False Memory Syndrome Foundation - Vol 12 No 05 - 2003 septoct

Magazine Overview

This issue of the False Memory Syndrome Foundation Newsletter, dated September/October 2003, Volume 12, Number 5, focuses on the ongoing debate surrounding recovered memories, particularly in the context of child abuse cases. The newsletter highlights legal decisions, scientific research, and personal accounts that challenge the validity of recovered memories and critique therapeutic practices associated with them.

Legal Corner: U.S. Supreme Court Bans Retroactive Erasure of Statute of Limitations

The lead article discusses the U.S. Supreme Court's 5-4 decision in *Stogner v. California* (June 26, 2003), which prohibited states from retroactively erasing statutes of limitations. This ruling struck down a California law that allowed prosecutions for sex-related child abuse regardless of when the statute of limitations had expired. Justice Breyer, writing for the majority, emphasized that constitutional principles must apply to all criminal cases, noting that memories fade and 'recovered' memories can be faulty, potentially leading to the destruction of families. The decision does not affect prosecutions for more recent crimes or civil damage lawsuits.

Legal Corner: Wisconsin Supreme Court Decides Mental Illness Tolls Statute of Limitations

This section details the Wisconsin Supreme Court's decision in *Storm v. Legion Insurance Company* (July 18, 2003). The court ruled that a plaintiff's mental illness can toll the statute of limitations for medical malpractice claims. Sheri Storm sued her former psychiatrist, Kenneth Olson, M.D., alleging he implanted false memories of satanic ritual abuse. The court remanded the case to determine if Storm's mental illness prevented her from filing a timely claim, defining mental illness as a condition rendering a person functionally unable to understand or appreciate the legal claim.

Legal Corner: Kansas Appeals Court Tolls Time Limits in Retractor Case

The Kansas Court of Appeals reversed a lower court's decision in *Hall v. Miller* (2001), stating that the ascertainability of injury for statute of limitations purposes should be determined by a trier of fact, not solely by a judge. Martha Hall sued her social worker, Darrell Miller, alleging he implanted false memories of satanic ritual abuse. The court noted the dynamics of the psychiatrist-patient relationship, where patients are reluctant to question their therapist's advice.

Legal Corner: New Jersey Permanently Revokes License of Social Worker

This article reports on the permanent revocation of Dorothy Neddermeyer's social worker license in New Jersey. She was found guilty of unprofessional conduct, including inappropriate displays of affection with a client and diagnosing/treating a client for multiple personality disorder despite limited training. Neddermeyer was also ordered to send letters to clients stating she is not licensed and to change her website.

Legal Corner: New Jersey Appeals Court Holds Professionals Accountable Under Consumer Fraud Act

The New Jersey Court of Appeals ruled in *Macedo v. Dello Russo* (March 27, 2003) that professionals who engage in commercial activity to attract the public should be held to the same standards of truthfulness as other businesses. This decision allows consumers to use the Consumer Fraud Act against professionals, a move seen as a significant victory for consumer protection in healthcare.

Legal Corner: Amendment to the Delaware Code

A brief note mentions an amendment to the Delaware Code related to time limitations, stating that no prosecution under a specific subsection shall be based on a victim's memory recovered through psychotherapy unless there is independent evidence of the corpus delicti.

Beyond Victimhood: Psychotherapy Enters a New Era

This section discusses a shift in thinking about recovered memory, citing an editorial in *Psychotherapy Networker* that marked a move beyond 'victimhood.' The article highlights Laura Davis, co-author of 'The Courage to Heal,' who now emphasizes personal responsibility. It also mentions Dusty Miller's questioning of past recovered memory practices.

The Research of Susan Clancy

The article "A Bad Trip Down Memory Lane" from the *New York Times Magazine* is discussed, focusing on the research of Harvard graduate student Susan Clancy. Clancy's experiments explored the memory functions of individuals who believed they had recovered memories of abuse, as well as those who believed they had been abducted by space aliens. Her findings suggested that memory is reconstructive and that false memories can be created, leading to controversy and personal attacks against her.

Highly Recommended Book: Science and Pseudoscience in Clinical Psychology

This review highlights a book edited by Scott O. Lilienfeld, Steven Lynn, and Jeffrey Lohr, which aims to expose irrational and misguided underpinnings in psychotherapy. The book covers topics such as bogus assessment protocols, pseudoscientific courtroom testimony, and controversial techniques for uncovering repressed memories. It is presented as a valuable resource for understanding the issues surrounding the mental health industry and the impact of false accusations.

Intense Emotion Preserves Memories

This section reviews James McGaugh's book, 'Memory and Emotion: The Making of Lasting Memories.' It explains how emotional events are more likely to be remembered and discusses the malleable nature of memory, noting that people can invent memories of events that never happened.

Risks of Memory Recovery Techniques

This article, adapted from a chapter in 'Science and Pseudoscience in Clinical Psychology,' summarizes the risks associated with memory recovery techniques in psychotherapy. It emphasizes that while techniques themselves may not be problematic, their misuse can lead to false memories. The article discusses guided imagery, hypnosis, and age-regression, citing research that indicates hypnosis can increase recall errors and false memories.

From Our Readers

This section includes letters from readers:

• "After 15 Years!": A mother shares her experience of reconnecting with her daughter after 15 years of no contact, noting the strained nature of the initial conversation but expressing hope for rebuilding trust.
• "Different Expectations": A mother expresses her belief that her daughter is permanently lost due to false memory syndrome accusations, contrasting with her husband's continued hope. She advocates for churches and media organizations to investigate false accusations.
• "Never Give Up": A member of a Colorado group shares their efforts to support a newly accused couple and advocates for church bodies and media to address the evil of false accusations. They note that while laws presume innocence, this is often overlooked in false memory syndrome cases.
• "Some Cling to Old Ways": A reader writes about suggesting to a Jewish Family Services counselor that 'The Courage to Heal' has serious scientific problems, mentioning the book's recommendation of the book.

Recurring Themes and Editorial Stance

The newsletter consistently promotes a skeptical stance towards recovered memories, emphasizing the scientific evidence that questions their reliability and highlights the potential for therapeutic practices to create false memories. The FMSF advocates for rigorous scientific evaluation of psychological claims and criticizes what it perceives as the 'child abuse hysteria' fueled by pseudoscientific ideologies. The legal updates underscore the importance of statutes of limitations and accountability for professionals in the mental health field. The overall stance is one of defending against what it views as unfounded accusations and protecting families from the consequences of false memory claims.

This issue of the FMS Foundation Newsletter, Vol. 12 No. 5, published in September/October 2003, focuses on issues related to false memory syndrome, recovered memories, and accusations of child abuse, alongside a report on a UFO sighting. The newsletter is published by the FMS Foundation, with Pamela Freyd, Ph.D., as Executive Director. The price for a subscription is $30.00, and the ISSN is 1069-0484.

Articles and Features

The Mitchell Family Case: One Family's Tragic Story

This section details the case of Julie Connachan, who in 1995 sought help for alcohol problems and subsequently developed memories of sexual abuse and satanic rituals, accusing her parents, Barbara and Keith Mitchell, of killing her baby brother. The Mitchells, living in Colorado, denied all accusations, stating there was no baby and their other three children had no such memories. The article highlights the emotional toll on the parents, who felt branded as sex offenders. It mentions that Keith Mitchell passed a polygraph test in January 2003, and the Riverside District Attorney had not yet decided whether to excavate the family's former yard. The section includes a quote from Thomas H. Barland regarding the agony of such accusations and references a court decision in Sawyer v. Midelfort.

"Spy Kids 3-D: Game Over" and MPD

This section reviews the movie "Spy Kids 3-D: Game Over," starring Sylvester Stallone, who plays a toymaker with multiple alter personalities. The article discusses the film's portrayal of a character with Multiple Personality Disorder (MPD) and notes that the movie's fantastical elements are unlikely to lead viewers to believe it has any basis in reality. It includes an interview snippet with Sylvester Stallone about playing multiple characters.

"Wisdom from the Dump"

A brief anecdote about a conversation overheard at a dump concerning the temporary value of "Incredible Hulk" merchandise, drawing a parallel to fads that come and go.

"Happy To Be Writing"

A short personal note from a mother expressing joy at reconnecting with her daughter after an 8-year separation, and meeting her grandsons. She states that even if her daughter never recants, they know they are innocent and can love her.

"Science and Pseudoscience in Clinical Psychology" and "Psychology Astray"

These sections review books related to clinical psychology and recovered memories. "Science and Pseudoscience in Clinical Psychology" by Lilienfeld, Lynn, and Lohr is highly recommended. "Psychology Astray: Fallacies in Studies of 'Repressed Memory' and Childhood Trauma" by Harrison G. Pope, Jr., M.D., is described as an indispensable guide for understanding research claims about recovered memories, with a positive review from Nature magazine.

"Ask an Expert," This American Life

This entry refers to a segment from the radio program "This American Life" (June 14, 2002) that featured stories of people who received terrible advice from experts, including the Rutherfords and a retracting therapist. Information on obtaining tapes is provided.

"Recovered Memories: Are They Reliable?"

An offer for a free pamphlet from FMSF on the reliability of recovered memories.

UFO Sighting Report

A report details a UFO sighting involving a disk-shaped object, estimated to be 20-30 feet in diameter, hovering at an altitude of 300 feet. The object reportedly caused radio interference and then ascended rapidly. Physical trace evidence of scorched earth was found. The sighting occurred in an unspecified location, but the context suggests it is a case of interest to the FMSF community.

Academic Citations

Several academic citations are included, such as Lindberg et al. (2003) on investigative interview techniques with children, Berliner (2003) on victim and citizen perspectives on sex offender policy, and McHugh (2003) on "Witch Trial Zealotry/Memory War Damage."

Rutherford Family Video

Information is provided about a popular video from FMSF families featuring the Rutherford family's story of accusation, retraction, and reconciliation, with a focus on Beth Rutherford's role in the retraction.

Web Sites of Interest

A comprehensive list of websites related to false memory, recovered memories, therapy, and related topics, including academic resources, support groups, and advocacy sites.

Legal Websites of Interest

A list of legal websites for assistance with legal matters.

Bulletin Board

The "BULLETIN BOARD" section provides extensive contact information for FMS support groups and meetings across the United States, Canada, Australia, Israel, the Netherlands, New Zealand, Sweden, and the United Kingdom. It also includes a deadline for submitting meeting notices for the next newsletter.

FMSF Contribution Information

Details on how to contribute to the FMS Foundation, including options for Visa, Discover, and Mastercard, as well as check or money order payable in U.S. dollars. Contact information for the FMS Foundation's offices in Philadelphia is also provided.

Editorial Stance and Recurring Themes

The newsletter consistently addresses the complexities and controversies surrounding false memory syndrome, recovered memories, and the impact of psychotherapy on memory recall. It appears to advocate for a critical examination of memory claims, particularly those arising from therapeutic contexts, and provides resources for individuals and families affected by these issues. The inclusion of a UFO sighting suggests a broader interest in anomalous phenomena that may intersect with psychological experiences or societal beliefs. The emphasis on support groups and legal resources indicates a commitment to providing practical assistance to those involved in memory-related disputes and accusations.