False Memory Syndrome Foundation - Vol 07 No 08 - 1998 oct

Magazine Overview

This issue of the False Memory Syndrome Foundation (FMSF) Newsletter, dated October 1998, focuses heavily on the legal and scientific controversies surrounding repressed memories, Multiple Personality Disorder (MPD), and alleged satanic ritual abuse (SRA).

Key Articles and Content

U.S.A. v. Peterson et al. Trial

The lead story details the criminal trial of U.S.A. v. Peterson et al. in Texas, which began in September 1998. Prosecutor Larry Eastepp presented a list of "unindicted co-conspirators," including medical professionals, suggesting their statements could be used as evidence. The trial is expected to expose "bizarre and harmful treatments" involving coercive mind-manipulation. The FMSF notes a guarded professional reaction, with some psychiatrists viewing it as another medical mistake like lobotomies, while others express discomfort with a criminal trial for a diagnosis they disagree with. The newsletter emphasizes that the trial is about "fraud" and the use of "mind-altering" techniques for personal gain, not about criminalizing psychotherapy or diagnoses. The article mentions Mary Shanley, a former patient at Spring Shadows Glen, whose testimony is central to the trial, and notes the involvement of Judith Peterson, Bennett Braun, Roberta Sachs, and Corydon Hammond.

Critique of the DSM-IV

Several articles critically examine the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition (DSM-IV). The FMSF argues that the inclusion of "Dissociative Amnesia" in the DSM-IV does not validate the concept of repressed memories or MPD. The newsletter presents seven points challenging this argument:

1. DSM-IV Urges Caution: The manual was not written for forensic settings, and its use there carries risks of misuse.
2. Controversy Noted: The DSM-IV acknowledges considerable controversy and lack of consensus regarding Dissociative Amnesia, noting increased reported cases and differing interpretations.
3. Distinguishing from Malingering: The DSM-IV states there are no tests to distinguish Dissociative Amnesia from malingering (feigning symptoms).
4. Need for Corroboration: The DSM-IV indicates there is no method to establish the certainty of retrieved memories without corroborative evidence.
5. Published Since 1993: New knowledge generated since the DSM-IV's publication in 1993 may require reconsideration of its classifications.
6. Developed by Committee: The DSM-IV reflects a consensus derived at the time of publication, not solely scientific evidence.
7. Social Interests: Some diagnoses may be based more on current social interests than on scientifically validated principles, citing books like "The Selling of DSM."

The article "A Lesson from History" draws parallels between the "witch-craze" of the 16th and 17th centuries and the current debate over repressed memories, warning that manuals detailing how to identify phenomena do not validate their existence. It suggests that treating repressed memories without external validation is malpractice.

Legal Rulings on Repressed Memory Testimony

Multiple sections report on court decisions finding repressed memory testimony inadmissible. These rulings often stem from evidentiary hearings where judges act as "gatekeepers" to exclude unreliable scientific theories. Cases cited include:

• Mensch v. Pollard (Washington): The court found that neither dissociative amnesia nor the methods of memory recovery are generally accepted in the scientific community, precluding expert testimony. The court also questioned the validity of Statement Validity Analysis (SVA).
• Barrett v. Hyldburg (North Carolina): The court excluded evidence of alleged "repressed memories" of sexual abuse, finding no conclusive scientifically valid studies or general acceptance in the scientific community.
• Ontario Health Professions Board: An investigation was ordered into a complaint against Dr. Elizabeth Galloway for misdiagnosing a patient based on "recovered memories," leading to deterioration of the patient's health.
• Avis v. Laughlin (Washington): A malpractice suit against John Laughlin, who allegedly altered memories and coerced a patient into believing she was a victim of an "intergenerational satanic cult," settled under confidential terms. Laughlin's credentials and lack of awareness of corroborating research were questioned.
• John W. Laughlin (Washington State Counselor): John Laughlin faced license suspension for inappropriately using hypnosis and promoting satanic ritual abuse beliefs, including offering an exorcism.
• Richards v. City of New York: A federal judge ruled that assistant district attorneys could not claim absolute immunity in a civil rights suit alleging they coerced daughters into falsely stating they saw their mother kill someone.

Other Content

• Fund Drive Alert: An appeal for financial support for the Foundation's annual fall fund drive.
• Special Thanks: Acknowledgment of individuals who helped prepare the FMSF Newsletter.
• Interesting Observations: Quotes from John Briere, Ph.D., and Walter Afield, M.D., on the nature of mental illness and advertising, and a note on the decline in admissions to private treatment centers.
• Professional Skepticism of MPD: A review of a study by Cormier and Thelan (1998) which found that while most psychologists believed MPD to be a valid diagnosis, a significant portion expressed skepticism.
• "Pinning Jell-O to the Wall": An article by Paula Tyroler and Pamela Freyd discussing the ambiguity and proliferation of terms related to memory, repression, and dissociation.
• Book Review: A critical review of Sidney Sheldon's novel "Tell Me Your Dreams," which the reviewer finds to be a poor depiction of MPD and based on questionable premises.
• Continuing Education Watch: Information on various therapeutic techniques and seminars approved for continuing education credit, including TIR, EFT, NLP, and BSFF.
• Repressed Memories in Media: Mentions of "Touched by an Angel" featuring a storyline about recovering repressed memories of abuse.

Recurring Themes and Editorial Stance

The FMSF Newsletter consistently adopts a skeptical stance towards the concepts of repressed memory, recovered memory therapy, and Multiple Personality Disorder (MPD), particularly when these are used in legal contexts or presented as scientifically validated phenomena. The editorial stance is critical of psychiatric practices that it deems unscientific, potentially harmful, or fraudulent. The newsletter champions rigorous scientific evidence, external validation, and caution in diagnostic practices, especially when dealing with sensitive issues like alleged abuse. It positions itself as a watchdog against what it perceives as the overreach and unscientific basis of certain therapeutic and diagnostic trends, particularly those related to memory recovery and dissociation.

This issue of the FMS Foundation Newsletter, dated October 1998, Volume 7, Number 8, focuses on the ongoing controversies and legal battles surrounding false memory syndrome and repressed memory therapy. The publication serves as a platform for documenting cases, sharing legal updates, and advocating for greater awareness and ethical practices within the mental health field.

Key Articles and Case Summaries

Professional Negligence Charges Filed Against Well-Known Psychiatrist: Tyo v. Ash, et al

This section details a significant lawsuit filed in Texas by Martha Ann Tyo against four therapists, including Colin Ross, M.D., and two hospitals. Tyo alleges negligence, fraud, fraudulent concealment, and conspiracy to commit fraud. The core of the complaint is that the therapists, through suggestive and hypnotic techniques, allegedly planted and encouraged false memories of satanic abuse in Tyo. The therapists are accused of failing to evaluate her symptoms carefully, alienating her from her family, and reinforcing the emerging "memories" as truth. The lawsuit also claims that the defendants sought to extract maximum money from Tyo and her insurance carrier. Specifically, Kathleen Stanley used suggestive and hypnotic techniques to regress Tyo to a "childlike state" and diagnosed bodily sensations as "body memories" of abuse, encouraging Tyo to read "The Courage to Heal." Stephen Ash, described as a "cult specialist," allegedly diagnosed Tyo with MPD based solely on a Rorschach test, despite no prior diagnosis. Ash's methods, including hypnosis and "exorcisms," allegedly led Tyo to believe in "horrendous 'memories' of sexual abuse, ritual murders, and torture by members of her family."

Colin Ross, M.D., head of the MPD Unit at Charter Hospital, became involved when Tyo was hospitalized. Ross and counselor Mary Grundman, who identified herself as a "Christian counselor," continued Tyo's therapy. They allegedly identified numerous "alters" or "fragment" alters, some of whom were described as cult operatives. The complaint asserts that these alters did not exist and that the false beliefs were a product of coercion and suggestion. Ross and Grundman allegedly failed to advise Tyo about the controversial nature of MPD and SRA and reinforced her "memories" without independent verification. Tyo's condition reportedly worsened under their care, and she was allegedly told she would be sacrificed if she returned to the "cult."

Jury Rejects Malpractice in Repressed Memory Claim: Greene v. Charter Pines Hospital, Wallace, Timmons, et al.

This report covers a North Carolina jury's decision on August 19, 1998, rejecting a woman's claim for a multimillion-dollar malpractice verdict against two therapists. Susan Greene accused psychologist Daphne Timmons and psychiatrist Scott Wallace of planting false sex-abuse memories through hypnosis, suggestive questioning, and "truth serum" drugs. The defense argued that the therapists were attempting to help Greene and that, even if repressed-memory techniques were used, they were not considered controversial in the early 1990s when the treatment occurred. The jury found in favor of the defense, with plaintiff's attorney Christopher Barden planning to appeal, citing that "virtually every other jury in every other state...has ruled that these so-called 'therapy' practices are not acceptable."

NEW MALPRACTICE FILINGS CLAIMING IMPLANTATION OF FALSE MEMORIES

The FMS Foundation is tracking 139 malpractice suits against mental health providers. The article highlights the dangers of improper techniques like hypnosis, which can lead to disturbing images or feelings that are then framed as "memories." It emphasizes the need for professional organizations to police their ranks to protect vulnerable patients.

UPDATES OF CASES WE HAVE BEEN FOLLOWING: Psychiatric Malpractice Claim against Richard Kluft, M.D.

A suit against Richard Kluft, M.D., and the Institute of Pennsylvania Hospital was settled after two days of trial testimony. The plaintiff alleged that Kluft used suggestive and coercive techniques, causing the patient to falsely believe she was a victim of childhood sexual abuse by her father. The Institute was also accused of failing to establish procedures for skilled patient care and supervision.

Amirault Case

This brief mention notes that Gerald Amirault hopes for a successful appeal of his 1986 conviction, referencing a recent Massachusetts ruling in his sister Cheryl Amirault LeFave's case. Both were convicted of raping children at their day care center. Cheryl was granted a new trial due to new scientific findings on interviewing children to minimize false reports.

Wenatchee Couple Allowed to Withdraw Plea

A Washington Appeals Court allowed a couple imprisoned in Wenatchee child sex ring cases to withdraw their Alford pleas. The couple contended they were coerced into pleading guilty due to improper interview techniques by police and social workers, and because one of the accusers recanted her testimony. The court found the recantation believable and that a unanimous verdict might not be obtained.

"Make a Difference" Section

This section encourages readers to contribute to spreading information about repressed memory therapy by writing book reviews for a website. It suggests books like "Victims of Memory" and "Manufacturing Victims" and asks for reviews that focus on content and context, comparing them to other relevant works.

"Moral Relativism about FMS"

This excerpt critiques the argument that false memories of sexual abuse are uncommon, citing a statistic from "The Courage to Heal" that even if all reported falsely accused families were indeed falsely accused, it would amount to only 0.01% of estimated adult survivors. The author expresses concern about the "ethical and moral relativism" of this reasoning, stating that even one unjustly accused person is significant.

Protesting a Conference

Katie Spanuello reports on a protest against a conference in Evanston, Illinois, sponsored by VOICES in Action and the International Society for the Study of Dissociation. The conference agenda included talks on satanic ritual abuse and a keynote by Ellen Bass. The Illinois False Memory Society wrote letters to the Attorney General to educate him about repressed memory therapy. One individual, Mattie, organized a picket line, attracting about a dozen people, including Nadean Cool. The Attorney General avoided the protesters by using a back entrance. A conference organizer filmed the protesters, and some attendees reacted negatively. The report notes that two TV stations and two major newspapers covered the event.

Editor's Comment Regarding Protests

The FMS Foundation clarifies that it does not encourage picketing but reports on such events as part of its documentation of the FMS phenomenon. It emphasizes the importance of freedom of speech and condemns any activity that stifles expression, referencing a past incident where a protest at McGill University prevented a presentation.

From Our Readers

Thank You, Beth Rutherford

This section expresses gratitude for the support of the FMS Foundation, noting how it helped individuals feel less alone and provided a "blueprint" for understanding and relating to the issue of false memories. The term "return" is preferred over "recanter" to describe those who have moved past false memories.

Memories Return

A personal account from a mother whose daughter claimed recovered memories of sexual molestation. The daughter refuses to communicate with family members but does not refute the FMS Foundation's work. The mother notes that her daughter's condition worsened after hospitalization and that she was diagnosed with MPD. The mother's early opinion that her daughter should have been diagnosed with Borderline Personality Disorder is reinforced by an article discussing MPD experts.

Apples's Law of Recovery Movements

A brief statement: "You can't recover from a problem you don't have."

Apologies Later

This letter from "A Sister" expresses a desire for her sister, who was "de-socialized" by the RMT process, to apologize, retract, and demonstrate behavioral change before being allowed back into her life. The sister's current interpersonal style is described as "vicious, cruel, selfish, and destructive."

Apologies Later (Michael)

This letter from Michael identifies himself as a "retractor" and prefers this term over "recanter." He describes his experience in Del Amo Hospital, where he and other children recovered "memories" accompanied by nightmares. He states that these dreams, along with sodium amytal and hypnosis sessions, reinforced the memories. He recounts a disturbing dream of dismembering a child.

Informed Consent Laws

This section discusses the need for "informed consent" laws in every state for therapists using hypnosis. It highlights the risks of therapy-induced hypnosis and the potential for patients to develop false memories of sexual abuse. The author mentions representing victims of false memories and references the Rutherford family case.

Thank you, Dr. Herbert Spiegel

This section thanks Dr. Herbert Spiegel for his comments, which confirm the author's belief that her daughter should have been diagnosed with Borderline Personality Disorder rather than MPD. It also touches upon the idea that false memories can be implanted through "contagion" or other means, such as books and friends.

Recurring Themes and Editorial Stance

The FMS Foundation Newsletter consistently advocates for a critical examination of repressed memory therapy and its potential harms. The recurring themes include the dangers of suggestive therapeutic techniques, the importance of informed consent, the legal ramifications of malpractice in therapy, and the need for professional accountability. The foundation's stance is clearly against the uncritical acceptance of recovered memories, particularly those involving alleged satanic ritual abuse, and emphasizes the potential for these memories to be false implants with devastating consequences for individuals and families. The newsletter actively documents cases, legal proceedings, and research that support its critical perspective on the false memory syndrome phenomenon.