Edward Shorter - *History of Psychiatry: From the Era of the Asylum to the Age of Prozac*
• Elaine Showalter - *Hystories: Hysterical Epidemics and Modern Media*
• Paul Simpson - *Second Thoughts: Understanding the False Memory Crisis and How It Could Affect You*
• Margaret Singer & Janja Lalich - *Cults in Our Midst* and *Crazy Therapies*
• Ralph Slovenko - *Psychiatry and Criminal Culpability*
• Susan Smith - *Survivor Psychology: The Dark Side of a Mental Health Mission*
• Christina H. Sommers - *Who Stole Feminism: How Women Have Betrayed Women*
• Nicholas Spanos - *Multiple Personality and False Memory*
• Elizabeth D. Squire - *Whose Death Is It, Anyway?*
• Dean Tong - *Ashes to Ashes... Families to Dust: False Accusations of Child Abuse: a Roadmap for Survivors*
• E. Fuller Torrey - *Freudian Fraud*
• Jeffrey Victor - *Satanic Panic.: The Creation of a Contemporary Legend*
• Hollida Wakefield & Ralph Underwager - *Return of the Furies: Analysis of Recovery Memory Therapy*
• Claudette Wassil-Grimm - *Diagnosis for Disaster*
• Richard Webster - *Why Freud Was Wrong: Sin, Science and Psychoanalysis*
• Larry Wright - *Remembering Satan: Case of Recovered Memory and the Shattering of an American Family*
• Reinder Van Til - *Lost Daughters: Recovered Memory Therapy and the People it Hurts*
• Michael Yapko - *Suggestions of Abuse*
• Allen Young - *Harmony of Illusions: Invention Post-Traumatic Stress Disorder*

Other Mentions

• *Second Thoughts* by Paul Simpson is recommended for families whose concerns were brought about by church-related counseling.
• Elaine Showalter's *Hystories* is noted for placing FMS within a social and historical context.
• *Smiling through Tears* by Freyd and Goldstein is highlighted for its unique perspective through cartoons.
• *The Dilemma of Ritual Abuse: Cautions and Guides for Therapists* by the American Psychiatric Press is mentioned as indicating ongoing work needed in the FMS field.
• *Spectral Evidence*, a book by Moira Johnston about the Ramona trial, is recommended for families experiencing FMS.

FMS Foundation Operations

FMSF Expenses (March 1996 - February 1997): An external audit shows that approximately 76.5% of Foundation expenses were spent on program services, including helping families, providing educational material, publishing the newsletter, and maintaining archives. 18.4% was allocated to administration, and 5% to membership and fundraising.

Believe the Children: Executive Director Beth Vargo announced that "Believe the Children" is closing its doors. The newsletter notes that the "believe the children" rallying cry originated around the McMartin trial in 1983, and that much has been learned about interviewing children since then.

Recurring Themes and Editorial Stance

The newsletter consistently addresses the complexities and controversies surrounding False Memory Syndrome, recovered memory therapy, and alleged ritualistic abuse. It highlights legal cases, critical analyses of therapeutic techniques, and the impact on families. The editorial stance appears to be one of critical inquiry into the FMS phenomenon, advocating for scientific rigor, consumer protection in mental health, and increased public education. The FMS Foundation actively promotes books and research that critically examine FMS and its related issues, while also providing resources and support to families affected by these issues. There is a clear emphasis on distinguishing between genuine abuse and potentially fabricated memories, and on the legal and ethical implications for therapists and the justice system.

This issue of the FMS Foundation Newsletter, dated July/August 1997, Vol. 6 No. 7, focuses heavily on the "Edenton" case, also referred to as the "Little Rascals" case, and the broader issues surrounding recovered memory and false memory syndrome. The publication is from the False Memory Syndrome Foundation (FMSF), a non-profit organization.

Comments About Edenton

The cover prominently features quotes from various newspapers and publications commenting on the Edenton case. These comments highlight the controversial nature of the prosecution, with some suggesting it was "persecution" and a "wasted" effort. The "News and Observer" in Raleigh notes the case has been "painful for everyone" and wasted "many years of many lives." The "News and Record" in Greensboro describes the prosecution as the "most expensive" in state history, involving "flimsy evidence and unconscionable delays," calling it a "chilling example" of a judicial system lacking common sense. The "Los Angeles Times" reflects on the difficult choices defendants face, weighing the probability of a lifetime in prison against a partial admission of guilt for freedom. The "Washington Post" emphasizes the need to protect children while also ensuring a presumption of innocence for the accused. The "Atlanta Journal and Constitution" criticizes the "deafening silence of the prosecutors," suggesting it's an attempt to "save face." Steve Hall of "The Indianapolis Star" notes the documentary suggests the plea-bargain system is a "lose-lose situation." Filmmaker Ofra Bikel is quoted as saying she wanted to hear from prosecutors to assure her that the prosecution "wasn't whimsical."

The Edenton Case: Legal Developments

The main article details the legal journey of the "Little Rascals" case, which involved accusations of child abuse at a day-care center. It recounts how initial convictions of Bob Kelly and Kathryn Wilson were ultimately overturned by the North Carolina Court of Appeals in 1995. The court criticized prosecutors and judges for "flagrant violation of our rules of evidence and misuse of closing argument." New trials were ordered, and the state Supreme Court affirmed these findings. The article notes that an editorial from a Wilmington paper called these decisions "about the only aspect of this notorious case in which North Carolinians can take pride."

Despite the overturned convictions, the legal battles continued. Prosecutors eventually dropped charges against three other female employees. However, Prosecutor Nancy Lamb filed new charges against Bob Kelly, alleging abuse of another child before the "Little Rascals" incident. This new case, which Kelly denies, was scheduled for trial. Robert Kelly had spent six years in prison and was free on bail since September 1995.

Recovered Memory and False Memory

Dr. August Piper Jr. addresses the questions of whether information exists for patients to determine the accuracy of their memories and whether false memories can be reinforced. He states that proof of memory accuracy requires external corroboration. Piper discusses the debate around "recovered-memory" therapies, noting that hypnosis can make people more suggestible and lead to implanted false memories. He provides an anecdote of a patient exposed to procedures designed to reinforce inaccurate beliefs.

The article also touches upon the debate regarding the validity of recovered memories, with critics arguing that laboratory experiments on implanting memories of benign events do not necessarily apply to more serious accusations. The difficulty in agreeing on what constitutes "recovered-memory therapy" and how vigorously it must be applied to be considered memory-implanting is also highlighted.

"No Middle Line on Corroboration"

This article by Allen Feld reviews a chapter by Jonathan Schooler, Miriam Bendiksen, and Zara Ambadar in "Recovered Memories and False Memories." Feld acknowledges the authors' conclusion that without corroborative evidence, science may not be able to definitively distinguish between real and fabricated memories. However, Feld emphasizes that the necessity of corroborated evidence is the crucial point, arguing that if therapists universally adhered to this standard, many families would have been spared devastation and legal battles.

Reader Correspondence

Michele Gregg writes to Dr. Stephen Lindsay, expressing concern that competent therapists who avoid suggestive memory work might be perceived by FMSF as not actively discouraging others from using such techniques. Gregg argues that these therapists have a moral and ethical responsibility to speak out against dangerous practices.

Paula Tyroler responds to Dr. Lindsay, expressing concern that the term "recovered memory experience" (RME) is being broadened to include "forgotten and remembered" memories, which she believes adds confusion. She argues for a neutral term like "intermittent recollection" or "cued recall" for such phenomena.

Personal Accounts and Family Reconciliation

One section features a personal account from a father whose daughter, after a period of estrangement related to false memory issues, initiated contact and expressed a desire for reconciliation. The father, while open to healing, also expresses a desire to understand the truth of what happened, acknowledging their differing positions.

FMS Foundation Activities and Information

The newsletter includes updates on FMS Foundation activities, such as a meeting in Sweden and efforts to disseminate information about memory and FMS. It also lists available conference tapes (videotapes and audiotapes) for purchase and provides contact information for FMSF representatives across the United States and internationally. Membership information and subscription rates for the FMSF Newsletter are also provided.

Recurring Themes and Editorial Stance

The recurring themes in this issue are the critical examination of the "Edenton" case, the debate surrounding the validity and potential harm of recovered memory therapies, the paramount importance of corroboration in assessing memory claims, and the FMS Foundation's role in advocating for scientific rigor and supporting families affected by these issues. The editorial stance is clearly against the unscientific application of memory recovery techniques and emphasizes the need for evidence-based practices and legal standards that protect against miscarriages of justice.