False Memory Syndrome Foundation - Vol 08 No 04 - 1999 june

Magazine Overview

This issue of the FMS Foundation Newsletter, dated June 1999, focuses on the ongoing impact and challenges of the false memory syndrome crisis. The editorial highlights that while the 'recovered memory fad' may be declining, the core beliefs persist among many professionals, necessitating continued efforts to counter them. The newsletter features articles, legal case reviews, and book reviews that critically examine the concepts of recovered memories, therapeutic practices, and the influence of psychoanalysis.

Editorial: Dear Friends

The editorial, written by the FMS Foundation staff, reflects on the progress made since the Foundation's inception in 1992. It acknowledges that while some aspects of the recovered memory crisis are waning, the belief in the accuracy of recovered memories remains strong among many professionals. The roots of these beliefs are deep, and a revival of the crisis is possible. The Foundation's work has challenged erroneous beliefs, but more effort is needed, particularly in addressing the painful family estrangement caused by these accusations. The editorial emphasizes the importance of mature communication and reconciliation within families, noting that external forces like books and media events, or even people, can help bring families back together. An example is given of a daughter who returned to her family after an Al-anon meeting, focusing on personal responsibility rather than blame. Another letter highlights the role of a supportive mother-in-law in family reconciliation. The piece suggests that if more professionals dispelled erroneous notions about recovered memories and encouraged family ties, it would have a dramatic impact. The editorial also notes the passing of Rudy Laubscher, an accused father who died before reconnecting with his children, underscoring the tragic consequences of unresolved accusations.

Articles and Features

Thoughts on the False Memory Crisis by Allen Feld

Allen Feld, Director of Continuing Education for the FMS Foundation, discusses the ebb and flow of crises, both societal and personal. He notes that the initial shock of a crisis can immobilize, but it also often stimulates action, leading to the creation of the FMSF. He describes the Foundation's origins as a coalition of professionals and affected families who confronted the societal problem of false accusations of incest. Feld outlines the societal factors that contributed to the crisis, including increased awareness of child abuse and domestic violence, and the acceptance of therapy as a means to 'fix' problems. He points to the role of successful lawsuits and the subsequent questioning of memory's validity through books and articles as factors in the crisis's abatement. Feld concludes that personal crises are also waning, evidenced by the resilience of FMSF families. He notes that while some families have found reconciliation, others have moved on, and some have lost hope.

My Experience With Multiple Personality Disorder by Gail Macdonald

This section reviews Gail Macdonald's book, which details her experience with Multiple Personality Disorder (MPD) and the training of therapists in this area. The review highlights how a therapist's approach changed after receiving MPD training, leading many clients to exhibit MPD symptoms. The reviewer suggests that this training may have contributed to the proliferation of MPD diagnoses.

Book Review: Madness on the Couch: Blaming the Victim in the Heyday of Psychoanalysis by Edward Dolnick

Robert McKelvey reviews Edward Dolnick's book, which critically examines Sigmund Freud's influence on mental health treatment. Dolnick argues that Freud's theories, particularly those blaming parents (especially mothers) for mental disorders, were influential due to the lack of effective alternatives at the time. The review notes that Freudian analysis blamed 'bad behavior' rather than 'bad genes' and that this approach led to egregious 'parent-bashing.' The book suggests that the decline of psychoanalysis was due to a lack of scientific evidence and the eventual introduction of effective drug treatments and lawsuits. Dolnick believes that while psychology may not dominate mental health unchallenged, it can work with biology for better outcomes. The review also touches on the continued influence of talk therapists in treating the 'worried well' and their use of tactics to uncover repressed memories, multiple personalities, and satanic ritual abuse.

Article Review: The Bankruptcy of the Argument "It's in the DSM-IV" by Terence W. Campbell

This review discusses Terence Campbell's article, which challenges the evidentiary reliability of the Diagnostic and Statistical Manual of Mental Disorders (DSM-IV). Campbell details the legal deficiencies of the DSM-IV, noting its lack of scientific support and failure to meet legal standards for expert testimony. The review highlights issues such as interrater reliability, the subjectivity of clinical judgment, and the rapid updates of the manual. It concludes that forensic psychologists should identify the severe forensic limitations of the DSM-IV.

Therapy's Delusions: The Myth of the Unconscious and the Exploitation of Today's Walking Worried

This is a brief mention of a book by Ethan Watters and Richard Ofshe that critiques talk therapy as a masquerade of scientific discipline and calls for reform in the mental health profession.

Legal Corner: Malpractice Suits Claiming Suggestion of False Memories

This section reports on numerous malpractice lawsuits filed by individuals who allege their therapists encouraged, suggested, or reinforced false memories of childhood sexual abuse. It details specific cases, including settlements in Pennsylvania involving Genesis Associates and psychologist Karen Burgoyne in Wisconsin. The cases often involve accusations of encouraging clients to cut ties with family and the implantation of false memories of abuse and satanic rituals.

Legal Corner: Psychiatric Hospital Fraud Investigations Continue

This section reports on an increase in investigations into psychiatric hospitals for fraud, following a federal trial in Texas. It mentions a CBS '60 Minutes II' broadcast about unsafe conditions and falsified records at a Charter Behavioral Health Systems hospital. It also details lawsuits against Tucson Psychiatric Institute and National Medical Enterprises (NME) for fraud and false imprisonment, alleging unnecessary institutionalization and mistreatment.

Legal Corner: Cases Involving Maryland Psychiatric Hospital and Illinois False Memory Malpractice Suit

Two legal cases are summarized: one involving a Maryland psychiatric hospital where a suit was resolved before trial concerning a patient's injury being misinterpreted as psychiatric, and another in Illinois where a psychologist is being sued for allegedly convincing a patient of satanic ritual abuse and MPD.

Legal Corner: Malpractice Suits Filed Recently in Other Countries

This section briefly mentions a father and daughter preparing a suit in Scotland against the Scottish National Healthcare Trust for negligence related to repressed memory therapy. It also notes a suit filed in Australia by a couple against the government and police after being falsely accused of sexual abuse based on their daughters' recovered memories.

Legal Corner: Appellate Courts Consider Third-Party Claims

This section discusses how appellate courts are considering claims brought by third parties (e.g., parents) who allege they have been harmed by a therapist's actions towards a patient, particularly when the therapist encourages the patient to confront the accused. It notes that some courts have held a duty may be owed to a third party under certain circumstances.

Legal Corner: California Appellate Court Bars Third-Party Suit

This case summary details a California appeals court affirming the dismissal of a negligence suit brought by a father who claimed his daughter's therapist implanted false memories of abuse, ruling that a therapist's duty does not extend beyond the patient to the patient's parent.

Legal Corner: Iowa Supreme Court Holds Therapist Does Not Owe a Duty to Patient's Child

This case summary explains that the Iowa Supreme Court affirmed the dismissal of a negligence claim brought by a minor child against his mother's psychologist, ruling that a therapist does not owe a duty to a patient's child.

Legal Corner: Wenatchee Update

This brief report notes that the City of Wenatchee paid a settlement to Robert Devereaux, who sued for malicious prosecution and wrongful arrest after being charged with sexual abuse.

Recurring Themes and Editorial Stance

The recurring themes in this issue are the persistent influence of the false memory syndrome, the legal ramifications of therapeutic malpractice, and the critique of psychoanalytic and talk therapy approaches. The FMS Foundation's stance is clearly critical of the uncorroborated acceptance of recovered memories, emphasizing the potential for harm, family disruption, and the need for scientific rigor and external validation. The newsletter advocates for a more responsible and ethical approach in mental health treatment, urging professionals to avoid suggestive techniques and to prioritize the well-being of all parties involved, including those falsely accused.

The FMS Foundation Newsletter, Volume 8, Number 4, dated June 1999, is a publication focused on issues surrounding false memory syndrome, recovered memory therapy, and its impact on individuals and families. The newsletter features legal updates, personal testimonies, and discussions on the scientific and psychological aspects of memory and trauma.

Key Articles and Features

Bennett Braun Trial Postponed The lead story reports that the trial of prominent psychiatrist Bennett Braun and his colleagues, facing charges from the Illinois Department of Professional Regulation related to the treatment of the Burgus family, has been postponed from May 1999 to November 1999. Lead prosecutor Thomas Glasgow described Braun's motion for psychological tests of the Burgus family as an attempt to 'intimidate and bully' them. The motion was denied.

Rhode Island Court Rules Recovered Memory Testimony Unreliable This section details the ruling in *State of Rhode Island v. Quattrocchi*, where a Rhode Island Superior Court judge declared that repressed memory testimony is inadmissible as scientific evidence. The judge, Edward C. Clifton, cited the lack of general acceptance of repressed recollection within the scientific community, referencing standards like *Daubert* and *Frye*. The ruling followed a reversal by the Rhode Island Supreme Court of a conviction based on repressed memories, which mandated a preliminary hearing on the reliability of such testimony.

The article lists expert witnesses who testified, including Paul McHugh, Richard Ofshe, and Elizabeth Loftus for the defense, and Daniel Brown, Patricia Gavin-Reposa, Barry Wall, and Paul Appelbaum for the state. The court noted significant disagreement among experts on the processes of repression and retrieval, and the possibility of retrieval itself. The decision aligns with other rulings that have found repressed memory testimony insufficiently reliable for trial.

Questioning the Reliability of Repressed Memory Testimony This extensive section lists numerous trial courts that have held evidentiary hearings on the admissibility of repressed memory testimony. The majority of these courts have ruled that the theory of 'repression' is not generally accepted as a valid construct and that no reliable method exists to determine the accuracy of 'repressed memory' claims. Cases from various states, including North Carolina, Minnesota, Maryland, New Hampshire, and Arizona, are cited. The article highlights that most rulings found such expert evidence unreliable, with one exception being reversed on appeal, and another narrowly defining the 'relevant scientific community' to include only clinicians treating trauma victims.

Louisiana Court Affirms Dismissal of Delayed-File Case The *Steele v. Steele* case is discussed, where a Louisiana court affirmed the dismissal of a suit for alleged childhood sexual abuse. The plaintiff claimed PTSD prevented him from appreciating damages, but the majority held the claim was time-barred. A dissenting judge argued for a novel interpretation of 'emotional dissociation' as 'legal repression,' suggesting the statute of limitations should be tolled until the emotional impact returned.

Massachusetts Supreme Judicial Court to Hear Amirault Case Again This piece covers efforts to save a sex abuse case that led to convictions in the 1980s based on children's testimony. Prosecutors are seeking to deny Cheryl Amirault LeFave a new trial. A previous Superior Court judge had ordered a new trial and invalidated much of the children's testimony due to suggestive questioning methods, finding it tainted. The case lacks physical evidence, making the children's testimony crucial.

MPD Misdiagnosis (From Our Readers) A reader shares their experience of being misdiagnosed with Multiple Personality Disorder (MPD), describing the process as a 'deception' and 'childhood trauma' that led to suicide attempts, despair, and misinformation. The author criticizes the media and some therapists for romanticizing MPD and accepting recovered memories without question, emphasizing the damaging effects of such therapy.

Trauma (From Our Readers) Another reader recounts their experience with recovered memory therapy, stating that the shock was not comparable to a natural disaster. Their daughters recovered 'memories' with a therapist, leading to a painful family experience. The author contrasts this with the work of Dr. David Spiegel on traumatic stress.

New Zealand Update This section provides an update on the restructuring of COSA National in New Zealand. The national body is closing, but two separate Incorporated Societies, COSA South and COSA North, will continue to operate, catering to the South and North Islands respectively. The focus will be on supporting members and addressing the aftermath of false memory cases.

The Dedication A personal story about a family's reconciliation after a daughter accused her father of abuse. The daughter, 'Carolyn,' who had previously cut off contact and legally changed her son's name, has since re-established contact with her parents. The parents express gratitude for this turnabout, viewing it as a 'miracle of answered prayer,' and emphasize that the 'subject' of the accusations has never been discussed.

No Derailment (From Our Readers) A parent writes about regaining contact with their daughter after 7 1/2 years of no communication. The daughter sent a note indicating a religious experience and having 'forgiven' them. The parents are happy to have contact and do not wish to 'derail' it by demanding a recantation, as they know no abuse occurred.

Moral Patricide (From Our Readers) This letter defines 'moral patricide' and 'moral matricide' as character assassinations of parents, equating them to hate crimes. The author argues that the effects of such character assassination and the loss of a child can last for years, unlike the short duration of lynchings.

After Five Years (From Our Readers) A parent shares their experience of regaining contact with their daughter after five years of no contact. The daughter expressed sorrow for the grief her family suffered, which the parents are grateful for.

Distancing (From Our Readers) A reader reflects on managing grief related to false memory accusations, noting that while they can distance themselves, the grief remains.

Wills (From Our Readers) This account describes how parents rewrote their wills after children made accusations of abuse. One child has since returned and retracted, leading to another will revision. The other child has returned but not retracted, and neither she nor her children are included in the will. Trusts for grandchildren were cancelled due to the therapist's involvement.

My Friend Rudy Deborah David writes a tribute to her friend Rudy Laubscher, a truck driver who was falsely accused by his daughter, a doctor. Rudy supported his family through lawsuits and maintained his sense of humor and love of life despite the accusations and estrangement from his children. He died of an infection in April 1999. The author laments the destruction of families by unproven theories and therapists who label individuals as sexual abuse victims.

A Positive Link A mother writes about her daughter rejoining the family after six and a half years of no contact. The daughter questioned her 'recovered memories' after reading a book by a falsely accused man. The family is grateful for the support from the FMS Foundation, which played a role in their daughter's realization.

Angel Roger and Liz mourn the passing of their beloved pet 'Angel,' a white ball of fuzz that was a constant companion during their appearances on television interviews related to false accusations.

Two Powerful (but Questionable) Ideas Often Embedded in Clinical Literature This review of a book, 'Remembering Trauma: A Psychotherapist's Guide to Memory and Illusion' by Phil Mollon, discusses two problematic concepts: implicit memory as a recorder of trauma, and the pairing of dissociation with trauma. The reviewer argues that implicit memory is misleading and that the link between trauma and dissociation is not as strong or predictable as often presented, suggesting that therapists may inadvertently create what they are looking for.

Freud's Fraudulent Stories of Seduction This section critiques the historical accounts of Sigmund Freud's work, particularly his theories on seduction and infantile fantasies. It suggests that Freud himself insisted on the reality of childhood sexual abuse in patients' reports, contrary to the idea that he later changed his mind due to disbelief.

FMSF Website and Contact Information Information is provided on the FMS Foundation's website (FMSFonline.org), which now hosts past newsletters and therapy session tapes. Contact details for e-mail subscriptions and estate planning are also included.

Bulletin Board A comprehensive list of FMS Foundation contacts and meeting locations across the United States, Canada, Australia, Israel, New Zealand, Sweden, and the United Kingdom is provided. This section serves as a directory for individuals seeking local support groups and information.

Video Tape Order Form An order form is included for a video tape titled "When Memories Lie......The Rutherford Family Speaks to Families," available for $10.00 per tape.

Recurring Themes and Editorial Stance The FMS Foundation Newsletter consistently advocates for the rights of individuals falsely accused of abuse, particularly in cases involving recovered memory therapy. The publication highlights the potential for therapy to create false memories, leading to devastating consequences for families, including estrangement, legal battles, and emotional distress. The newsletter emphasizes the unreliability of repressed memory testimony in legal proceedings and promotes a critical view of therapeutic practices that may lead to such accusations. There is a strong undercurrent of support for families navigating these difficult situations, offering resources, personal stories, and a sense of community. The editorial stance is clearly against the uncritical acceptance of recovered memory claims and advocates for a more rigorous scientific and legal standard when evaluating such allegations. The newsletter also promotes reconciliation efforts where appropriate, while maintaining the innocence of falsely accused parents.