False Memory Syndrome Foundation - Vol 19 No 04 - 2010 fall

Magazine Overview

This issue of the False Memory Syndrome Foundation (FMSF) Newsletter, dated Fall 2010, Volume 19, Number 4, addresses a range of topics concerning false memories, child sex abuse allegations, and related legal and psychological phenomena. The publication aims to inform the public and maintain vigilance against what it perceives as over-zealous prosecutions and the misapplication of psychological theories.

Key Events and Cases

The newsletter leads with updates on significant events. James Toward, one of the last individuals imprisoned from the day-care ritual-abuse cases, has been released on October 1, 2010, and is to live in The Hague. Toward had hoped for a new trial, believing he would be exonerated given current understanding of suggestive interviewing, but has accepted his fate at 80 years old and in failing health.

Another case highlighted is that of Rabbi Bryan Bramly, who was arrested in March 2010 in Chandler, Arizona, on charges of raping a 7-year-old girl in New York City in 2000. The charges were dropped in September 2010 after investigators found inconsistencies in the accuser's story. Rabbi Bramly shared his experience in an email, expressing gratitude for the support received and criticizing the lack of thorough investigation prior to his arrest, which he believes caused immense trauma to him and his family.

The legal case of Jesse Friedman is also detailed. In August 2010, the Federal Second Circuit Court of Appeals upheld Friedman's 1988 guilty plea to child abuse. Friedman had appealed, contending he lied when confessing due to hypnosis used to elicit memories from an accuser. The court denied the appeal on a technicality regarding the submission deadline, but two judges expressed hope for a review of the case by the Nassau County District Attorney's Office. The opinion in this case is presented as a significant evaluation of child sex abuse prosecutions from the late 1980s and early 1990s, a period characterized by a "moral panic" and widespread allegations.

Critiques of Media and Psychological Practices

The newsletter strongly criticizes media portrayals and psychological practices that it believes perpetuate the false memory phenomenon. An Oprah program about Multiple Personality Disorder (MPD) in October 2010 is singled out for rehashing unscientific misconceptions and potentially exploiting guests. The author argues that Oprah's program, by focusing on sensational aspects, prolongs the false memory phenomenon.

In contrast, the publication of Meredith Maran's book, "My Lie: A True Story of False Memory," is praised. Maran's book is presented as a significant work because it is told from the perspective of someone who came to believe she had false memories of abuse. The FMSF commends Maran for her honesty and for providing a valuable tool for families.

Psychological Phenomena and Research

The issue delves into various psychological concepts. It discusses the controversy surrounding MPD (Dissociative Identity Disorder), with a critical eye on how it is presented in popular media. The newsletter also features abstracts of two research papers: "Nonbelieved Memories" by Mazzoni, Scoboria, and Harvey, which suggests that nonbelieved autobiographical memories are common and share qualities with believed memories but are characterized by more negative emotions; and "Observation Inflation: Your Actions Become Mine" by Lindner, Echterhoff, G., and Davidson, which explores how imagining or observing an action can lead to false memories of performing it.

Legal and Ethical Considerations

The newsletter examines the legal system's handling of child sex abuse cases, particularly during the "moral panic" of the late 1980s and early 1990s. It highlights how "fantastical accusations" and suggestive interviewing techniques could lead to wrongful convictions. The opinion in the Jesse Friedman case is quoted extensively, critiquing the prosecution's methods and the potential for a "witch hunt" dynamic.

Other Topics

Brief mentions are made of other topics, including a book by Brigitte Axelrad titled "Les Ravages des Faux Soubenirs Ou la Memoire Manipulee" (The Ravages of False Memories or the Manipulated Memory), which aims to educate about recovered memory therapies. The case of Rachel Yould, who was sentenced for fraud related to student loans after claiming her father had abused her, is also discussed as providing insight into the social response to claims of past abuse, even if not directly related to repressed memories.

An article on the Canadian Auditor General's office investigating its use of public funds for "rebirthing" sessions is included, noting that rebirthing is controversial and not evidence-based. A brief update on a Des Moines embezzler case where a defendant had a history of MPD is also provided.

Recurring Themes and Editorial Stance

The FMSF Newsletter consistently advocates for a critical examination of recovered memory claims and child sex abuse allegations. It emphasizes the scientific consensus that suggestive interviewing tactics can create false memories and that aggressive investigation techniques can lead to false reports. The publication appears to be highly skeptical of the "moral panic" surrounding these issues and champions the need for rigorous evidence and due process. The editorial stance is one of caution against unsubstantiated claims, particularly those amplified by media and certain psychological theories, while supporting the rights of those falsely accused. The newsletter aims to educate its readers on the complexities of memory, trauma, and the legal system's response to allegations of abuse.

The FMS Foundation Newsletter, Fall 2010, Volume 19, Number 4, is published by the FMS Foundation and focuses on issues related to recovered and false memories, particularly in the context of legal and psychological debates.

Indiana Clergy Recovered Memory Case Settles

This article reports on the settlement of a significant legal case in Indiana where a judge had previously ruled that testimony about "repressed memories" could be heard by a jury. The case involved a lawsuit by "John Doe RG" against former priest Harry Monroe, alleging abuse that he claimed to have recovered memories of in therapy. The settlement was reached through court-mandated mediation, averting a trial that would have addressed the complex legal and scientific questions surrounding repressed memories and the statute of limitations.

Superior Court Judge David Dreyer's January 2010 ruling allowed for testimony on the validity of repressed memories, a decision that was central to the case. The plaintiff's attorney, Pat Noaker, noted the complexity of presenting such a case to a jury. The Archdiocese's attorney, Jay Mercer, stated that while they believed the church would prevail, settling was more cost-effective than proceeding to trial. The settlement amount was undisclosed but less than $200,000.

Indiana Clergy Case: The Ongoing Debate

This section provides background on the legal proceedings, referencing a previous article from the Indianapolis Star (August 21, 2009). The case of John Doe RG, a 44-year-old businessman, is highlighted as the only one of 13 lawsuits against the former priest that involved repressed memories. While the priest confessed to abusing at least five individuals, other cases were not prosecuted due to expired statutes of limitations.

The core legal debate revolved around whether the statute of limitations could be circumvented if memories were repressed. John Doe RG's attorney argued for a two-year window to file after memory recovery. The Archdiocese's attorney countered that an exception should not be granted due to a lack of scientific consensus on repressed memories. Judge Dreyer specifically asked for information on the relationship between "dissociative amnesia" (listed in the DSM-IV) and "repressed memory" (not listed), noting that acceptance in diagnostic references could influence the credibility of the science and testimony.

Experts presented contrasting views: Dr. James A. Chu, for the plaintiff, stated there was no real debate among clinicians about the validity of repressed memories, attributing doubts to those in laboratories rather than practitioners. Dr. Harrison Pope, for the archdiocese, argued in an affidavit that there were serious questions and a lack of consensus about repressed memories in the scientific community.

From Our Readers

Michael Donnelly's Appeal

Michael Donnelly writes to the FMSF community seeking assistance with legal costs. He is appealing a judge's order in Pennsylvania to remove his blog about recovered memory and false memory accusations, which he claims violated a settlement clause. He is being held in contempt of court and is seeking financial support for his legal battle.

"We Will All be Together Again" by A Mom

A mother shares her family's experience after her daughter accused her father of abuse, leading to a retraction. She expresses hope for her daughter's return and emphasizes the importance of family support and encouraging each other through the newsletter. The letter details the impact on her grandsons and speaks positively about their aunt, expressing a desire for future reconciliation.

Message From An FMSF Member: Concerns of Newly Accused Parents

This letter details a conversation with a couple whose daughter made accusations of abuse between the ages of 5 and 14. The parents are concerned about their daughter's welfare and her designation as their health decider in their will, especially as their other daughter does not believe the accusations. The parents visited their accusing daughter and her therapist, noting the therapist's methods (coughing, finger clicking) that seemed to prompt the daughter's statements. The parents left denying the accusations but returned to find their daughter more confrontational. Both daughters are therapists, and the accusing daughter's therapist has a website advertising lucrative therapy practices. The parents are worried about a potential lawsuit and questioned whether the therapy would be covered by insurance.

The Invisible Gorilla

This section reviews "The Invisible Gorilla" by Christopher Chabris and Daniel Simons, referencing a New York Times Book Review by P. Bloom. The review highlights how memory fades, becomes distorted by beliefs and interests, and can be altered by subsequent events or even the act of recalling and recounting. It suggests that memories of events from 12 years ago are likely profoundly distorted, and objective confirmation is rare, leading people to realize how inaccurate their memories can be.

Regarding means for correcting the present problems inherent in recovered memory therapy

Richard Gardner is quoted stating that "The treatment requires public awareness, public indignation, and massive media exposure. The implementation of these measures—outside the confines of our offices—provides us with the best help for a turnaround."

The Rutherford Family Speaks to FMS Families

This section promotes a popular DVD by the Rutherford family, which chronicles their experience from accusation to retraction and reconciliation. It highlights Beth Rutherford's insights on how her family facilitated her retraction and return. The DVD is available for purchase through the FMSF.

Some Books of Interest

A curated list of books is provided, covering topics such as the trauma myth, remembering trauma, science and pseudoscience in clinical psychology, fallacies in studies of repressed memory, how memory betrays us, and the clash over meaning, memory, and mind.

Contacts & Meetings - United States and International

This extensive list provides contact information for FMSF chapters and representatives across the United States and internationally, facilitating communication and local group meetings.

FMSF Scientific and Professional Advisory Board

A comprehensive list of the FMSF Scientific and Professional Advisory Board members as of October 1, 2010, is presented, including their affiliations and credentials. This board comprises numerous doctors and professors in psychology, psychiatry, and related fields.

Advisors to whom we are grateful who are now deceased

A list of notable deceased advisors to the FMS Foundation is included, honoring their contributions.

Recurring Themes and Editorial Stance

The newsletter consistently addresses the controversial nature of recovered memories, often framing them as potentially unreliable or subject to external influence, as suggested by the "Invisible Gorilla" review and the emphasis on scientific skepticism. The FMS Foundation's stance appears to be one of caution and advocacy for those falsely accused, providing resources, support, and a platform for discussion. The inclusion of reader letters and personal accounts underscores the real-world impact of these issues on families. The editorial stance is critical of certain therapeutic practices and legal interpretations that accept repressed memories without rigorous scientific scrutiny, advocating for public awareness and critical examination of these phenomena.