False Memory Syndrome Foundation - Vol 07 No 09 - 1998 nov

Magazine Overview

The False Memory Syndrome Foundation (FMSF) Newsletter, November 1998, Vol. 7 No. 9, addresses critical legal cases and professional debates surrounding recovered memory and dissociative identity disorder (DID), formerly known as multiple personality disorder (MPD).

Federal Trial at Spring Shadows Glen

The lead story details a federal criminal trial against five former employees of the Spring Shadows Glen private mental hospital in Houston, Texas. The defendants, including psychologist Judith Peterson, psychiatrists Richard Seward and Gloria Keraga, therapist Sylvia Davis, and administrator George Jerry Mueck, are charged with conspiracy, mail fraud, and insurance fraud. Prosecutors allege they knowingly misdiagnosed patients with MPD to keep them hospitalized. The jury heard testimony about the hospital using its own funds to pay insurance premiums and about tapes where defendants denied using hypnosis while telling insurance representatives they did. Patient reports showed discrepancies between nurses' and therapists' observations. A case involving a girl admitted to protect her from a satanic cult, who then recounted stories of multiple rapes despite no medical evidence of abuse, is highlighted.

The defense argued that treatments were appropriate given patients' pre-existing diagnoses and that some defendants genuinely believed in satanic cults. However, the newsletter questions how anyone, regardless of belief in cults, could ignore the controversial nature of the MPD diagnosis and the unreliability of hypnosis for memory recall, citing a 1985 American Medical Association statement.

The trial exposes what the FMSF calls "shameful horror" and links Spring Shadows Glen to practices associated with psychiatrist Bennett Braun in Chicago, against whom the Illinois licensing board filed charges. The newsletter notes that members of the International Society for the Study of Multiple Personality and Dissociation (ISSMP&D) honored Bennett Braun.

Wenatchee-A Personal Tragedy

This section recounts the case of Harold and Idella Everett, who spent nearly four years in prison for Wenatchee child sex ring convictions that were recently overturned. A three-judge panel ruled that intimidation and false information were used to obtain confessions, and that improper methods were used to elicit accusations from their children. The Everetts, who are illiterate and mentally disabled, received no compensation for their wrongful imprisonment. Their five children were removed by the state, and their current whereabouts are largely unknown. The article notes their difficult post-release circumstances, living with minimal resources.

Professional Skepticism about MPD

This section delves into the professional community's skepticism towards MPD, referencing a 1988 study by Paul F. Dell published in the Journal of Nervous and Mental Disease. The study surveyed members of the ISSMP&D and found that 98% of respondents had encountered skepticism about MPD diagnoses. 82% considered this skepticism to be moderate to extreme, with psychiatrists being the most frequent and severe purveyors. The study suggests that MPD was not generally accepted in the professional community in 1988.

Recovered Memory Research and Legal Testimony

Several articles discuss research and legal implications of recovered memories:

• An Architectural Mind: A dissertation by Stephen Porter examined the implantation, discrimination, and susceptibility to false memories of emotional childhood events. Porter found that 26% of participants experienced complete created memories and 30% experienced partial memories, differing from real memories in confidence, vividness, and detail.
• Accuracy of Reports of Recovered Memories of WWII Experiences Questioned: This section notes that the current issue of Professional Psychology: Research and Practice contains articles challenging claims about repressed memories of WWII combat neuroses.
• Fragments: Memories of a Wartime Childhood: A book by Binjamin Wilkomirski, acclaimed for its account of childhood in concentration camps, is questioned by Swiss writer Daniel Ganzfried, who suggests the book is likely fiction.
• Expert Testimony Regarding Repressed Memory: This article examines the use of expert testimony in legal cases involving repressed memories, noting that courts often reject such testimony if it is based on conjecture, lacks supporting facts, or is tailored to meet statutory requirements. The reliability and admissibility of such testimony are frequently challenged, with judges acting as gatekeepers.
• Repressed Memory Testimony in Murder Cases: This section highlights cases where repressed memory testimony has led to murder charges, but suggests that delays in coming forward may have more mundane explanations than repression. It also discusses cases where hypnosis was used to elicit memories, and the questioning of convictions based on such testimony.

Illinois Regulators Probe Repressed-Memory Therapies

The Illinois Department of Professional Regulation (DPR) has broadened its investigation into doctors accused of misusing controversial repressed-memory therapies. The article details a complaint against Dr. Bennett Braun, whose techniques allegedly harmed the Burgus family, leading to a $10.6 million settlement. It also mentions a complaint against Dr. Elva Poznanski for her treatment of two young brothers, who were allegedly made to believe they were abused and involved in satanic activity.

Man Falsely Accused of Molestation Wins Settlement

Ed Compton and his wife received a $1.5 million settlement from the state of Arizona after being falsely accused of sex crimes with their foster children. The lawsuit claimed the Arizona Department of Economic Security failed to properly investigate and train its employees.

FMSF Expenses and Call for Support

The newsletter includes a breakdown of FMSF expenses for March 1997-February 1998, showing that Program Services/Education accounted for 81% of the $675,269 total. A "Dear Friends" letter appeals for financial support, likening the foundation to public broadcasting and emphasizing its mission to end the "madness" of false memory syndrome and encourage mental health standards.

Recurring Themes and Editorial Stance

The recurring themes in this issue are the legal ramifications of recovered memory claims, the skepticism surrounding MPD diagnoses, and the alleged malpractice within the mental health profession. The FMSF's stance is critical of therapies that rely on hypnosis and suggestive techniques to elicit memories, viewing them as potentially harmful and contributing to false accusations and legal battles. The newsletter advocates for greater scrutiny of these practices and supports individuals and families affected by what it terms "false memory syndrome."

Title: FMS Foundation Newsletter
Issue: Vol. 7 No. 9
Date: November 1998
Publisher: FMS Foundation
Country: USA
ISSN: 1069-0484

This issue of the FMS Foundation Newsletter delves into critical legal and psychological issues surrounding false and repressed memories, featuring several court case analyses, personal reflections, and updates on the Foundation's activities.

Legal Cases and Expert Testimony

The newsletter highlights two significant appellate court decisions concerning the admissibility of expert testimony related to repressed memory. In *State of Wisconsin v. Kutska*, the court upheld the exclusion of expert testimony that aimed to explain a witness's delayed recollection, focusing on the jury's role in assessing credibility rather than the reliability of repressed memory itself. The court reasoned that such testimony could usurp the jury's function and that common sense would guide jurors on the topic.

Similarly, in *Commonwealth of Pennsylvania v. Crawford*, the Pennsylvania Supreme Court affirmed the exclusion of expert testimony that attacked the credibility of a prosecution witness by suggesting their revived repressed memory could not be trusted. The court emphasized that admissibility of evidence is a matter of trial court discretion and that rulings are not disturbed unless an abuse of discretion is shown. The case involved a witness who reported repressed memories of a drowning that occurred 20 years prior, leading to a conviction.

The article "Two State Appellate Courts Hold that Trial Courts Did Not Err in Excluding Expert Testimony for Purpose of Explaining Why an Individual Delayed in Coming Forward" provides an editor's note explaining that in both cases, the defense sought to challenge witnesses who came forward with delayed recollections. The courts consistently held that the issue was the witness's credibility, not the reliability of "repressed memory" testimony, as ample other testimony was available for the jury to assess credibility.

Updates on Cases and Legal Developments

Hypnotherapist Asks For Parole: Geraldine A. Lamb, a hypnotherapist charged with implanting false memories, has sought early release. The Missouri attorney general's office opposes her release, and victims testified at a parole board hearing.

Innocence Project Takes Up Wenatchee Cause: A group of over 80 volunteers, including legal experts, are examining court records to appeal for new trials for individuals convicted in the Wenatchee child sex-abuse cases. The project, named Innocence Project Northwest, aims to win new trials for 16 people still in prison.

News Flash: Multiple Personality Disorder in a Chimpanzee

Dr. August Piper Jr. reports on a newspaper article about a chimpanzee named Kiki exhibiting signs of multiple personality disorder (MPD). The article details the psychologist's claims about Kiki's "memory banks" and responses to commands based on different "modes." Dr. Piper expresses skepticism, questioning the elevation of animal behavior to "personality" and the certainty of the psychologist's interpretations.

Commentary on MPD and Therapy

Dr. Piper further discusses the proliferation of MPD diagnoses, criticizing practitioners for making pronouncements about invisible mental processes and diagnosing MPD on flimsy evidence. He shares two case examples: Ms. A, who was diagnosed with MPD by an outside psychologist, leading her long-term therapist to drop her, and Ms. B, a 14-year-old diagnosed with MPD and bulimia, with the counselor linking it to childhood sexual mistreatment. Ms. B's parents were concerned about her deteriorating condition and the lack of evidence for mistreatment, while the counselor remained firm in her diagnosis.

Dr. Piper poses the question to readers about how to advise Ms. A and Ms. B's family, highlighting the complexities of therapist-patient confidentiality versus parental duty to protect a child.

Reader Contributions and Perspectives

Letter from Allen Feld: Allen Feld expresses gratitude for support following an accident and updates readers on his physical improvement and return to work. He emphasizes the importance of informing the public about the false memory syndrome problem.

"Get Involved" Section: This section encourages readers to actively inform others about false memory syndrome, stressing that "information is power." It suggests sharing personal stories with trusted family, friends, and clergy, and utilizing resources like the FMSF Newsletter and PBS documentaries.

Response to Piper's Column by Barbara, A Mom: A mother responds to a previous column, stating her need for a "recantation" and "expression of remorse" before reconciliation with her daughter, who accused her deceased father and then herself. She reflects on the difficulty of forgetting the past and the impact of accusations on family relationships.

Personal Choices by A Mom: This piece contrasts Alzheimer's disease with false memory syndrome, noting that while Alzheimer's is involuntary, false memory belief patterns are entered into voluntarily. The author expresses a desire for personal peace and happiness, stating she cannot reconcile with her daughter due to unanswered questions.

"In a Word: No Apology" by A Mother: This reader shares her positive experience with the FMSF Newsletter, appreciating the focus on the nature of Recovered Memory Therapy. She expresses hope for a resolution to the tragedy of false memory claims.

Letter from Barbara, A Mom: This reader shares a poem reflecting on her daughter's life and the pain of being cut off. She expresses understanding and a commitment to living with faith and hope.

"This Helped Me" Section: A reader shares a personal reflection on coping with difficult circumstances through prayer and understanding, titling her thoughts "For Now: I Understand." She expresses acceptance of her roles as a wife and mother.

Poem by A Wife, Mother, and Grandmother: This poem reflects on letting go of past hurts and embracing life's joys, offering a formula for coping with negative emotions.

Quote from Steven Rose: A quote from Steven Rose in The Guardian suggests that dwelling on the past in pursuit of "recovered memory" might be harmful and that forgetting history can sometimes be beneficial.

Events and Contacts

The newsletter lists upcoming events in Southern California, including a "Reconnection: Building a Bridge" seminar and a Skeptic Society meeting, both featuring speakers like Pamela Freyd and Eleanor Goldstein. It also provides contact information for FMS Foundation members and meetings across the United States, Canada, Australia, Israel, Netherlands, New Zealand, Sweden, and the United Kingdom.

FMS Foundation Information

Contact information for the FMS Foundation is provided, including its address, phone, and fax numbers, and the Executive Director, Pamela Freyd. Information on yearly membership, subscription rates, and how to subscribe is also included. The Foundation is a qualified 501(c)3 corporation.

Recurring Themes and Editorial Stance

The recurring themes in this issue revolve around the legal and psychological complexities of false and repressed memories, the role of expert testimony in court, and the impact of these issues on individuals and families. The FMS Foundation's stance appears to be one of critical examination and skepticism towards the uncritical acceptance of repressed memory claims and certain psychological diagnoses like MPD, advocating for a more evidence-based and cautious approach. The newsletter actively encourages public education and informed discussion on the topic.