False Memory Syndrome Foundation - Vol 19 No 03 - 2010 summer

Magazine Overview

This issue of the False Memory Syndrome Foundation Newsletter, dated Summer 2010, Volume 19, Number 3, focuses on recent legal decisions, psychological research, and common misconceptions related to memory and testimony. The newsletter addresses legal developments in North Carolina and Arizona concerning the admissibility of 'repressed' and 'recovered' memory testimony, the standards for expert testimony, and the complexities of eyewitness and child testimony.

Legal Corner

North Carolina Prosecutors May Appeal Precedent-Setting Decision

In May 2010, North Carolina Superior Court Judge John O. Craig III ruled that testimony regarding "repressed" and "recovered" memory was to be excluded from a criminal rape trial. This decision followed a pre-trial hearing where Dr. Harrison G. Pope argued that repressed memory is not part of established science, while Dr. James A. Chu acknowledged controversy but supported its existence, noting that it's difficult to determine factual truth from unconscious mechanisms in therapy. The case began with a young woman experiencing panic attacks, who later reported repressed memories of being lifted and thrown by her father during therapy. The defense filed a motion to suppress this testimony, citing a lack of scientific acceptance for the theory of repressed memory. Judge Craig expressed skepticism about the scientific basis of repressed memory, stating it's difficult to prove and runs the risk of confusing the jury. He noted that while Dr. Chu could explain the possibility of repressed memory, the reliability of the therapist and the potential for suggestibility were significant concerns. Attorneys for the state intend to appeal, and if the ruling is upheld, it would effectively deny admission of recovered memory testimony in North Carolina criminal cases.

Update: Governor Signs Arizona Bill to Tighten Expert Testimony Standards in Civil Cases

On May 10, 2010, Arizona's Governor signed a bill that tightens expert testimony standards in civil cases, aligning the state's legal system with federal and most state court standards. This change replaces the 2000 Arizona Supreme Court decision in *Logerquist v. Danforth*, which held that scientific evidence rules did not apply to repressed memory, leaving its reliability to the jury. The new law adopts the Daubert standard, requiring evidence to be based on facts, reliable principles, and methods, rather than the Frye standard which required "general acceptance." This change is expected to weed out frivolous lawsuits, though opponents argue it undermines the right to a jury trial.

Repressed Memory Does Not Toll Statute of Limitations in Ohio Case

The Ohio Supreme Court ruled that a 33-year-old woman could not bring a lawsuit for alleged childhood sexual abuse because the statute of limitations had passed. Ohio law establishes a 12-year statute of limitations for claims, beginning when a person turns 18. The woman argued the statute should begin when repressed memories are recovered, but the court upheld the trial court's decision, noting the legislature did not include a tolling provision for repressed memory. The court acknowledged compassion for victims but did not rule on the scientific reliability of recovered memories.

Legal Corner - Other Cases

Update from New Zealand

In New Zealand, changes to how the Accident Compensation Corporation (ACC) handles claims for mental injury from sexual abuse are being implemented. The relevant legislation, enacted in 2001, requires claimants to have been mentally injured as a result of a sexual crime. The ACC's new administrative approach demands a professional diagnosis of the claimed mental injury. Counselors have been critical of these changes, leading to extensive media coverage. Gordon Waugh has been actively writing replies to articles on the matter.

Georgia Teacher Tonya Craft Acquitted of Molesting Children

On May 11, 2010, a jury acquitted kindergarten teacher Tonya Craft of molesting three children. The case, which garnered national coverage, highlights the high cost of defending child sexual abuse charges (Craft spent approximately $500,000) and the widespread ignorance about proper interviewing techniques. Defense experts pointed out flaws in interviewing methods that may have contaminated children's memories, such as suggestive questions like "Did Miss Tonya ever tell you to touch each other?"

Des Moines Embezzler Claims Multiple Personalities

Phyllis Stevens was arrested in Las Vegas for embezzling $6 million from an insurance company. She claims she is incompetent to stand trial due to multiple personality disorder, diagnosed by psychiatrists in 1988 and more recently. Her attorney is seeking a hearing to determine her competency. Stevens was also the chair of the Iowa branch of Marriage Equality USA.

Articles and Reviews

The Memory Doctor: The Future of False Memories

This Slate Magazine series by William Saletan, grounded in the research of Elizabeth Loftus, explores memory and false memories. The series begins with "The Ministry of Truth," referencing George Orwell's 1984, and discusses a mass experiment where Slate readers participated in altering political memories, with about 30% developing false memories, a rate that increases with visual aids. The series emphasizes that memory is mutable and can be changed, especially with fabricated images.

An Extreme Cognitive Interview

This article by Whitehouse, Orne, Dinges, and Cook examines how cognitive interviews, originally intended to aid memory recall, can be misused to facilitate the development of false memories. The article analyzes the case of Lenora Kay Parker, whose testimony about her mother's murder was disallowed after a 30-hour cognitive interview. The authors question the necessity and validity of such prolonged interviews for events from decades past, stating that the notion of traumatic memory loss recoverable by hypnosis or guided imagery or prolonged cognitive interviews is questionable and should be rejected based on scientific evidence.

A Long Journey to Joy: A Memoir of a Recovery

This review discusses Yonah Klem's self-published memoir, which describes her experiences in a highly suggestive therapy climate. Klem, who became a counselor, recovered memories of childhood sexual abuse through therapies known to enhance false memories, including guided imagery and Eye Movement Desensitization and Reprocessing (EMDR). The review notes that Klem refers to herself as a "poster child for repressed memories" but disputes the existence of false memory syndrome, despite her recovered memories arising in a context that suggests potential suggestibility.

50 Great Myths of Popular Psychology: Shattering Widespread Misconceptions about Human Behavior

This book by Lilienfeld, Lynn, Ruscio, and Beyerstein debunks common psychological myths. The review highlights myths such as "Most people use only 10% of their brain power," "It's better to express anger than to hold it in," and "Low self-esteem is a major cause of psychological problems." The book also addresses myths about memory, emphasizing that memory is reconstructive rather than reproductive. The review commends the book for presenting accurate information about memory in a compelling manner.

In Memoriam: Martin Gardner

The newsletter pays tribute to Martin Gardner, an FMSF Advisor who passed away at age 95. Gardner was known for his mathematical puzzles in Scientific American and for his efforts to expose the pseudoscientific foundations of recovered memory claims. He wrote extensively on the topic, contributing to the understanding of memory and skepticism. Colleagues remembered him as a brilliant intellect framed in kindness and concern for humanity.

Recurring Themes and Editorial Stance

The recurring themes in this issue revolve around the unreliability and potential for distortion in memory, particularly in legal contexts. The FMSF Newsletter consistently advocates for scientific rigor in understanding memory and testimony, critically examining claims of repressed and recovered memories, and highlighting the dangers of suggestive therapeutic and investigative techniques. The editorial stance is clearly skeptical of unsubstantiated claims of repressed memory and emphasizes the importance of evidence-based approaches in psychology and law. The newsletter also champions critical thinking and the debunking of popular psychological myths.

The FMS Foundation Newsletter, Summer 2010, Volume 19, Number 3, is published by the FMS Foundation and focuses on issues related to false and repressed memories, legal cases, and personal experiences.

Legal Corner: Repressed Memory Testimony

This section delves into a significant legal case where the Arizona Supreme Court allowed claims of 'repressed' memories of abuse. The majority ruling, written by Justice Stanley Feldman, addressed concerns about opening the door to unsubstantiated expert testimony. He argued against the idea that judges are less capable than jurors of discerning valid scientific claims from charlatanism.

However, two dissenting justices, Frederick J. Martone and Ruth V. McGregor, expressed strong reservations. Justice Martone questioned the scientific basis of repressed memory, likening it to astrology and arguing that expert testimony should be excluded if the scientific community cannot agree on its validity. He highlighted the controversial nature of repressed memory in contemporary psychiatry and psychology and the lack of consensus among experts.

Justice McGregor echoed these concerns, emphasizing that Arizona's decision isolates it from the mainstream of judicial analysis and could lead to inconsistent evidentiary rulings between state and federal courts. She also noted the loss of the advantage of learning from the reasoning of other jurisdictions.

The newsletter references previous articles on repressed memory cases, including "Commentary: Revival of Memory: A Fact Question for the Jury" from September 1999 and "Arizona Supreme Court Holds That Discovery Rule Applies to Repressed Memory Claim" from June 1998. A news clipping from the Arizona Star dated April 20, 2000, is also cited.

Clearing My Name

This personal account details a conviction 15 years prior for two counts of felonious sexual assault in Dover, NH, stemming from a controversial repressed memory case. The author, who maintains innocence, describes the severe difficulties faced due to the conviction. The narrative takes a turn when the victim, the author's niece who was 14 at the time of the trial and allegedly abused at age three, contacts the author on Facebook. She expresses remorse for ruining his life and states that the wrong man was convicted. She recounts being confused and pressured during the investigation and trial, feeling unable to speak out. She also reveals that her mother, who initially believed the author was guilty, later consulted a medium who identified the true abuser, leading the mother to believe in the author's innocence. The author expresses confusion and seeks advice on how to proceed.

The Most Difficult Time of My Life

This reader shares a personal story about their family's experience with False Memory Syndrome. The author's oldest sister was diagnosed with FMS after making allegations against their father during therapy. This led to a family split. The author, initially believing the sister, later saw the accusations recanted after the sister stopped seeing the therapist. The family eventually reunited after a difficult healing process, and the author remains passionate about raising awareness of FMS to help other families avoid similar trauma.

The author, Kate Holupka, is seeking to connect with others in the Santa Monica, CA area interested in raising awareness and provides contact information.

The Rutherford Family Speaks to FMS Families

A DVD produced by the Rutherford family is highlighted as a popular resource. It chronicles their story from accusation to retraction and reconciliation, with particular emphasis on Beth Rutherford's account of how her family helped her retract her statements and return.

The DVD is available for $10.00 per copy, with additional charges for shipping to Canada and other countries. Orders can be sent to FMSF-DVD, 1955 Locust St., Philadelphia, PA 19103.

From Our Readers: We Are Back Together: That's What Counts

This letter is from a father who expresses gratitude to the FMS Foundation for helping him regain the courage and hope to reconnect with his daughter and three grandsons after 17 years of alienation. His daughter unexpectedly returned, and they were able to talk and reconnect without discussing the reasons for the separation. He describes a positive experience meeting his grandsons and notes that his daughter has since apologized to her sons for keeping them from their grandfather. The father emphasizes that while the reasons for the breakup and return remain unclear, the reconciliation is what matters most. He encourages other FMSF members to "hang in there" and support the foundation.

Website and Contact Information

The newsletter includes extensive lists of websites related to false memory, investigative journalism, and related topics. It also provides a comprehensive bulletin board of contacts and meetings for FMS support groups across the United States and internationally, including Canada, Australia, Belgium, France, Israel, New Zealand, Sweden, and the United Kingdom.

FMS Foundation Information

The back pages provide copyright information for the FMS Foundation, contact details (phone, fax, email, website), and the ISSN for the newsletter. It also lists the FMSF Scientific and Professional Advisory Board members and deceased advisors. A section encourages contributions to the Foundation, with options for Visa, Discover, Mastercard, or check/money order. It also provides instructions for subscribing to electronic versions of the newsletter via email.

Recurring Themes and Editorial Stance

The newsletter consistently advocates for the FMS Foundation's mission, which appears to be supporting individuals and families affected by false or repressed memory allegations. The editorial stance is one of empathy and support for those experiencing family estrangement and legal challenges related to memory claims. It also highlights the controversial nature of repressed memory in scientific and legal contexts, often presenting dissenting viewpoints or personal accounts that challenge the validity of such claims. The inclusion of UFO sighting reports suggests a broader interest in anomalous phenomena or perhaps a connection to individuals who have experienced unusual events alongside memory-related issues. The emphasis on reconciliation and support networks underscores the Foundation's role in providing community and resources.