False Memory Syndrome Foundation - Vol 17 No 02 - 2008 spring

Magazine Overview

The False Memory Syndrome Foundation Newsletter, Spring 2008, Volume 17, Number 2, is a publication addressing issues surrounding memory, particularly false memories and their implications in legal and therapeutic contexts. The issue highlights several key cases and research findings, with a strong focus on the potential for memory distortion and the unreliability of certain forms of testimony, especially concerning children.

Glendale Montessori School Case

The lead story, "Glendale Montessori case," revisits the 1987 allegations of satanic ritual abuse at the Glendale Montessori School in Stuart, Florida, and the subsequent imprisonment of headmaster James Toward for 19 years. The article questions the validity of the conviction, noting that the case was part of a wave of day-care abuse allegations in the late 1980s and early 1990s, many of which have since been discredited. The newsletter points out that the Palm Beach Post's recent article on the case presented a biased view, failing to mention the extensive discrediting of such accusations over the past two decades. The article details several reasons for doubt regarding Toward's guilt:

1. Retracting Student: A former student, who was interviewed using hypnosis by therapist Dr. Alan Tesson, contacted the Foundation. She expressed concern that the world had forgotten the case and that Toward was wrongly imprisoned. She recalled discussions of satanic ritual abuse between her therapist and their partner.
2. Hearsay Evidence: The pretrial hearing allowed hearsay evidence, meaning parents and therapists testified about what the children said, rather than the children themselves. This raises reliability issues, as the reporter could misinterpret or lie about the child's statements, especially in a community inflamed by belief in abuse.
3. Anatomically Correct Dolls: Therapist Jeanne Ralicki used anatomically correct dolls to elicit accusations. However, research by Stephen Ceci and Maggie Bruck indicates that the use of such dolls is not a scientifically validated method for diagnosing abuse, as both abused and non-abused children may interact with them similarly, and therapists can use them suggestively.
4. Intensive Interviewing: The article critiques the intensive and potentially suggestive interviewing techniques used by therapists like Jeanne Ralicki and Dr. Alan Tesson. It highlights that Tom, a child witness interviewed by Dr. Tesson, was repeatedly questioned, and his story changed over time, becoming increasingly absurd, such as claims of guns being shot, setting a house on fire, and burning it down.
5. Child Sex Abuse Accommodation Syndrome: The testimony of Roland Summit, author of "The Child Sexual Abuse Accommodation Syndrome," is questioned, as science does not support the idea that documented abuse victims exhibit specific reactions like secrecy or retraction.
6. Bizarre Beliefs of Therapists: The article notes the unusual beliefs of therapists involved, such as Dr. Alan Tesson's alleged obsession with satanic ritual abuse and therapist Jerry Mungadze's theories about mind-control boosting the immune system against HIV.
7. Contaminated Evidence: The highly charged climate of the interviews, community, and trial is cited as a factor that contaminated the evidence. Communication between families and therapists was likely high, and the judge refused to recuse himself despite accusations of prejudice.
8. Lack of Physical Evidence: The article points out the absence of physical evidence to support the children's claims, such as no videos being found, no attic in the house where a child claimed to be kept, and no torn anuses from alleged crucifix insertions.
9. Suggestive Interviews: Excerpts from an interview with "Tom" by Dr. Alan Tesson are presented as a textbook example of suggestive interviewing, demonstrating pressure, leading questions, and a lack of acceptance for the child's inability to remember.

Daniel Brown and the Nebraska Case

The newsletter also discusses the case of Gordon Vella, where a $1.75 million judgment for alleged childhood sexual abuse was vacated by Judge Richard G. Knopf. A critical witness in this trial was Daniel Brown, Ph.D., who testified about dissociative amnesia. The appeal accused Brown of misrepresentation regarding his expertise and the scientific support for dissociative amnesia theory. The article notes that Brown has testified in numerous FMS-related cases and that NH Superior Court Judge Tina Nadeau had previously made devastating comments about his testimony.

Herschel Walker and Dissociative Identity Disorder

The issue features an article on football star Herschel Walker, who claims to have battled dissociative identity disorder (DID) and has written a memoir titled "Breaking Free: My Life with Dissociative Identity Disorder." The foreword to his book was written by Jerry Mungadze, Ph.D., founder of the Mungadze Trauma Programs. The article notes that Walker's family and teammates were surprised by his claims. It also connects Mungadze's work to beliefs in excavating memories and satanic ritual abuse, referencing his theories on mind-control and neurotherapy.

Research on False Memories

Two research summaries are included:

• Danger of Inducing False Memories: A study by Rubin and Berntsen suggests that there is a substantial danger of inducing false memories of childhood sexual abuse through psychotherapy, as a significant percentage of people believe such abuse can be completely forgotten.
• Posing as Memories: Research by Ann Schlosser indicates that while virtual reality experiences can enhance learning and memory of functions, they may also increase false positives, leading individuals to believe that a computer simulation can perform actions it cannot.

Ryan Ferguson Case Update

An update on the Ryan Ferguson case is provided, detailing an amended motion to vacate judgment and sentence. Ferguson was convicted of murder based solely on the memory-based testimony of a friend, Charles Erickson, with no physical evidence. The appeal claims the state failed to disclose exculpatory evidence, including witness testimony that contradicted Erickson's account.

In Memoriam

The newsletter includes an "In Memoriam" section for Donald P. Spence, Ph.D., a long-time member of the FMSF Scientific and Professional Advisory Board. Dr. Spence was a clinical psychologist whose work ranged from studies of subliminal effects to dream interpretation and the role of language in psychotherapy. His landmark book, "Narrative Truth and Historical Truth: Meaning and Interpretation in Psychoanalysis," is highlighted.

Recurring Themes and Editorial Stance

The recurring themes in this issue are the unreliability of memory, particularly in children; the dangers of suggestive interviewing techniques in therapeutic and legal settings; the potential for false memories to be induced; and the critique of certain therapeutic modalities and expert testimonies in cases involving alleged abuse and trauma. The Foundation's stance appears to be one of skepticism towards claims of recovered memories, especially those related to satanic ritual abuse and multiple personality disorder, and a strong advocacy for rigorous scientific evidence and unbiased interviewing practices. The editorial emphasizes the need for fact-checking in media and publishing, particularly concerning sensationalized accounts of abuse and psychological disorders.

The FMS Foundation Newsletter, Spring 2008, Volume 17, No. 2, is a publication from the False Memory Syndrome Foundation, addressing issues related to memory, trauma, and legal cases. The newsletter features a "Legal Corner" section detailing a significant court case, personal reader accounts, and discussions on the scientific and societal implications of recovered memory.

Legal Corner: Vella Case

The lead story in the "Legal Corner" focuses on the vacating of a $1.75 million jury award in the case of Doe v. Vella. The award was granted to a 33-year-old woman for sexual abuse she claimed to have suffered as a child. The jury found the father, Gordon Vella, guilty. However, the judgment was vacated by Judge Richard G. Knopf of the U.S. District Court for Nebraska on December 14, 2007. This decision followed a Motion for Relief from Judgment filed by Vella's new attorneys, Allen Tate and Krista Kester, citing "newly discovered evidence" that allegedly established Dr. Daniel Brown, a psychologist and expert witness for the plaintiff, misrepresented the existence of an error rate related to the hypothesis of dissociative amnesia, misrepresented findings supporting dissociative amnesia theory, and misrepresented the level of acceptance of this hypothesis within the scientific community. Brown also allegedly allowed misrepresentations concerning his qualifications.

Attorneys for the plaintiff was Herb Friedman. The motion to vacate was initially filed by Vella's attorneys, but the plaintiff later filed its own Motion to Vacate Judgment and Verdict and to Dismiss with Prejudice. The court eventually granted the plaintiff's motion to vacate the judgment and dismiss the case with prejudice.

Comments from the Lincoln Journal Star are included, posing the question of whether expert witness testimony torpedoed the award or if the psychologist claimed he didn't cause the reversal. Daniel Brown, in his affidavit, expressed his belief that the opposing experts (Barden, McNally, and Pope) represented a form of "scientific fundamentalism" attempting to shape evidence and discredit opposing views. The newsletter argues that while Brown is correct about their adherence to scientific principles, he is mistaken if he views their work as personal attacks. Instead, they aim to show that research supporting repressed/recovered memories often fails to meet scientific criteria.

Criticism of Daniel Brown and Repressed Memory

The newsletter notes that this is not the first time Brown's testimony or writings have faced criticism. The FMSF Newsletter has previously discussed his arguments for repression (dissociative amnesia) and why they fail to meet scientific criteria. The article outlines criteria set by Pope and colleagues for repression to exist: evidence of abuse, continuous amnesia for the event (not ordinary forgetting or malingering), and no medical or biological explanation for the forgetting. Early retrospective studies supporting repression are criticized for failing to demonstrate that abuse actually occurred or that amnesia was continuous. Newer prospective studies are said to have documented abuse but not continuous amnesia.

The article asserts that the phenomenon of repression and memory recovery has not yet been scientifically demonstrated. It acknowledges that many people have subjective experiences of recovering memories, which are often interpreted within cultural frameworks. However, ordinary memory processes can explain these experiences. A 2006 study by Simona Ghetti and colleagues found that if child sexual abuse was forgotten in childhood, memories were more likely to be recovered in childhood, not adulthood, and found no evidence of adult recovery of child sexual abuse memories.

Legal Standards for Scientific Evidence

The article explains that arguments about the scientific status of recovered memories are crucial in legal cases. It references the Daubert v. Merrill-Dow Pharmaceuticals, Inc. ruling, which established three legal criteria for scientific evidence: falsifiability, peer review and publication, and general acceptance within the scientific community.

Brown's testimony is criticized for creating the impression that only a "vocal minority" questioned repressed memory. His affidavit, however, acknowledged the debate was "highly charged and politicized." The newsletter argues that this ongoing controversy itself demonstrates a lack of general acceptance for the theory of repression within the scientific community.

Brown's perspective on science is further critiqued through his affidavit comments. He views Pope's standard of science as an "unreasonable standard" and an "impossible standard" that doesn't exist for any diagnosis in the DSM. Brown advocates for an "alternate standard of science" based on the accumulation of knowledge through multiple testing methods and varying samples. The newsletter counters that this approach allows for no way to refute error, using the analogy of extraterrestrials to illustrate that if one looks for enough evidence, it becomes impossible to disprove a claim.

The article questions whether people repress and recover memories in response to child sexual abuse, stating that diagnosing "repression" is not standardized and depends on subjective reports influenced by beliefs. It concludes that there is no way to scientifically show that repression does not exist, but also no way to show that it does exist. Despite 70 years of searching for scientific evidence of repression, success has been lacking, while evidence of human suggestibility and its effect on memory reports is abundant.

Reader Contributions

"The Memory Wars Revisited: Up Close and Personal" by Melody Gavigan

Melody Gavigan shares a personal account of how her husband's experience with PTSD therapy led to a breakdown in their marriage, mirroring her own past negative experiences with "Repressed Memory Therapy." She recounts how her husband, after joining a motorcycle club and interacting with Veterans Administration (VA) therapists, began exhibiting symptoms that led to a diagnosis of PTSD. Gavigan expresses concern that the therapy, which she believes is family-oriented, was not in their case. She notes that her husband's therapist was associated with groups supporting multiple personality and recovered memories. After her attempts to communicate her concerns to the therapist went unanswered, her husband demanded a divorce.

Gavigan also discusses the "Courage to Heal" checklist, a widely used tool in the incest survivor movement, and criticizes its broad applicability, suggesting it could identify symptoms in almost anyone. She contrasts her experience with that of her youngest daughter, who, after undergoing hypnosis, developed accusations of rape, which Gavigan believes destroyed their family nucleus.

"Subversive Grammar? The Bizarre Idiocy of the Correctional System." by Robert Chatelle

Robert Chatelle writes about his friend Michael Waterman, an inmate at the Massachusetts Treatment Center. Chatelle sent Waterman several books, including "Painless Grammar," which Waterman enjoyed. However, prison authorities declared these books contraband without providing a reason, stating only they were "Not Approved by Department of Corrections." Waterman was forced to choose between having the books destroyed or paying a $15 postage fee to have them returned, opting for destruction due to financial constraints. Chatelle expresses outrage at this "act of stupidity and vandalism."

Other Sections

The newsletter also includes a "From Our Readers" section with a letter from "Lee" to "Melody," and a section titled "My Youngest Daughter" which appears to be a continuation of Gavigan's narrative. There are also lists of websites of interest related to false memory syndrome, legal resources, and recommended books. The "Bulletin Board" section provides contact information for FMS Foundation meetings and contacts across the United States and internationally.

Recurring Themes and Editorial Stance

The recurring themes in this issue are the controversy surrounding repressed and recovered memories, the scientific validity of these concepts, and their impact on legal proceedings and personal lives. The FMS Foundation Newsletter consistently adopts a skeptical stance towards repressed memory, emphasizing the lack of scientific evidence and the potential for suggestibility and false allegations. The editorial stance appears to advocate for rigorous scientific standards in psychological and legal contexts, and to support individuals and families affected by what it views as problematic therapeutic practices and unsubstantiated claims related to memory recovery.