FMSF NEWSLETTER ARCHIVE - July/August 1, 1997 - Vol. 6, No. 7, HTML version

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ISSN #1069-0484.           Copyright (c) 1997  by  the  FMS Foundation
    The FMSF Newsletter is published 10 times a year by the  False
    Memory  Syndrome  Foundation.  A hard-copy subscription is in-
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  FMS News
    Legal Corner
      August Piper, Jr., M.D
        Make a Difference
          From Our Readers
            Bulletin Board

Dear Friends,

  "To say that this tragic farce has resembled a 
  hysterical witch hunt is to demean witch hunts."
     The Atlanta Journal and Constitution, May 27, 1997 [1]

  Strong language! This quote was in response to the recent Frontline
documentary, "Innocence Lost: The Plea" about the Little Rascals case
in Edenton, NC.[2] The quote expresses public sentiment about the
absurdity of the accusations, the unfairness of the prosecution and
the unnecessary devastation of so many lives. Day care sex abuse
hysteria has been stunningly brought to life by producer Ofra Bikel
who has followed this case for over five years. The good news is that
the Little Rascals case seems finally to be winding down. (See "Legal
  The Wenatchee case, too, finally seems to have a serious crack. A
Washington state appeals court ruled that Linda Joyce Miller, whose
confession was a linchpin for a prosecution involving more than 40
adults, is entitled to a new trial because she was denied the right to
have an expert witness explain to the jury why someone might confess
to something he or she had not done. With 19 people convicted, there
have been many citizen requests for an investigation into the
Wenatchee situation, including to the U.S. Justice Department, but
there has been no action to date. Washington state, however, has just
instituted a new position of ombudsman to deal with more than 75 cases
that are currently pending against its child welfare department and
with the requests for a special investigation of Wenatchee.[3]
  A California appeal decision in the Engstrom case is more good
news. The September Newsletter will include a full summary of this
case in which the Foundation filed an amicus curiae brief. But we
could not resist including a footnote from the decision in this issue
because it indicates how far we have moved in public understanding of
the FMS issues.[4]

  "While appellant has adopted the position that all of his recovered
  memories came to him while he was at home alone, Poulson's [the
  therapist] handwritten notes made contemporaneously with appellant's
  therapy, contradict this assertion. Appellant's exact location when
  he recovered each of his memories is not determinative in any event,
  since he was admittedly using Poulson's techniques to assist him
  wherever he might have been. Evidence was introduced that although
  Poulson did not use active hypnosis, she did employ guided imagery,
  "[a] passive process that produced something akin to hypnosis," in
  that it offers "another way of inducing [a] hypnotic trance" and
  shares with active hypnosis "the ability to stimulate
  confabulation."  Poulson's notes confirmed that the process she used
  was a suggestive one in which she validated appellant's
  visualizations as fact.

  Good news, however, is tempered. One of the most constructive
results of the past few years has been the publication of many
outstanding books that have helped to shape public understanding of
the FMS problem. Confabulations (Goldstein & Farmer), Making Monsters
(Richard Ofshe), Myth of Repressed Memory (Elizabeth Loftus),
Suggestions of Abuse (Michael Yapko), Return of the Furies (Wakefield
& Underwager) and Victims of Memory (Mark Pendergrast), for example,
were part of the first wave of books to specifically address FMS
issues. We walked into a large bookstore chain this month,
Books-a-Million, to check out the displays. To our dismay we did not
see any of these books. We did find The Courage to Heal prominently
displayed in the psychology section. Clearly, we need to continue our
efforts to educate the public and professionals. Summer is a time for
many people to catch up on their reading of some of the excellent
books that were published this year. Spectral Evidence, the gripping
account of the Ramona trial by Moira Johnston is a book that no family
that has experienced FMS will want to miss. While we have seen
families torn to shreds in the sensationalized media, this book treats
all parties with respect and dignity while capturing the awful human
waste that FMS has wrought.
  For those families whose concerns were brought about by church-
related counseling, Second Thoughts by Paul Simpson is a must. Elaine
Showalter's Hystories has caused a great stir in both the United
States and England. It places FMS within a social and historical
context that will surely broaden public understanding. And Smiling
through Tears by Freyd and Goldstein is the first book to look at the
FMS situation through the eyes of cartoonists. Since cartoons make
sense when people have an understanding of the issues, this book is a
kind of measure of public awareness of FMS and the social trends in
which it has been nurtured.
  As these and other new books bring deeper insight to the FMS problem
and an understanding of the course of moral panics, we temper our
optimism with the fact that the American Psychiatric Press has just
published The Dilemma of Ritual Abuse: Cautions and Guides for
Therapists. There is work to be done.
  In this issue, we have included a list of books published since 1992
that families and professionals have recommended. The list does not
include all of the collections of scholarly articles that have
appeared nor does it include the many books on 'trauma and recovery.'
It doesn't include text books or plays that address FMS. It doesn't
include some very important books that appeared before 1992. One of
those important books was published in 1852 [5]. As we have come to
understand the FMS problem as a moral panic, the words of Charles
Mackay more than a century ago take on special meaning.

  "In reading the history of nations, we find that, like individuals,
  they have their whims and their peculiarities; their seasons of
  excitement and recklessness, when they care not what they do. We
  find that whole communities suddenly fix their minds upon one
  object, and go mad in its pursuit; that millions of people become
  simultaneously impressed with one delusion, and run after it, till
  their attention is caught by some new folly more captivating than
  the first....Men, it has been well said, think in herds; it will be
  seen that they go mad in herds, while they only recover their senses
  slowly, and one by one.

  The active support of families and professionals for books that work
for us is crucial. In a free country there will always be books that
have inaccurate information. Being free means being free to be wrong.
It is by supporting the books that are based on sound scientific
information that we make change happen. That is something that each
family can do and concerned professionals must do to make a
difference. Good Reading!

  1. The Atlanta Journal and Constitution, May 27, 1997 Channel
Surfer: Frontline returns to day care scandal Phil Kloer,
  2. Frontline documentary, "Innocence Lost: The Plea" (5/27/97)
  3. Infamous Child Sex Case Faces Renewed Scrutiny, New York Times,
6/22/97, C. Goldberg.
  4. Engstrom v Engstrom, Super. Ct. No. VC016157, Cal. App., 2nd
Dist., No.B098146, unreported, (6/18/97) Court affirmed judgment of
nonsuit and trial court's exclusion of plaintiff's repressed memory
testimony under Kelly-Frye.
  5. Mackay, Charles (1852) Extraordinary Popular Delusions and the
Madness of Crowds (Introduction to Second Edition). Office of the
National Illustrated Library. Republished by Harmony Books (1980).

    |                       SPECIAL THANKS                       |
    |                                                            |
    |       We extend a very special "Thank you" to all of       |
    |      the people who help prepare the FMSF Newsletter.      |  
    |                                                            |
    |   EDITORIAL SUPPORT: Toby Feld, Allen Feld,                |
    |                           Howard Fishman, Peter Freyd      |
    |   RESEARCH: Merci Federici, Michele Gregg, Anita Lipton    |
    |   NOTICES and PRODUCTION: Danielle Taylor                  |
    |   COLUMNISTS: Katie Spanuello and                          |
    |       members of the FMSF Scientific Advisory Board        |
    |   LETTERS and INFORMATION: Our Readers                     |

               B O O K   L I S T   --   J U N E  1997

BAKER, ROBERT (1992, 1996) Hidden Memories: Voices and Visions from
Within. Prometheus Books.

BRENNEIS, C. BROOKS (1997) Recovered Memories of Trauma: Transferring
the Present to the Past. International Universities Press, Inc.

CAMPBELL, TERENCE (1994) Beware the Talking Cure: Psychotherapy May be
Hazardous to Your Health. Upton Books. (FMSF Advisory Board) (Reviewed
November 1994)

CECI, STEPHEN & BRUCK, MAGGIE (1995) Jeopardy in the Courtroom: A
Scientific Analysis of Children's Testimony. American Psychological

CONWAY, MARTIN (Ed) (1997) Recovered Memories and False Memories.
Oxford University Press.

CREWS, FREDERICK (1995) The Memory Wars: Freud's Legacy in Dispute.
New York Review of Books. (FMSF Advisory Board) (Reviewed November

DAWES, ROBYN (1994) House of Cards: Psychology and Psychiatry Built on
Myth. The Free Press, (FMSF Advisory Board) (Reviewed May 1994)

DINEEN, TANA (1996) Manufacturing Victims: What the Psychology
Industry is doing to People. Robert Davies Publishing. (Reviewed
January 1997)

FREYD, PAMELA & GOLDSTEIN, ELEANOR (1997) Smiling Through Tears. Upton

GUILLIATT, RICHARD (1996) Talk of the Devil. Text Publishing
(Melbourne). (Reviewed June 1997) (Clive Moore Case in Australia)

GOODYEAR-SMITH, FELICITY (1993) First Do No Harm: The Sexual Abuse
Industry. Benton-Guy Publishing (New Zealand).

GARDNER, RICHARD (1992) True and False Accusations of Child Sex Abuse.
Creative Therapeutics.

GOLDSTEIN, ELEANOR & FARMER, KEVIN (1992) Confabulations: Creating
False Memories -- Destroying Families. Upton Books

GOLDSTEIN, ELEANOR & FARMER, KEVIN (1993) True Stories of False
Memories. Upton Books.

GORDON, BARRY (1995) Memory: Remembering and Forgetting in Everyday
Life. Mastermedia Limited.

HACKING, IAN (1995) Rewriting the Soul: Multiple Personality and the
Sciences of Memory. Princeton University Press. (Reviewed September

HAGEN, MARGARET (1997) Whores of the Court. Harper Collins. (Reviewed
April 1997)

HEDGES, LAWRENCE (1994) Remembering, Repeating, and Working Through
Childhood Trauma. Jason Aronson, Inc. (Reviewed March 1996)

JOHNSTON, MOIRA (1997) Spectral Evidence: The Ramona Case. Houghton
Mifflin. (Reviewed June 1997) (Gary Ramona Case)

KAMINER, WENDY (1992) I'm Dysfunctional, You're Dysfunctional: The
Recovery Momvement and Other Self-Help Fashions. Addison Wesley.

KELLY, CHARLES & KELLY, ERIC (1994) Now I Remember: Recovered Memories
of Sexual Abuse. (K/R Publications)

KOTRE, JOHN (1995) White Gloves: How We Create Ourselves Through
Memory. Free Press. (Reviewed September, 1995)

LAFRAMBOISE, DONNA (1996) Princess at the Window: A New Gender
Morality. Penguin.

Memory. St. Martin's Press. (FMSF Advisory Board) (Reviewed September

MACLEAN, HARRY N. (1993) Once Upon A Time: A True Story of Memory,
Murder, and the Law. Harper Collins. (George Franklin case)

MacNAMARA, EILEEN (1994) Breakdown: Sex, Suicide and the Harvard
Psychiatrist. Pocket Books. (Bean Beyog/Paul Lozano case)

MERSKEY, HAROLD (1995) Analysis of Hysteria: Understanding Conversion
and Dissociation. Gaskell (UK). (FMSF Advisory Board)

NATHAN, DEBBIE & SNEDEKER, MICHAEL (1995) Satan's Silence: Ritual
Abuse and the Making of A Modern American Witch Hunt. Basic Books.
(Reviewed February 1996)

NETZER, CAROL (1996) Cutoffs: How Family Members Who Sever
Relationships Can Reconnect. New Horizon Press.

OFSHE, RICHARD & WATTERS, ETHAN (1994) Making Monsters: False Memory,
Psychotherapy and Sexual Hysteria. Charles Scribner's Sons. (FMSF
Advisory Board) (Reviewed September 1994 and October 1996)

PENDERGRAST, MARK (1994, 1996) Victims of Memory: Incest Accusations
and Shattered Lives. Upper Access Books. (Reviewed October 1994 and
October 1996)

PIPER, Jr., AUGUST (1997) Hoax and Reality: The Bizarre World of
Multiple Personality Disorder, Jason Aronson, Inc. (FMSF Advisory
Board) (Reviewed April 1997)

POPE, HARRISON (1997) Psychology Astray: Fallacies in Studies of
'Repressed Memory' and Childhood Trauma. Upton Books. (FMSF Advisory
Board) (Includes columns that have appeared in Science Corner of

Allegations of Sexual Abuse. Seven Locks Press.

SAGAN, CARL (1995) The Demon-Haunted World: Science as a Candle in the
Dark. Random House.

SCHACTER, DANIEL (1996) Searching for Memory: Brain, Mind and the
Past. Basic Books.

SHARKEY, JOE (1994) Bedlam: Greed, Profiteering, and Fraud in a Mental
Health System Gone Crazy. St. Martin's Press. (Reviewed October 1994)

SHERMER, MICHAEL (1997) Why People Believe in Weird Things:
Pseudoscience, Superstition, and Other Confusions of Our Time.
W.H. Freeman and Company.

SHORTER, EDWARD (1997) History of Psychiatry: From the Era of the
Asylum to the Age of Prozac. Wiley.

SHOWALTER, ELAINE (1997) Hystories: Hysterical Epidemics and Modern
Media, Columbia University Press, 1997.

SIMPSON, PAUL (1997) Second Thoughts: Understanding the False Memory
Crisis and How It Could Affect You. Thomas. (Reviewed May 1997)

SINGER, MARGARET & LALICH, JANJA (1995) Cults in Our Midst.
Jossey-Bass. (FMSF Advisory Board)

SINGER, MARGARET & LALICH, JANJA (1996) Crazy Therapies. Jossey-Bass.
(FMSF Advisory Board) (Reviewed November 1996)

SLOVENKO, RALPH (1995) Psychiatry and Criminal Culpability. Wiley.
(FMSF Advisory Board)

SMITH, SUSAN (1995). Survivor Psychology: The Dark Side of a Mental
Health Mission. Upton Books.

SOMMERS, CHRISTINA H. (1994) Who Stole Feminism: How Women Have
Betrayed Women. Simon & Schuster.

SPANOS, NICHOLAS (1996) Multiple Personality and False Memory. American
Psychological Association. (Reviewed March 1997)

SQUIRE, ELIZABETH D. (1997) Whose Death Is It, Anyway? Berkley Prime

TONG, DEAN (1996) Ashes to Ashes...Families to Dust: False Accusations
of Child Abuse: a Roadmap for Survivors. FamRights Press. (child

TORREY, E. FULLER (1992) Freudian Fraud. Harper Collins.

VICTOR, JEFFREY (1993) Satanic Panic.: The Creation of a Contemporary
Legend. Open Court Publishing. (FMSF Advisory Board)

WAKEFIELD, HOLLIDA & UNDERWAGER, RALPH (1994) Return of the Furies:
Analysis of Recovery Memory Therapy. Open Court Publishing. (FMSF
Advisory Board) (Reviewed January 1995)

WASSIL-GRIMM, CLAUDETTE (1995) Diagnosis for Disaster. Overlook Press.

WEBSTER, RICHARD (1995) Why Freud Was Wrong: Sin, Science and
Psychoanalysis. Basic Books.

WRIGHT, LARRY (1994) Remembering Satan: Case of Recovered Memory and
the Shattering of an American Family. Knopf.

VAN TIL, REINDER (1997) Lost Daughters: Recovered Memory Therapy and
the People it Hurts. Eerdmans Publishing.

YAPKO, MICHAEL (1994) Suggestions of Abuse. Simon & Schuster.
(Reviewed June 1994)

YOUNG, ALLEN (1996) Harmony of Illusions: Invention Post-Traumatic
Stress Disorder. Princeton University Press. (Reviewed February 1997)

/                                                                    \ 
| "Ironically, the memory wars and the Freud wars are both primarily |
| battles of the books -- scholarly and professional disputes over   |
| whether psychoanalysis is a reputable science, a fraudulent        |
| pseudoscience, or a humanistic art. While the battles rage,        |
| psychoanalysis as a profession has long been in economic           |
| decline;.."                                                        |
|                                              Elaine Showalter      |
|                         The Guardian Newspaper, June 12, 1997      |

              F R O M   F I N D I N G   M E M O R I E S   
                     T O   C U T T I N G   O F F:
                        T H E   P R O C E S S

Do some therapists suggest abuse to clients and advise them on how to
cut off from their families? Many therapists claim there is no
evidence that anyone has done this, or if it is done, it is just by a
few untrained people. Published writings indicate otherwise. The
excerpts below for professionals from Working with Adult Incest
Survivors; The Healing Journey. (NY: Brunner/ Mazel, 1993) by
Kirschner, S.,Ph.D., Kirschner, D., Ph.D. and Rappaport, R., Ph.D.
exemplify techniques used in the incest recovery movement.

  "If the therapist is unable to help the client unearth memories, but
  has a strong sense that incest actually did occur in the family of
  origin, he or she should discontinue the memory-retrieval work and
  continue working on the other issues in therapy. However, the
  therapist should make a statement such as, 'Yes, it probably did
  happen, and at some point you'll get to it,' which acknowledges the
  probable incest and programs the unconscious for future memory
  retrieval..." p. 114.

  "If the client is ready, the practitioner also can express and model
  rage at the perpetrator. In addition, the therapist can anchor in an
  image of the good parent by describing how he or she would have
  reacted if he or she were the other parent, for example, the
  therapist might say something like, 'I'm furious at your father for
  hurting you like that. You were just an innocent little kid. If I
  had been your mother, I would have thrown him out of the house until
  he got himself therapy. I never would have let him touch you again!"
  p. 116.

  Chapter 9 The Family-of-Origin Work "In phase 3, the family has to
  acknowledge that indeed the incest and the denial did happen. The
  therapist must strongly support the client's recollections, and will
  often have to confront the family members directly by repeating or
  amplifying the survivor's statements. He or she may say, 'This
  actually did happen -- it's written all over her. Her symptoms are
  unmistakable. Just acknowledge it. Then you'll work to make it up
  to her!'" p. 156

  "Fear-of-Loss Strategy -- If the family continues to be
  uncooperative in attending sessions and maintains its denial, the
  therapist can suggest using the fear-of-loss strategy. The strategy
  consists of different behaviors that delimit contact with the
  family, all of which are designed to prevent further damage to the
  survivor and her family and to stir up separation anxiety in family
  members...Or, in the extreme case, the survivor can refuse for
  herself, her spouse, and her children to have any contact at all
  with other family members..."

  "When a survivor is married or is in a committed relationship, it is
  important for the therapist to enlist the partner's support during
  the fear-of-loss strategy. He should have been informed about how
  the family of origin is failing his partner, his children, and
  ultimately, him, in not facing and coming to terms with the damage
  that has been done. It is important for the therapist to explain
  that, at this crisis point, the spouse can be either a champion or
  someone who fails her, and that each stance has strong consequences
  for the relationship." p. 159

How do other professionals react to this advice? In the foreword to
the Kirschner et. al. book, Christine A. Courtois, Ph.D., a member of
the Working Group on Recovered Memories for the American Psychological
Association, praises it. "A second major contribution of this incest
treatment model is its emphasis on family-of-origin work. This
includes direct family involvement in the therapy and confrontation by
the survivor with the support of his/her partner and the coaching of
the therapist." (page xi)

Where do the professional organizations stand on the kind of practice
advocated by this book? You will have to ask them. Write to Herbert S.
Sacks, M.D., President, American Psychiatric Association., 1400 K
Street NW, Washington, DC 20005

/                                                                    \ 
|                            Form Letters                            |
| Did your confrontation letter read like a form letter? Maybe this  |
| is the reason.                                                     |
|                                                                    |
| "A confrontation by letter works exactly like one done in person.  |
| Both begin with the words: 'I am going to say some things to you I |
| have never said before' and both should cover four major points;   |
|      1. This is what you did to me.                                |
|      2. This is how I felt about it at the time.                   |
|      3. This is how it affected my life.                           |
|      4. This is what I want from you now."                         |
|                                                                    |
|                              Susan Forward with Craig Buck(1990)   |
|                                  Toxic Parents. NY: Bantam Books   |
|                    Chapter 14 "Healing the Incest Wound"page 239   |

                            F M S  N E W S
                            FMSF Expenses
                      March 1996 - February 1997
The external audit of the Foundation has been completed for the fiscal
year 1996-1997, which extends from March 1 to February 28.
Approximately 76.5% of Foundation expenses were spent for program
services: helping families, retractors and professionals locate the
resources they need; providing educational material to students and
selected groups; publishing the FMSF Newsletter; maintaining Speakers'
Bureau; Family, Retractor and Legal research; contacting state
volunteers; and library, video and article archives. The 18.4% for
Administration includes such items as insurance, office staff
salaries, phone lines and rent. The chart below shows the percentage
of money spent in each category. Below the chart are the actual dollar
amounts. A complete audited statement is available in the FMSF office
in Philadelphia.
                             [PIE CHART]

                      Program Services  $592,338
                      Administration    $142,359
                      Membership        $ 21,544
                      Fund Raising      $ 17,889
                      Total Budget      $774,130

   | Every man is gifted with reason...only those who do not wish |
   | to follow it, reject reason, and instead of using the reason |
   | given to them, wherein to discern truth, accept on faith the |
   | guidance of others who have also rejected reason.            |
   |                                              Leo Tolstoy     |

                         Believe the Children
On April 11-13, at a conference in Chicago co-sponsored by Believe the
Children, Executive Director Beth Vargo informed the audience that
Believe the Children is closing it doors.
  The rallying cry of "believe the children" started at the time of
the McMartin trial in 1983. Research then seemed to indicate that
children would not tell about an uncomfortable or shameful experience
unless an interviewer asked leading questions. Much has been learned
about interviewing children since 1983.
  In a recent Los Angeles Times article (4/11/97), Carol Tavris notes
that in the past, people focused on whether children do or do not lie.
She suggests that "It has become abundantly clear not only that
children do lie, on occasion, but also that they can be influenced to
make false allegations, just as adults can." Today researchers ask,
"Under what conditions is a child more likely to be suggestible and
claim that something happened that did not?" Tavris provides some
  *  "When the child is very young.
  *   When the situation is emotionally intense.
  *   When interviewers encourage the blurring of fantasy and reality,
      for instance by asking the child to 'pretend' that an adult did
      something to them.
  *   When the child has a desire to please an interviewer.
  *   When an adult repeatedly asks the same question; many children
      (especially preschoolers) will change their answers, thinking
      the first one was wrong or unacceptable.
  *   When the child is pressured by threats, offered bribes or 
      accused of lying if they don't give the 'right' answers.
  *   When the child is asked to play with anatomically detailed dolls.
      The assumption has been that doll play will reveal abuse that
      the child is ashamed to admit. However, when researchers compare
      how abused and nonabused children play with the dolls, they find
      no differences. Even nonabused children play with the dolls in a
      sexual manner."
                          A Tiff in England
                Daily Mail, May 19, 1997 Steve Doughty 
An argument about false memory syndrome has resulted in the
resignation of Lady Parker from Refuge, a charity for battered women
and children. Lady Parker is also on the Advisory Board of the British
False Memory Society. She believes that false memory syndrome is a
problem that needs solving just as battered women represent a problem
that needs solving. Unfortunately, the chief executive of Refuge,
Sandra Horley, believes otherwise. She and other members of the
charity complained that Lady Parker's position in the BFMS
contradicted her work with Refuge. Two colleagues of Lady Parker's
also resigned from the Refuge's 11-member council of management.
          Row Over Report of Royal College of Psychiatrists
               London Times, June 11, 1997, Derwent May
The Royal College of Psychiatrists set up a large working party to
look into the question of "repressed" and "recovered" memory. The
working party delivered its report almost a year ago, but nothing has
since been heard of it. While the College says that it is preparing a
set of guidelines for psychiatrists based on the report, the chairman
of the working party, Professor Sydney Brandon, is impatient and
wonders if the report will be published.
  According to the Times article, the report urges skepticism and
extreme caution about accepting claims of "recovered memory." Because
the college has many members who hold firmly to Freudian ideas, a
battle has been going on from within over the wording of the proposed
guidelines. Brandon told the Times reporter that he will publish the
report himself if the College does not act quickly.
              Battles Await New Child-Services Ombudsman
     Seattle Post Intelligencer, June 16, 1997, Steven Goldsmith
There are more than 75 Washington state citizens who are currently
pursuing lawsuits against the state's child welfare system. The suits
allege a total of $297 million in damages. An ombudsman, Vickie
Wallen, has been appointed by the state because citizens have had no
independent watchdog to look into their complaints. Even before she
takes office, critics of the Wenatchee child abuse cases are asking
for a major investigation into how officials dealt with families and
children in state custody.
  Michigan and Rhode Island are the only other states that have
instituted a similar position.
                           Award to Loftus
Elizabeth Loftus, Ph.D. member of the FMSF Scientific Advisory Board,
has been named a James McKeen Cattell Fellow for her contributions to
applied research by the American Psychological Society. The citation
noted that her "basic research has centered on memory, and she has
made contributions to the study of psychological issues of the
criminal-justice system. Her research explores such questions as
whether expert and eyewitness testimony can be trusted."

/                                                                    \ 
| One day it all came home to him. Even if his lawsuit were to clear |
| his name, his life had been stripped of its boundless potential.   |
| "There's no way I could ever run for public office, even if I had  |
| the desire. There was no way I could get a major corporation, who  |
| in the past were hungry to have me take a look. Do you think any   |
| of them are going to make me president or put me in a high         |
| position?" He could never do community work if it involved         |
| children, ever. His reputation was destroyed.                      |
|                                                Moira Johnston      |
|                                  Spectral Evidence (page 181)      |

                  I T   M U S T   B E   S U M M E R

  That is the only explanation for the following news clips. They
  underscore the need for consumer protection in the mental health
  industry as well as the need for increased public education about
                    Crying Helps Victims of Abuse
Method Documented in New Book According to a May 27, 1997 PR Newswire
release, Thomas A. Stone, author of Cure By Crying claims that "We
teach people how to remember the abuse and to cry. The crying is more
important than remembering. Whenever you cry, you are actually
draining energy from your blocked childhood traumas. Even when you cry
at a movie, you are probably crying about something that happened when
you were little."
    Ex-teacher Says His Affair with Girl, 14, Dated to Past Lives
                  Seattle Times, Sunday May 11, 1997
A former teacher in Santa Fe claims that his relationship to a young
female student dated to their lives in Tibet more than 1,000 years
ago. In this past life, the girl saved his life by taking an arrow
meant for him and he had to repay the debt of love. The judge did not
buy his story and sentenced the teacher to prison.
                        Marketing; Hocus Focus
             New York Times Magazine, Sunday June 1, 1997
A consumer researcher in Irvine, California is using recovered memory
techniques to test new products. Hal Goldberg says that people do not
always tell the truth in focus groups, so he hypnotizes and questions
them about things such as choosing chunky over smooth peanut butter.
The article notes that "supposedly" they do not lie under hypnosis. It
also quotes an account planner for an ad agency as saying, "This
technique seems a little scary but hypnosis is perfectly valid in
psychotherapy. There's no reason it can't be used in the business
world, too."
             The Power of Narrative: Exploring Past Lives
           Gannett News Service, May 12, 1997, Scott Owens
This article is a review of Children's Past Lives: How Past Life
Memories Affect Your Child by Carol Bowman. The book explains that
Bowman's son was frightened by fireworks during a Fourth of July
celebration so the author had a friend "regress" her five-year-old son
to a former life. The boy recovered memories of being a soldier killed
in the Civil War -- an explanation for his fear of fireworks.
  The author of the article notes that "Past-life therapy bestows the
confidence-building vindication that all your quirks and mistakes are
not the products of your own shortcomings but are due to some grand
trauma in a previous life." He noted that beliefs in things such as
past-life are "fairly bulletproof against logic, so we might as well
relax and enjoy the show. The millennium is approaching, and things
haven't gotten half as weird as they're going to get."

                       L E G A L   C O R N E R
       |           Pivotal Decisions Anticipated             |
       | During the next few months important decisions are  |
       | expected  on "repressed memory" cases from Supreme  |
       | Courts in Illinois,New Hampshire, Pennsylvania, and |
       | Tennessee as well as several State Appellate Courts |
      Courts Consider the Question of Immunity From Prosecution 
 Under State Statutes Mandating the Reporting of Suspected Child Abuse
Editor's note: Most states that mandate the reporting of suspected
child abuse also grant immunity from prosecution to those who report
"in good faith." It is with this phrase, "in good faith," that a
balance is struck between society's need to protect its children from
abuse by protecting those who report it, and the need to ensure that
these reports are not maliciously or negligently made. In most states,
it is presumed that a report is made in good faith. Under those
circumstances, a reporter generally cannot be sued for negligence,
defamation, and the like -- even if injury results from the reporting
of suspected abuse.
  To rebut the presumption of good faith, many courts require evidence
of negligence, of recklessness, or of willfulness in making a false
report. Some courts have specifically limited the immunity to the act
of reporting or to court related actions.[1] In fact, courts in most
jurisdictions have concluded that the immunity granted to mandatory
reporters is limited to reports that were submitted in good faith.[2]
  It should also be noted that a growing number of jurisdictions have
specifically held that mental health professionals owe a duty to
individuals whom they negligently accuse of child abuse.[3]
  A recent ruling by the Connecticut Supreme Court (reported below)
appears to ignore statutory language limiting immunity to reports of
suspected child abuse which are made in good faith. Nor does the
majority opinion consider the interpretation of similar statutes by
other jurisdictions or convincingly show that the harm to the falsely
accused father was not foreseeable.

  1 A unanimous decision by a California Appellate Court, James W. v.
Superior Court, 17 Cal.App.4th 246 (Cal. App., 1993), held that a
therapist and foster parent who treated a minor child after the
initial reporting were not immunized from liability under state
reporting statutes. "The Act is a reporting statute and its protection
runs to reporting: it does not apply to activities that continue more
than two years after the initial report of abuse by parties who are
not acting as reporters."
  2 Decisions which held that a reporter's liability hinged on whether
actions were made "in good faith" include: Montoya v. Bebensee, 761
P.2d 285 (Colo. App., 1988); Byrne v. Haynes-Seman, Colo. Ct. of App.,
No. 95CA486 (unpublished, Aug 8, 1996); Michaels v. Gordon, 211
Ga. App. 470 (1993); Pryweller v. Cohen, 282 Ill.App.3d 899 (1996);
Lehman v. Stephens, 148 Ill.App.3d 538 (1986); Hazlett v. Evans, 943
F.Supp. 785 (U.S. Dist., 1996) applying Kentucky statutes; Todd v.
State, 685 So.2d 313 (La.App., 1996); Bol v. Cole, 561 N.W.2d 143
(Minn., 1997); Caryl S. v. Child & Adolescent Treatment Services,
Inc., 614 N.Y.S.2d 661 (1994); Peterson v. Walentiny, 1995 U.S. Dist.
LEXIS 4290 (unpublished, Jan 9, 1995) applying Oklahoma law; Viviano
v. Moore, 899 S.W.2d 326 (Tex. App. 1995); Sabia v. Neville, 687 A.2d
469 (Vt., 1996); Wilkinson v. Balsam, 885 F.Supp. 651 (U.S. Dist.,
1995) applying Vt. statutes; Murray v. White, 155 Vt. 621 (1991);
Dunning v. Paccerelli, 63 Wash. App. 232 (1991); Leslie v. State ex
rel. Dept. of Soc. & Health Serv., 83 Wash. App. 263 (1996): Elmore v.
Van Horn, 844 P.2d 1078 (Wyo. 1992); Byrne v. Haynes-Seman, Colo. Ct.
of App., No. 95CA486 (unpublished, Aug. 8, 1996). See also, Annot., 73
A.L.R.4th 782, 826 (1989).
  3 See, e.g., Tuman v. Genesis Associates, 894 F. Supp. 183, 188
(E.D. Pa., 1995) ("a therapist owes a duty of reasonable care to a
patient's parents, where 1) the therapist specifically undertook to
treat the child for the parents; 2) the parents relied upon the
therapist; 3) the therapist was aware of the parents' reliance; and 4)
it was reasonably foreseeable that the parents would be harmed by the
therapist's conduct."); Montoya v. Bebensee, 761 P.2d 285, 289
(Colo. App., 1988), ("a mental health care provider owes a duty of
care to any person, who is the subject of any public report or other
adverse recommendation by that provider, to use due care in
formulating any opinion upon which such a report or recommendation is
based."); Caryl S. v. Child & Adolescent Treatment Services, Inc., 161
Misc.2d 563, 572, 614 N.Y.S.2d 661 (1994) ("where the determination of
sexual abuse is made by a professional treating a child, with
subsequent actions taken based upon that determination and aimed,
whether in whole or in part, at shaping not only the conduct and
well-being of the child but also the conduct of the suspected abuser,
or the relationship between them, a duty of care is owed not only to
the child but also to the alleged abuser."); Peterson v. Walentiny,
1995 U.S. Dist. LEXIS 4290 (unpublished, Jan 9, 1995) ("It seems
immanently clear the harm caused by an accusation of sexual abuse is
foreseeable...This court is persuaded that the Supreme Court of
Oklahoma, faced with the facts of the case at bar, would determine
Walentiny owed a duty of professional care to [the accused father]
which may have been breached by Walentiny's actions, resulting in
foreseeable harm to [father]. Of course, the existence vel non of
negligence is a question of fact for the jury."); Wilkinson v. Balsam,
885 F.Supp. 651 (U.S. Dist., April 17, 1995) ("plaintiffs have adduced
sufficient facts to create a genuine issue as to whether Balsam ought
reasonably to have foreseen that his negligent evaluation, diagnosis,
and treatment of [the minor children] and his decisions...would cause
injury to [the accused father]. If the fact finder determines that
harm to [father] was foreseeable in the circumstances, then Balsam
owed a legal duty to [father] to conform his conduct to the
appropriate standard of care."); Doe v. McKay, 286 Ill.App.3d 1020,
678 N.E.2d 50, (Ill. App., 1997) ("in a case such as this involving
repressed memories of sexual abuse, where the parent is brought into
the treatment process by the therapist, the therapist's duty to the
patient to use reasonable care in the treatment process is extended to
the parent.").
   Connecticut Supreme Court Holds that Mental Health Professionals
         Granted Absolute Immunity under State Reporting Act
     Zamstein v. Marvasti, 240 Conn. 549 (Conn., April 22, 1997)
The Connecticut Supreme Court interpreted the Connecticut statute [4]
mandating reporting of suspected child abuse as granting absolute
immunity to reporters. The majority concluded that "imposing a duty on
mental health professionals pursuant to the plaintiff's theory of
liability in the present case would carry with it the impermissible
risk of discouraging such professionals in the future from performing
sexual abuse evaluations of children altogether, out of a fear of
liability to the very persons whose conduct they may implicate." While
the majority emphasized the "strong public policy of encouraging
medical professionals and other persons to report actual and suspected
child abuse" which motivated passage of the statute, they apparently
ignored the qualifying language which grants immunity to prosecution
only where the action was undertaken in good faith.
  In a strongly worded dissenting opinion, Justice Berdon referred to
the injury described by the plaintiff father as "a tale of horror
caused by the defendant's negligent conduct." At the time psychiatrist
Marvasti agreed to evaluate plaintiff's minor children, he knew that
the children were the subject of a bitter custody dispute and that the
plaintiff's wife had brought criminal charges of sexual abuse against
plaintiff. Marvasti never met or spoke with the plaintiff. He did
present to the state's attorney's office edited videotapes of his
interviews with the children. From those tapes, he had deleted the
children's statements and actions exculpating the plaintiff from the
allegations of sexual abuse. It was not until Marvasti was cross-
examined at the father's criminal trial that this was discovered.
Evidence showed Marvasti used several improper techniques to elicit
incriminating responses from the children, including the use of
coercive interview techniques, asking leading or suggestive questions,
and offering candy as a reward. The father was subsequently acquitted
of all criminal charges.
  Justice Berdon concurred with the majority that a determination of
whether a defendant owes a duty to another requires a two part
inquiry: 1) whether it is foreseeable that harm of the general nature
suffered by the plaintiff may result if care is not exercised; and 2)
whether the imposition of such a duty is consistent with the public
policy of this state. However, Justice Berdon stressed, "Because the
legislature in adopting @17a-101(h) refused to grant absolute immunity
from civil liability to mental health professionals for reporting
child abuse when required by law, it cannot possibly be the public
policy of this state that mental health professionals owe no duty
under any circumstances to persons they negligently accuse of child
abuse...Once the legislature has spoken, it establishes the public
policy of the state."
  Regarding the question of foreseeability, Justice Berdon emphasized,
"It is clear that the harm caused to the plaintiff in this case was
foreseeable...If, as a result of the edited videotape, the state
continued with its prosecution of the plaintiff for sexual abuse,
requiring him to endure a three month criminal trial during which it
was discovered for the first time that the videotape was edited and at
which he was found not guilty, the defendant would be hard pressed to
convince a trier of fact that he acted in good faith...[Marvasti] knew
or should have known that his actions would have a direct impact on
the plaintiff's criminal prosecution and on the child custody
proceedings, and could cause irreparable harm to the plaintiff and to
his relationship with his children."
  It is agreed that mental health professionals should not be
discouraged from reporting child abuse. However, as Justice Berdon
noted, "The concern that subjecting those professionals to civil
liability for their negligent conduct could affect their professional
judgment is allayed for several reasons. First, any parent who seeks
to impose civil liability must prove that the mental health
professional was negligent -- that is, he or she failed to meet the
appropriate standard of care...Imposing liability on mental health
professionals when they act negligently will result in the profession
policing itself and establishing professional standards. These
standards will not only provide guidance for the conduct of
professionals, but will also have the salutary effect of safeguarding
healthy relationships between parents and children, which could be
destroyed when a parent is negligently accused of abuse."

  4 Connecticut Gen Statutes (Rev. to 1995) @ 17a-101(h) provides that
psychiatrists and other persons who in good faith make the report
required by that section shall be immune from any liability, civil or
criminal, which might result from making the report.
          Dad Sued Therapist over Daughter's Memory of Abuse
           by Ramon Coronado, Sacramento Bee, May 30, 1997
An accused father has sued a Sacramento therapist who allegedly
"implanted and reinforced" false memories of child molestation in his
36-year-old daughter. Roger L. Brown, his wife and his son claim the
therapy ruined their relationship with the Brown's daughter. The suit,
which was filed in Sacramento Superior Court late in May 1997, names
as defendants licensed clinical social worker Kim Johnson-Gebhardt,
Cornerstone Counseling Services and psychiatrist Douglas Lidge, a
former supervisor of Johnson-Gebhardt. The suit seeks at least $1
million in damages.
  The Browns' daughter, identified only as Jane Doe, is not a party to
the suit. Jane Doe was admitted into a private psychiatric facility in
Roseville for depression in August of 1992 and was under the care of
Johnson-Gebhardt and Lidge. Upon her release, the woman was placed in
an outpatient program of psychotherapy, which included the reading of
the book, The Courage to Heal.
  The Browns and Doe's husband attended several separate sessions with
Johnson-Gebhardt. According to the Complaint, during a
"confrontational session" between Mr. Brown and his daughter,
Johnson-Gebhardt "encouraged the plaintiff's daughter to read a
rehearsed script where Roger Brown was accused of sexually molesting
his daughter from ages 2-4."
  Mr. Brown denies he ever molested his daughter. "This therapy has
torn my family in two," he said. The Browns are represented by Joseph
C. George who is also a psychologist. Attorney George said the problem
with repressed memories is that they are often believed by the patient
without being independently verified.
                 Third-Party Lawsuit filed in Canada
 Bergen, et al v. C. Ross, T. Schultz, Govt. of Manitoba, College of
   Physicians and Surgeons, Univ. of Manitoba, Queen's Bench (Civil
        Division) Winnipeg Center, File No. CI 97-01-02334 [5]
The husband and sons of a former patient have sued psychiatrist Colin
Ross and family therapist Tammy Schultz and their employer, the
Provincial government and Provincial licensing agency. In a Complaint
filed May 7, 1997, George Bergen and his two sons claim that the
therapists administered excessive doses of drugs, fraudulently
diagnosed MPD and implanted false memories of satanic abuse (SRA).
They allege that as a result Mrs. Bergen became mentally disoriented
and permanently disabled until she could no longer act as a parent.
  The Complaint also states that the defendant Government set up a
"Satanic Cult Committee" which relied on defendant Ross's beliefs that
satanic cult crimes were occurring in Manitoba. According to the
Complaint, the Government's Satanic Cult Committee had a duty to act
on reliable scientific, medical or police evidence in order to protect
the plaintiffs and the public. Instead, it "used and promoted
unscientific, unproved, fraudulent literature, for public educational
purposes." Defendant Schultz, in turn, provided her patients
literature on SRA used by the Governments' Satanic Cult Commission,
represented that she was on the Government Satanic Cult Committee and
that her counseling was therefore fully approved by government
authorities. Defendant College and University are charged with
facilitating or permitting the defendant therapists to exercise
professional misconduct which caused injuries to plaintiffs' family.
  Mrs. Bergen entered therapy in 1992 for stress-related problems.
Through memory recovery therapy she came to believe she had repressed
memories of childhood sexual abuse, SRA, infanticide and devil worship
which supposedly occurred over 22 years earlier. In 1994, she and her
family sued her former therapists, but she discontinued the suit a
year later for medical reasons. Mrs. Bergen's sister was also treated
at defendant Ross's dissociative disorder program at the University of
Manitoba and she also subsequently began to believe she had been
sexually abused by satanic cults during her childhood. In 1986, her
mental condition seriously deteriorated and she committed suicide.
Plaintiffs state that defendant Ross breached a duty of care as
director of the dissociative disorder program at the University where
both sisters were treated. Plaintiffs claim they did not become aware
of all the material facts on which their claim is based on until about
January 15, 1997 when they reviewed sworn testimony of defendant Ross.

  5 See FMSF Brief Bank #3.
         Family Pursues Suit Against Police in Maryland Court
              by John Wharton, Enterprise, June 1, 1997
A summons has been reissued against several officers from the St.
Mary's county sheriff's department and a social worker based on their
actions in removing two minor children from a family home. Their
father had been charged with the sexual abuse of his teen-age daughter
based on the daughter's "recovered memories" which developed in
therapy. The suit alleged that the boys were threatened by law
officers during their father's arrest and that five months later the
boys were handcuffed, removed from the home and initially denied
permission to speak with their lawyer.
  The father, Danny Smith, was tried in 1993 on charges of sexual
abuse of his daughter. The trial ended in a mistrial, with jurors
unable to reach a unanimous verdict. His daughter, Donna, has since
denied that her father ever sexually abused her or that she ever
suffered from ritualistic abuse. According to the family's lawyers,
the daughter feels that her "understanding of the truth had been
manipulated by her therapists in determined efforts to support
incorrect diagnoses and support the St. Mary's County prosecution of
her father."
    Therapy Records Must be Disclosed if Patient Raises Own Mental 
  Condition as a Litigation Issue, South Dakota Supreme Court Rules
      Maynard v. Heeren, 1997 SD 60, (So. Dakota, May 28, 1997)
The South Dakota Supreme Court noted that physician-patient
communications are normally privileged and confidential under state
law (SDCL 19-13-7) unless that privilege is waived by the patient.
However the court held that state law (SDCL 19-13-11) also specifies
that privilege is waived when an individual uses his own physical,
mental or emotional condition as an element of his legal claim or
  In this case, the Maynards sued for slander, negligent
misrepresentation, and intentional infliction of emotional distress.
The alleged emotional suffering of the plaintiff was offered as
evidence of damages. The court held that the waiver of privilege under
SDCL 19-13-11 gives the party seeking disclosure an absolute right of
access to the privileged material. The court did note that the trial
court may use sound discretion in placing reasonable restrictions upon
dissemination and use of the therapy records. An in camera hearing
(that is, in the judge's chambers) may be held to determine whether
the material is relevant. State law assures that no privileged
information which is not necessary for litigation purposes is publicly
disclosed. In addition, the party seeking to invoke the privilege may
file a motion for protective order under SDCL 15-6-26(c).

  6 For similar rulings, see FMSF Working Paper, "Access to Records."
     Eighth Circuit Court Rejects Tolling Statute of Limitations 
             Regarding Determination of Causal Connection
           Frideres v. Schiltz, 1997 U.S. App. LEXIS 11614 
                      (U.S. App., May 19, 1997)
Following a lengthy history,[7] a lawsuit alleging childhood sexual
abuse over 24 years prior to filing was dismissed by a U.S. Court of
Appeals. Plaintiff claimed that she had been sexually abused as a
child between the ages of five and fourteen by her brother and father.
Plaintiff admits that she always had some memories of abuse and that
she spoke to her family physician and priest about it, but argues that
she was unable to understand its causal link to her current problems
until she began counseling. The court held that the facts admitted
would have "prompted a reasonably prudent person to begin seeking
information as to the problem and its cause," citing Woodroffe v.
Hasenclever, 540 N.W.2d 45 (Iowa, 1995) and Borchard v. Anderson, 542
N.W.2d 247 (Iowa, 1996). The court noted that even if plaintiff did
recognize additional injuries after her treatment with her
psychologist in 1990, this fact does not revive her claims for
injuries occurring much earlier than this date.

  7 Originally filed in 1991 in district court, several certified
questions were decided by the Iowa Supreme Court, Frideres v. Schiltz,
540 N.W.2d 261 (Iowa, 1995).
           Five Sex Charges Dropped Against Toronto Teacher
            by Dale Anne Freed, Toronto Star, May 16, 1997 
          Regina v. Cox, Ontario Court, Provincial Division.
Five charges of sexual offenses were dropped on May 15, 1997 against a
Toronto elementary school teacher because of lack of evidence. The
teacher, John A. Cox, was charged with indecent assault of a 26-year-
old former student. The woman claimed she had no memory of the alleged
assault until two years before the charges were laid. She eventually
named five other men who she said had also abused her. Cox's defense
lawyer, Michael Code, said the woman's videotaped statement was "full
of all kinds of indices of unreliability. She kept on alleging more
and more people were sexually assaulting her. That was eventually what
broke the charges."
  Ontario Court Judge Arthur Meen, said, "It's regrettable it's taken
this length of time to get the charges withdrawn, but it's better late
than never." Attorney Code urged police to insist on "very, very
thorough investigations before they lay the charge. I think we're
currently living in an environment where you utter the word child
abuse and everyone is spooked. It's reminiscent of the Salem witch
hunts three centuries ago," he said. After the acquittal, Mr. Cox,
who had been a teacher for more than 27 years, lea rned that he won't
be allowed back into a classroom until the Toronto Board of Education
conducts its own review. If the outcome of the review is negative he
could face firing.
            Court Clears Police Chief of Sex Abuse Charges
            by Bill Hunt, The Intelligencer, June 6, 1997
A police chief from Perth, Ontario Canada was cleared of all charges
that he sexually assaulted his daughter years earlier. Thomas
Halliday's 36-year-old daughter alleged that he sexually assaulted her
from age 3 until she was 10, and that he also assaulted another woman
whose identity cannot be released. Following a five day trial, the
jury reached a not guilty verdict on all counts.
  Defense attorney Alan Gold told the jury that the complainant had
admitted that she had no recollection of the events alleged to have
taken place between 1963 and 1979 until she began to imagine them
during therapy. Attorney Gold stated, "You could not possibly convict
anyone on the quality of the evidence provided."
        A Case Study of Justice Gone Awry -- The Edenton Case
The complex child sex abuse case[8] in Edenton, North Carolina
received national attention in the third installment of a PBS
Frontline documentary which aired May 27, 1997. "Innocence Lost: The
Plea" by producer/director Ofra Bikel[9] described a criminal case
which originally involved seven defendants, 29 children and hundreds
of charges. Along with horrific accounts of sexual abuse, young
children from the Little Rascals Day Care Center told tales of sharks
and spaceships and babies being shot. Of the seven adults accused,
charges against three were dropped, but only after six years. Through
Bikel's unwavering look at the facts of the case, questions are raised
about our criminal justice system in general and plea bargains in
  Beginning with the arrest of Robert Kelly in April 1989, the Little
Rascals case became the most expensive and prolonged criminal
prosecution in state history. It cost more than $1.5 million and the
trial lasted over 8 months. Kelly was convicted on 99 counts of sex
abuse in 1992 and sentenced to 12 consecutive life terms in prison.
The next year Kathryn Dawn Wilson, the cook at the center, was also
convicted on sex abuse charges and given a life sentence.
  There was no physical evidence, no conclusive medical evidence and
no eyewitnesses. The prosecution based its entire case on the post-
therapy affidavits of 29 children -- none of whom complained about
abuse prior to visiting with the psychologists. Despite testimony that
objects were used to inflict painful damage to the children, no
physical evidence was presented. There was testimony that the center
was open at all times and that parents dropped in without warning.
Nobody saw anything. Nobody found any evidence, such as the pictures
children said were taken.
  Also accused were Kelly's wife Betsy, three other staffers and a
video store owner who claimed never to have been inside the day-care
center. The convictions of Kelly and Wilson, though ultimately
overturned, helped prosecutors convince Kelly's wife Betsy, and
Willard Privott to plead "no contest." The alternative was to risk
trials that could have sent them to prison for life. They had spent 2
and 4 years in jail, respectively, awaiting trial.
  In 1995, a unanimous North Carolina Court of Appeals[10] overturned
the Kelly and Wilson convictions and criticized prosecutors and
judges. In one decision, the court said prosecutors were guilty of
"flagrant violation of our rules of evidence and misuse of closing
argument." Citing numerous errors in the trial, the appellate court
ordered that Bob Kelly and Kathryn Wilson be granted new trials. In
September of 1995, the state Supreme Court affirmed the appellate
court's findings. An editorial from a Wilmington NC paper said,
"Those two decisions are about the only aspect of this notorious case
in which North Carolinians can take pride."
  Finally, last December prosecutors decided to drop the charges
against three other young female employees. Charges against Dawn
Wilson, who had refused to accept a plea despite enormous pressure and
increasingly generous offers, were also dismissed.
  Four days before the airing of "Frontline," Prosecutor Nancy Lamb
said she was dropping the remaining charges against Bob Kelly because
the parents of the children involved did not want to put them through
another trial. But the ordeal is not over for Kelly. Prosecutor Lamb
has filed new charges against him, alleging that he abused another
child, not a student at the day-care center, even before the alleged
abuse at Little Rascals. Kelly is still scheduled to be tried on those
  The new charges, which Lamb said surfaced during a review of the day
care case, allege that Kelly raped and molested a 9-year-old Edenton
girl over 10 years ago. Details of the new case are sketchy. Kelly
said he is innocent and that he has never met the girl, although he
knows her family. On May 23, Lamb said she didn't know when the new
case would go to trial.
  Robert Kelly, who spent six years in prison, has been free on bail
since September 1995.

  8 For more information, see; C. on: "Innocence Lost"
May 27, 1997. For a chronology of the case, see Whitlock, C. and D.
Loomis, (5/24/97) "Little Rascals charges dropped," The News and
Observer, Raleigh, NC.
  9 Producer Ofra Bikel won an Emmy and two prestigious
duPont-Columbia Silver Batons for her earlier "Innocence Lost"
installments in 1991 and 1993.
  10 North Carolina v. Kelly, and North Carolina v. Wilson, 118 N.C.
App. 589, (May 2, 1995).

|                          This Just In...                           |
|                                                                    |
| California Appeals Court holds "repressed memory" claim does not   |
| meet evidence requirements under Kelly-Frye and plaintiff may not  |
| testify as to any "recovered repressed memory." Engstrom v.        |
| Engstrom, Cal. App., 2nd Dist., No. B098146, unreported, June 18,  |
| 1997.                                                              |
/                                                                    \ 
|                       Comments About Edenton                       |
|                                                                    |
| "The full truth of what happened at Edenton may never be known.    |
| What is known is that prosecution became persecution. And it isn't |
| over yet."                                                         |
|                   Editorial, Morning Star, Wilmington, NC, 5/29/97 |
|                                                                    |
| "The Little Rascals case has been painful for everyone. It has     |
| wasted many years of many lives. The greater waste will be if      |
| nothing is learned from it."                                       |
|             Editorial, The News and Observer, Raleigh, NC, 5/28/97 |
|                                                                    |
| "Beginning with the arrest of Kelly in April 1989, the Little      |
| Rascals case became the most expensive - at more than $1.5 million |
| - and prolonged criminal prosecution in state history. And now it  |
| can be said that rarely have so much time and money been spent in  |
| vain. Never has the state devoted such resources to wrecking lives |
| with such flimsy evidence and unconscionable delays. [I]t is a     |
| chilling example of the judicial system that was unchecked by      |
| common sense or common decency."                                   |
|                Editorial, News and Record, Greensboro, NC, 5/28/97 |
|                                                                    |
| "The importance of Bikel's latest film lies not only in its        |
| eternal questioning of accepted truths, but also in its ability to |
| force you into the shoes of the defendants, making you wonder how  |
| you would decide if confronted by the choices facing some of the   |
| defendants: Plead innocent at a trial that brings the probability  |
| of a lifetime in prison, away form your loved ones, or agree to    |
| the partial admission of guilt that comes with freedom?"           |
|                                         Los Angeles Times, 5/26/97 |
|                                                                    |
| "Children all too often do suffer terribly at the hand of perverse |
| and brutal adults, often parents and relatives...Children must be  |
| protected not only from predators but from counselors of           |
| questionable credentials. And those accused, no matter how         |
| horrendous the charges, are entitled to a presumption of innocence |
| and a scrupulously fair trial."                                    |
|                            Editorial, The Washington Post, 5/24/97 |
|                                                                    |
| "The silence of the prosecutors is deafening: the only possible    |
| explanation is that they are trying to save face. On Friday,       |
| prosecutors said they would not retry the last two remaining       |
| defendants, whose previous convictions had been overturned on      |
| appeal. They claimed it was because they didn't want to put the    |
| children through another trial, and not because of a lack of       |
| evidence. Those who watch tonight will know better."               |
|         Editorial, The Atlanta Journal and Constitution,  5/27/97  |
|                                                                    |
| "But the documentary does suggest that the plea-bargain system is  |
| like a lose-lose situation for defendants. As one defendant says   |
| angrily, 'If I'm supposed to be the monster they said, why did     |
| they offer me a plea?'"                                            |
|                Steve Hall, "Documentary focuses on plea-bargains," |
|                                     The Indianapolis Star, 5/27/97 |
|                                                                    |
| "I assumed that if I was accused of doing something I didn't do,   |
| the system would take care of me. That's an illusion...I wanted to |
| hear from [the prosecutors], I needed something to quiet me, to    |
| assure me that the prosecution wasn't whimsical."                  |
|                                                         Ofra Bikel |
|    filmmaker/producer of "Innocence Lost: The Plea," regarding her |
|   conclusions about the justice system after her research, 5/27/97 |

                      F M S F    F E A T U R E S

         Communists, Confirmation, Critics, And The Courtroom
                        August Piper Jr., M.D.
Return with me, for just a moment, to the bad old days! Yes, dear
readers, to those thrilling days of yesteryear, when perhaps the
deadliest accusation one could face was that of being a "card-carrying
Communist." (In the bad new days, of course, an accusation of "child
abuse"-- say by a divorcing spouse in a custody battle -- possesses a
similar damage-inducing capacity. But I digress.)
  A recent letter's first sentence -- "I have been advised that you
are, or were, affiliated with an organization known as the False
Memory Syndrome Foundation"-sounded like the writer thought the FMSF
was some kind of Communist or terrorist front. But the letter turned
out to be nothing more than an intelligent and well-written request
for information. I thought this column's loyal readers might find the
discussion interesting.
  First, the writer wondered if information existed that would allow
current or former patients to determine whether their memories were
true or false.
  The letter continued: "I have read that some psychotherapies,
especially those involving hypnosis, may make patients vulnerable to
even slight suggestion, to the point that false memories develop. Is
this true? And suppose this actually occurred: would it then be
possible to reinforce the memory, in case a patient began to recognize
its falsity?"
  Now to discuss these questions. Of course, the answer to the first
is simple and well-known: proof of memories' accuracy can be obtained
only by some kind of external corroboration.
  What kind of corroboration suffices for proof? Ay, there's the rub!
In one recent trial, for instance, an expert tried to convince a jury
that a man's mental illness, and his alleged-not proven-mistreatment
of one sister proved that he had sexually mistreated another sister.
Such elastic criteria for "proof" flower not only on the witness
stand, but appear in published papers as well. For example, one 1995
study claims to provide "confirmation of recalled abuses in 56% of
[the study's] cases." How did the author obtain "confirmation"? Why
he took his patients' words, of course! "I accepted my patients'
accounts of [the] confirmations and confessions," he writes.
  A heated debate rages around the second question. The treatments
loosely described as "recovered-memory" therapies are the ones against
which this kind of accusation is most often made. I should mention in
passing here that this debate burns so brightly partly because no one
agrees exactly which techniques should be included under the term
"recovered-memory therapy." Further, no one agrees on exactly how
vigorously a given technique would have to be pursued by a therapist
before he or she could legitimately be said to be implanting
memories. More on these two points just below.
  Several studies have produced what appears to be quite solid and
convincing evidence that under at least some circumstances, people can
come to believe things that never happened. And yes, hypnosis is one
of the factors that can lower thresholds of belief, thus making people
susceptible to implanted false memories. It is, of course, because of
this ability to render people more suggestible that American courts
have for years taken an exceedingly dim view of hypnotically-refreshed
testimony. By the way, formal hypnosis-inducing procedures-you know,
staring at the swinging watch or the lighted candle-are not necessary
to produce a state of hypnosis.
  Can peoples' false memories be reinforced? I'll let you answer that,
based on the following true story. I know about one patient who stayed
in a certain hospital for several months. The physician, who was
clearly an authority figure for this patient, repeatedly interviewed
her, telling her that he knew she had hidden "abuse memories." In
addition, the staff and physician offered plausible-sounding
explanations, based on the idea that the patient had been mistreated
as a child, for her present-day symptoms. The doctor strongly
discouraged contact with her disbelieving family members. And finally,
the patient was encouraged to spend several hours each day rehearsing
the thoughts and feelings associated with the "memories" she
  In other words, this patient was exposed to several procedures known
to contaminate memories and reinforce inaccurate beliefs. For a more
extensive discussion, see Lindsay and Read, Applied Cognitive
Psychology 8:281-338, 1994.
  Well, one might ask, if the evidence is all that "solid and
convincing," then how come a debate rages? It rages because critics
attack these studies. The critics argue: merely showing that one can
implant inaccurate memories of relatively benign childhood events
(such as breaking a punch bowl) says nothing at all about whether
recollections of more malignant experiences (such as being raped at
age two at a family picnic) can be similarly implanted. The critics
argue, in other words, that what happens in the laboratory has nothing
to do with what happens in the therapist's office.
  The debate rages for another reason, too. Earlier, I mentioned the
disagreements that swirl around the concept of "recovered-memory
therapy." These disagreements allow therapists accused of implanting
false memories to say, "Well, it may be possible to make people
believe things that didn't happen, but the techniques I use in my
practice can't do this," or, "Well, I occasionally ask questions about
childhood sexual abuse, but these questions wouldn't implant memories
if they weren't already there."
  This, of course, is the classic "it's those other guys who are doing
bad things" argument; the lengths to which it is sometimes stretched
are truly astounding. Take just a single example. One well-known
authority in the field of multiple personality disorder has started to
testify against people being sued for practices quite similar to those
he himself advocated not too long ago.
  Yes, it is possible that psychotherapy is poorly modeled by
laboratory experiments. Yes, it is most unlikely that an occasional
simple question from a therapist would ignite a firestorm of sexual-
abuse memories in a patient. But let us cut through these
distractions, these marginal concerns. The central and fundamental
question in recovered-memory cases is-or should be-whether patients
are harmed when therapists encourage them to believe things that never
were true. For example, is it harmful for a doctor to tell a patient,
as in one recent case, that the patient's grandmother had boiled
babies in a vat to make soap, or, as in another, that at a family
picnic the patient's relatives were serving meat made from human
                              *   *   *
FLASH! The next column will discuss a leading multiple personality
disorder proponent's realization, reported in the January 1997 US News
& World Report, that 20% of MPD diagnoses are incorrect!
                              *   *   *
  I recently talked to a mother and father who are suing their
daughter's former therapist. A deposition in the case was scheduled in
a few days. (A deposition is an official questioning under oath by an
attorney as it would be in court; your answers are written down and
may be used during a later trial.) These parents wanted to reduce the
stress of being deposed, and they wondered what I, as a therapist,
thought of their idea of buffering this stress by providing an
occasional humorous or sarcastic answer during the deposition.
  As everyone knows, much of humor's power rests on its nonverbal
features-rhythm and timing, facial expression, gesture, accent,
intonation. Indeed, a joke's words may be completely contradicted and
overridden by its nonverbal elements. However, because these elements
cannot be captured in the written transcript on which lawyers must
rely, the humor is completely lost. The opposing lawyer would have the
luxury of examining the deposition's words, stripped of their
nonverbal coloring. In my opinion put simply, humor in depositions is
  A lawyer I consulted on this question made another interesting
comment. He said that judges attempt to avoid excess emotionalism in
the courtroom, because it impairs cool and rational consideration of
the legal issues. I knew this, but did not consider the implication:
witnesses are often forbidden to cry in the courtroom. At the first
sign of weepiness, His or Her Honor often calls a recess. What this
means is the effect is lost. If you're hoping to use emotion to help
reach the jury-don't.

  August Piper, Jr. M.D. is in private practice in Seattle. He is a
  member of the FMSF Scientific Advisory Board and the author of the
  book Hoax & Reality: The Bizarre World of Multiple Personality
  Disorder, Northvale, NJ: Jason Aronson, Inc.

|                           Available Now!                           |
|                                                                    |
|                                                                    |
| What are the professional accomplishments of this remarkable       |      
| board? What do they think about the repressed memory controversy?  |
| Thumbnail sketches of the 48 Advisory Board members.               |
|                                                                    |
| Article order #26                                            $2.00 |
                  M A K E   A   D I F F E R E N C E
  This is a column that will let you know what people are doing to
  counteract the harm done by FMS. Remember that three and a half
  years ago, FMSF didn't exist. A group of 50 or so people found each
  other and today more than 18,000 have reported similar experiences.
  Together we have made a difference. How did this happen?

| When bad men combine, the good must associate; else they will fall |
| one by one, an unpitied sacrifice in a contemptible struggle.      |
|                                                       Edmund Burke |
|    Thoughts on the Cause of the Present Discontent Vol. i. p. 526. |

We are always urging families "to tell your story." If we want to
reach a multitude of people, we need to go where the people are. Where
are the people? Look at the best seller list, both fiction and non-
fiction. Pick your favorite author and get his or her mailing address
from a local book store. Write and tell your story.

Our stories are true and as the saying goes "truth is stranger than
fiction." Think of the components of any family story: fanaticism,
greed, incompetence, malpractice, ruined families, suicides, lawsuits,
extortion, secret settlement out of court, insurance fraud and
sometimes, happy endings.

LOUISIANA: Many FMS groups have regular meetings. A dad suggests
setting a goal at the beginning of each year for your group. Get a
complete set of FMS Foundation Newsletters and donate them to the
library in your area. The cost could be split. The contact with local
librarians is invaluable and it could lead to book displays on FMS or
even book discussions on FMS and associated topics.

ILLINOIS: Through the generosity of an FMS Dad, Illinois families were
able to secure a booth and hand out information at the Rockford,
Illinois Senior Citizen Fair. Hundreds of people attended. The
families were well received and are looking for other "Senior" events
in which to participate.

WASHINGTON: If you think a book would be valuable to others, let the
publishers know. Recommend it to book clubs like the Oprah Winfrey
Book Club, for example.

  Send your ideas to Katie Spanuello c/o FMSF.

/                                                                    \ 
|                    From a Retracting Therapist                     |
|                                                                    |
| This is not simply about questioning the techniques you have been  |
| using. This paradigm shift involves your entire professional       |
| career, in fact, your entire world. Even if only a portion of your |
| clients have had false memories, the implications are              |
| overwhelming. There's no way to know which are real and which are  |
| false. This means that thousands of recovered "memories" are       |
| suddenly open to question. With a quiet terror a thought keeps     |
| intruding, "You've perpetrated crimes against the very clients who |
| trusted you!" With that trust, you created horrific fantasies that |
| destroyed their lives and falsely accused families. If this were   |
| true, the crimes you have perpetrated rival the worst act that the |
| satanists ever did.                                                |
|   Recognizing the truth of the False Memory Crisis involves a      |
| paradigm shift that is a radical departure from the world that the |
| regressionists have created. It's not a matter of hard-core        |
| regressionists getting enough information in order to change. A    |
| person can make the choice to refuse change, no matter how much    |
| evidence is presented...Each one of us has the power to choose     |
| life or death, truth or deception...I had come to understand my    |
| own deception."                                                    |
|                                                Paul Simpson        |
|                                  Second Thoughts, p 116-117        |


                        B O O K   R E V I E W
                   No Middle Line on Corroboration
                            by Allen Feld

                       "Taking the middle line:
      can we accommodate both fabricated and recovered memories
                          of sexual abuse?"
        Jonathan Schooler, Miriam Bendiksen, and Zara Ambadar. 
   In Martin Conway (Editor) Recovered Memories and False Memories.
                    Oxford University Press, 1997

  Thus, in the absence of actual corroborative evidence, science may
  never be able to tell an individual for certain whether his/her
  memory is real or simply fabrication. Such an individual, like the
  field as a whole, may have to come to accept the fundamental
  ontological uncertainty of many recovered memories. (p. 287)

Jonathan Schooler and his colleagues included in their chapter title
the question, "(C)an we accommodate both fabricated and recovered
memories?"[1] They believe we can. However, they still found it
necessary to include the above statement as part of their concluding
comments. They support "accommodate(ing) both fabricated and repressed
memories" after reviewing the evidence for both kinds of sexual abuse
memories. They analyze four cases they contend demonstrate that some
people may actually forget being sexually abused.
  Material familiar to readers of the Newsletter is used to support
the existence of false memories of sexual abuse: the research from
cognitive psychology and the research on the frequent use of highly
suggestive therapy practices; the recovery of "incredible events";
retractor stories and "the powerful lessons from history on the
dangers of discounting individual susceptibility to persuasion."
Newsletter subscribers may also be acquainted with some of the
material used to support the existence of recovered memories. However,
the analysis of the four cases, which forms the substance of their
pro-recovered memory position, may be material that is less well-known
to readers.
  The individual cases are analyzed using three "distinct claims" to
validate a sexual abuse recovered memory: "the reality of the
event...the reality of forgetting...the reality of the recovery
experience" (260, italics in the original). While these seem to be
reasonable criteria, their application requires some subjectivity. The
authors point out the uncertainty of whether the four cases fully meet
the prescribed standards. Significantly, Schooler and colleagues
unequivocally embrace the necessity of corroborated evidence to
determine the veracity of a recovered memory. The significance rests
not in that new ground is broken in this article. It is where the
statement appears -- in an article that examines what the authors
report as documented cases of "recovered memories" of sexual abuse.
  There would have been no need for a Foundation if corroboration had
been the universal therapeutic practice. If therapists adhered to a
corroboration standard, thousands of families would have been spared
the devastation of being torn apart. If the tolling of the statutes of
limitation for these crimes included a corroboration requirement,
thousands of people would have been spared the ordeal of litigation.
Millions of tax, insurance and private savings dollars would not have
been wasted. There is no "middle line" on the need for corroboration
of new memories of sexual abuse by adults. After all, this need for
corroboration is where the science is.

  1. Schooler, J. W., Bendiksen, M. & Ambadar, Z. Taking the middle
line: can we accommodate both fabricated and recovered memories of
sexual abuse?  Recovered memories and false memories (ed. M. A.
Conway). pp. 251-292. Oxford: Oxford University Press.

  Allen Feld is Director of Continuing Education for the FMS
  Foundation. He has retired from the faculty of the School of Social
  Work at Marywood College in Pennsylvania.

                | You can't depend on your eyes when |
                |  your imagination is out of focus. |
                |                      Mark Twain    |

                   F R O M   O U R   R E A D E R S
              Responses to Stephen Lindsay (June, 1997)
Dear Editor:
  I am disturbed by a comment in the letter from Stephen Lindsay in
the June issue of the newsletter. He wrote, "I have submitted this
letter for publication in the FMSF Newsletter because I believe that
some competent psychotherapists who do not use suggestive memory work
in their practices and who might be powerful and effective allies in
discouraging others from using such techniques, perceive the FMSF as
claiming that all or virtually all recovered-memory experiences are
illusory..." Is Dr. Lindsay implying that competent therapists, who
might be powerful and effective allies in discouraging others from
using suggestive memory work, knowingly are not doing so? Is he
implying that they are knowingly not doing so simply because of their
perceptions of FMSF claims regarding recovered-memory experiences?
  Surely Dr. Lindsay does not condone competent therapists being
silent witnesses to the destruction of families by therapists who use
dangerous and unscientific practices. Despite their perceptions
regarding FMSF, competent therapists have a moral and ethical
responsibility to muster the courage to publicly discourage both the
use of suggestive techniques and the reckless "cutting-off" or
isolation of clients from their families.
                                                    Michele Gregg
Dear Dr. Lindsay:
  There are several points that I believe need to be made in reference
to your letter in the June 1997 issue of the newsletter. Some time ago
I realized that discredited fringe therapists are not the major
obstacle to the expeditious ending of irresponsible "memory work." It
is the influential, respected professionals who unwisely endorse
unsubstantiated beliefs and who use their clout to spread them
around. Ambiguous statements on "repressed" and "recovered" memories
issued by various professional associations are among the most
disturbing examples of harmful concessions to pseudoscience. The
failure of most of these associations to base their conclusions on
scientific evidence rather than on expedient political notions set the
clock in the "memory war" back substantially. It is clear that many
people will not easily give up their belief in the "repression" and
"recovery" of previously "repressed" memories. Too many careers have
been built around this notion; too many jobs have been created in the
wake of sex abuse hysteria.
  It seems obvious, therefore, that in order to move ahead, we have to
reach out, to search for common ground and to seek points of agreement
without compromising science. In the past few years, consensus has
emerged with respect to the existence of false memories and to the
impossibility of distinguishing between true and false memories in the
absence of independent corroboration. This consensus on two critical
points was an important development. To move ahead we need to nurture
a common ground embodied by the quest for corroboration. The quest for
corroboration is paramount to ending this crisis. It will eliminate
the miscarriage of justice in the courts. It will weed out dubious
research based on presumed but never verified traumas.
  I was disappointed that you did not bring up this important point
about corroboration of memories in your letter. Instead, you claim
that some abuse is "implausible" and some is "relatively plausible,"
but where do you draw the line? Even if abuse is plausible, does that
mean that it happened? I know a case where a man was sentenced to 
7 1/2 years in prison because a judge found the uncorroborated
memories "plausible" although many others felt they were
"implausible." If we judge the veracity of memories solely on the
basis of "plausibility," we are treading on very shaky ground from a
legal, ethical and scientific viewpoint.
  I am deeply concerned that your proposed model of "recovered memory
experience" (RME) adds confusion to an already complex situation. You
argue that because a recovered memory experience encompasses both true
memories and "illusory memories," the statement "some recovered
memories are true," is a correct statement. Since you reject the
concept of massive repression, you base this statement exclusively on
"forgotten-and-remembered" memories. The confusion comes from the
fact that there are still some people who believe in repression and
for whom the statement "some recovered memories are true" means some
"repressed-and-recovered" memories are true. Because these different
interpretations of the statement can be made, it is confusing. To help
us move forward, we need to have statements that carry the same
meaning for all participants.
  In the early 90s and up until quite recently, the term "recovered
memories" applied exclusively to "repressed-and-recovered memories."
The assertion that "some recovered memories are true" carried with it
the underlying assumption that the "recovery" was preceded by
"repression." After all, the Foundation was formed to help individuals
who, without exception, reported accusations based on "repressed-and-
recovered" memories. I suspect that even now, a majority of people,
both lay and professional, would interpret the statement "some
recovered memories are true" as a confirmation of "repression." Only
recently, as the concept of massive repression has become discredited,
has there been a need to muster support for this statement by
including "forgotten and remembered" memories.
  You wrote: " ordinary forgetting mechanism can sometimes lead
people to forget isolated instances of child sexual abuse especially
if the abuse was not physically violent..." and " seems likely
that some adults who experience [isolated instances of non-violent
abuse] will fail to remember it in adulthood and that some such adults
could recover essentially accurate memories of the abuse if
appropriately cued..."
  How do people know that sometime in their past they "failed to
remember?" Isn't that an untestable hypothesis? For example, I may
recall absolutely nothing about my first Girl Guides field trip on my
own, but when cued by a friend, a photograph or an old diary, the
memories surface with surprising clarity. Was there any period in my
life when I would not have been able to recall these memories? I don't
know. How could I know? Do these memories also qualify as "recovered
memories?" Or is this term reserved only for memories of child sexual
  Although I appreciate your desire to help people find points about
which they can agree, I think that your efforts to expand the scope of
the term "recovered memories" to include ordinary forgetting and
remembering, does the opposite. The term "recovered memory experience"
is too broad to serve the purpose of effective discussion. A fresh
neutral term is needed -- perhaps "intermittent recollection" or "cued
recall" for the condition of "forgotten-and-remembered."
                                                P. T.

     | Just as Ebola is coming out of the rain forest, multiple |
     | personality is coming out of the United States."         |
     |            Linton Weeks, Washington Post, April 12, 1997 |

                  Back Where We Were Five Years Ago
As you may know, my daughter came back and, in time, admitted her
error. She even worked for about a year in my office while I was
representing the victims of False Memory Syndrome in lawsuits. She
often brought with her to the office my youngest grandson who was then
under a year old. It was a time of healing and reestablishing the
strong bonds of affection and respect that had been undermined but not
destroyed. We remain on good terms and I see both my grandsons as
often as I wish with no restrictions. Words cannot express the relief
and gratitude I feel.
  Looking back from this vantage point it is like a nightmare from
which we have awakened. There were for us distinct stages. I was
devastated at first, unable to carry on my practice or do much of
anything. Then came our discovery of the Foundation and hundreds of
other families who were enduring the same misery. We became activists
and, on a very modest scale, organizers. Our top priority in life was
working to fight the bogus therapy that caused the misery we all
felt. During that time I was not very interested in or involved in my
practice. Then came an integration of our activist interest in
exposing the toxic therapy and the fact that I was and am a trial
lawyer. I took on a series of cases against therapists, doctors and
hospitals. Over a two year period these cases ran their course. I
guess I am back to what I was doing about five years ago just before
the FMS bombshell exploded in our lives.
                                                   A Very Happy Dad

      | Facts do not cease to exist because they are ignored. |
      |                                     Aldous Huxley     |

                     Initiating a Talk about "It"
After a two year breach, my daughter initiated contact and essentially
reestablished her relationship with me -- but never discussed the
matter further. It has been over a year now and I thought that maybe
we should address those matters of repressed memory/false memory
recovery. So I initiated the subject through suggesting that she read
a book. I had in mind Dr. Paul Simpson's Second Thoughts. Enclosed is
my daughter's reply and my reply back to her.

  Dear Dad,
  I received your letter about wanting to talk about what caused us so
  much disruption. A part of me feels like I don't ever want to get
  back into it. It's done; it's over and as long as we both treat each
  other with decency and respect right now that's all that matters.
  But then a part of me wonders if there might be some things we could

  I assume the book you want me to read is on the false memory 
  syndrome. If you want me to read that book and say, "I made a grave
  mistake. It was all false," I don't think it is likely, and I don't
  think it is likely that you will read one of my books on repressed
  memories and tell me that my memories are real. The only reason I
  really delved into my memories was because I felt that they were at
  the core of my bulimia. In June, it will be four years since I've
  practiced the bulimia. My biggest concern right now is living fully
  in the present, without anything weighing me down. I don't blame you
  any more Dad. You have always given me everything you could and
  that's all I could expect. So I'm not sure what is left to discuss
  except maybe to apologize for any unintentional harm we did to each
  other. I am open but must say that I have no desire to debate it or
  have to prove myself "right." The only thing that would motivate me
  is the potential of further healing and improving our relationship.
  At this point that's all that matters.

  So, that's where I stand. I look forward to hearing from you soon,
  Dad. Love always

  Dearest "Daughter",
  I believe that I am blessed to have you reunited with me after the
  time you and I were estranged. I do not want to jeopardize the
  rapproachement by picking at old scabs. But I have always believed
  that ultimately it is the best policy to know and speak the truth. I
  believe this because errors of understanding create problems of
  their own and the truth can be dealt with no matter how painful it
  may be. So I have brought the subject up between us after an
  appropriate time in which we have reestablished contact first and
  then resumed some of the normal daughter-dad relationship...In your
  own time, I would like to go over the matter with you. I do not know
  whether we can ever settle the matter because we seem to still have
  diametrically opposed positions and both of us cannot possibly be
  correct about the issue...You see, I never was exactly told by you
  what your memories were. Similarly, when you reunited with me two
  years later, you never told me what caused you to do so, i.e. what
  you felt about those repressed and recovered memories now. That's
  why I wrote you. You letter is helpful to me to understand where you
  are at now.

  I am not trying to argue the matter and I know the subject is way
  too powerful for either one of us to dismiss our beliefs as false. I
  do not think I can convince you and I believe that you could not
  convince me either. But that does not dismiss the fact that we ought
  to try to understand the other's point of view. So I propose that we
  read a little of the opposing literature and then see how we feel
  about things afterward. Let me know what you might want me to read
  and I'll do the same, if you agree.
                                                          Love, Dad

            | "Television has done much for psychiatry   |
            | by spreading information about it, as well |
            | as contributing to the need for it."       |
            |                         Alfred Hitchcock   |

                          Update from Sweden
On April 4 we had a meeting with the Swedish Society for Psychiatrists
and with the Government Board for Public Health. We, the working
party, consist of two doctors, one scientist, one nurse and some
family members. Like our earlier contact with the Psychology Society
and the Board of Social Welfare, the Psychiatrists were first
astonished that such an evil thing had really come to fine, nice
Sweden. In September the Swedish Board of Social Welfare will arrange
a meeting where one of the medical members of our Working Party will
present information about the problem of FMS. The Courage to Heal has
now been translated into Swedish. The Working Party will try to
disseminate information about books that present scientific
information about memory to the public and professionals. A book
published in Sweden (in English) that Americans may be interested in
is Textual Analysis: A Scientific Approach for Assessing Cases of
Sexual Abuse. Vol 1 and 2 by Max Scharnberg (1996) Acta Universitatis
Upsaliensis, Uppsala Studies in Education.

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      |              MARCH 1997 CONFERENCE TAPES              |
      |                                                       |
      | FAMILY CONFERENCE  TAPES                              |
      | TAPE 222 160 minutes (approx.)                        |
      |   Welcome and Introductions                           |
      |   Making A Difference                                 |
      |   What We Still Need to Know                          |
      | TAPE 223 160 minutes (approx.)                        |
      |   Part 1 Legal Task Force:                            |
      |   The Foundation as Friend of the Court;              |
      |   Families and the Courts: Report on the Legal Survey |
      |   Part 2 Family and Retractor Panel:                  |
      |   Dealing with the Legal System                       |
      | TAPE 224 120 minutes (approx.)                        |
      |   Helping Families is to Help Everyone                |
      |   Family Panel:The Wisdom of Families & Retractors|
      | TAPE 225 100 minutes (approx.)                        |
      |   Reforming the Mental Health System:                 |
      |   Education, Regulation, Litigation and Legislation   |
      |   Closing Remarks                                     |
      |                                                       |
      | PROFESSIONAL CONFERENCE TAPES                         |
      | TAPES a310 set of seven                               |
      |   Presentations by the following                      |
      |   Jason Brandt, Ph.D.                                 |
      |   (Paper presented by Jonathan Folstein)              |
      |   Philip M. Coons, M.D.                               |
      |   Pamela P. Freyd, Ph.D.                              |
      |   Richard Green, M.D., J.D., M.R.C.Psych.             |
      |   Elizabeth F. Loftus, Ph.D.                          |
      |   Paul McHugh, M.D.                                   |
      |   Kevin Murphy, J.D.                                  |
      |   Godfey D. Pearlson, M.D.                            |
      |   August T. Piper, Jr., M.D.                          |
      |   Alan Young, Ph.D.                                   |
      |                                                       |
      | COST                                                  |
      |   (US dollars. Price includes domestic shipping.      |
      |   International shipping add $ 5.00)                  |
      | Videotapes - Family Conference                        |
      |   Members         $12.00/tape     $40.00/series       |
      |   Non-Members     $15.00/tape     $50.00/series       |
      | Audiotapes - Professional Conference                  |
      |   These audiotapes are offered for sale               |
      |   as sets only and without editing.                   |
      |   Members         $20.00 per set                      |
      |   Non-Members     $25.00 per set                      |
      | Please allow two to three weeks for delivery.         |
      |   If you have any questions                           |
      |   about your order call Benton 409-565-4480.          |
      |   Make checks payable to FMS Foundation.              |
      | Mail your order to: FMS Video                         |
      |                Rt. 1, Box 510                         |
      |               Burkeville, TX 75932                    |
      |                                                       |
      | Order Form at end.                                    |

                F M S    B U L L E T I N    B O A R D
  (MO) = monthly; (bi-MO) = bi-monthly; (*) = see State Meetings list

                           *STATE MEETINGS*
             Call persons listed for info & registration
                            S. CALIFORNIA
                    July 1 @ 1pm in Thousand Oaks
             Speakers: Pamela Freyd and Eleanor Goldstein
           Cecilia (310) 545-6064 or Carole (805) 967-80085
            The Rutherfords will be speaking in September.
         Please see next month's issue for more information.
                       NORTHERN MOUNTAIN REGION
                    October 18 in Helena, Montana
           Speakers: Pamela Freyd and the Rutherford family
                      Lee & Avone (406) 443-3189
               "Crisis in the Church: Counseling Abuse"
           November 14 & 15 at Rollins College, Winter Park
    John and Nancy (352) 750-5446 or Bob and Janet (813) 856-7091

Contacts & Meetings:

        Bob (907) 586-2469
       (bi-MO) Barbara (602) 924-0975; 854-0404(fax)
  Little Rock
        Al & Lela (501) 363-4368
  Sacramento - (quarterly)
        Joanne & Gerald (916) 933-3655
        Rudy (916)443-4041
  San Fransico & North Bay - (bi-MO)
        Gideon (415) 389-0254 or
        Charles 984-6626(am); 435-9618(pm)
  East Bay Area - (bi-MO)
        Judy (510) 254-2605
  South Bay Area - Last Sat. (bi-MO)
        Jack & Pat (408) 425-1430
        3rd Sat. (bi-MO) @10am
  Los Angeles County
        Cecilia (310) 545-6064
  Central Coast
        Carole (805) 967-8058
  Central Orange County - 1st Fri. (MO) @ 7pm
        Chris & Alan (714) 733-2925
  Orange County - 3rd Sun. (MO) @6pm
        Jerry & Eileen (714) 494-9704
  Covina Area - 1st Mon. (MO) @7:30pm
        Floyd & Libby (818) 330-2321
  San Diego Area  -
        Dee (619) 941-0630
  Denver  - 4th Sat. (MO) @1pm
        Art (303) 572-0407
  S. New England  - (bi-MO) Sept-May
        Earl (203) 329-8365 or
        Paul (203) 458-9173
        Madeline (305) 966-4FMS
  Boca/Delray  - 2nd & 4th Thurs (MO) @1pm
        Helen (407) 498-8684
  Central Florida  - 4th Sun. (MO) @2:30 pm
        John & Nancy (352) 750-5446
  Tampa Bay Area
        Bob & Janet (813) 856-7091
  Atlanta - (quaterly) May 24
        Wallie & Jill (770) 971-8917
  Chicago & Suburbs  - 3rd Sun. (MO)
        Eileen (847) 985-7693
        Bill & Gayle (815) 467-6041
  Rest of Illinois
        Bryant & Lynn (309) 674-2767
  Indiana Assn. for Responsible Mental Health Practices
        Nickie (317) 471-0922; ((fax) 317) 334-9839
        Pat (219) 482-2847
  Des Moines - 2nd Sat. (MO) @11:30 am Lunch
        Betty & Gayle (515) 270-6976
  Kansas City
        Leslie (913) 235-0602 or
        Pat (913) 738-4840
        Jan (816) 931-1340
        Dixie (606) 356-9309
  Louisville- Last Sun. (MO) @ 2pm
        Bob (502) 957-2378
        Francine (318) 457-2022
        Irvine & Arlene (207) 942-8473
  Freeport -  4th Sun. (MO)
        Carolyn  (207) 364-8891
   Ellicot City Area
        Margie (410) 750-8694
        Ron (508) 250-9756
  Grand Rapids Area-Jenison - 1st Mon. (MO)
        Bill & Marge (616) 383-0382
  Greater Detroit Area - 3rd Sun. (MO)
        Nancy (810) 642-8077
        Terry & Collette (507) 642-3630
        Dan & Joan (612) 631-2247
  Kansas City  -  2nd Sun. (MO)
        Leslie (913) 235-0602 or Pat 738-4840
        Jan (816) 931-1340
  St. Louis Area  -  3rd Sun. (MO)
        Karen (314) 432-8789
        Mae (314) 837-1976
    Retractors group also forming
  Springfield - 4th Sat. (MO) @12:30pm
        Dorothy & Pete (417) 882-1821
        Howard (417) 865-6097
        John (352) 750-5446
        Lee & Avone (406) 443-3189
  See Wayne, PA
  Albuquerque  - 1st  Sat. (MO) @1 pm
  Southwest Room -Presbyterian Hospital
        Maggie (505) 662-7521 (after 6:30 pm)
        or Martha 624-0225
  Westchester, Rockland, etc. - (bi-MO)
        Barbara (914) 761-3627
  Upstate/Albany Area  - (bi-MO)
        Elaine (518) 399-5749
  Western/Rochester Area -  (bi-MO)
        George & Eileen (716) 586-7942
  Oklahoma City
        Len (405) 364-4063
        Dee (405) 942-0531
        HJ (405) 755-3816
        Rosemary (405) 439-2459
        Paul & Betty (717) 691-7660
        Rick & Renee (412) 563-5616
        John (717) 278-2040
  Wayne (includes S. NJ) - 2nd Sat. in June @1pm
               (No meeting in July or August)
        Jim & Jo (610) 783-0396
  Wed. (MO) @1pm
        Kate (615) 665-1160
TEXAS -  Houston
        Jo or Beverly (713) 464-8970
        Keith (801) 467-0669
        (bi-MO) Judith (802) 229-5154
        Sue (703) 273-2343
        Pat (304) 291-6448
        Katie & Leo (414) 476-0285
        Susanne & John (608) 427-3686

  Vancouver & Mainland - Last Sat. (MO) @ 1- 4pm
        Ruth (604) 925-1539
  Victoria & Vancouver Island - 3rd Tues. (MO) @7:30pm
        John (250) 721-3219 (note new area code)
        Joan (204) 284-0118
  London -2nd Sun (bi-MO)
        Adriaan (519) 471-6338
        Eileen (613) 836-3294
  Toronto /N. York
        Pat (416) 444-9078
        Ethel (705) 924-2546
        Ken & Marina (905) 637-6030
        Paula (705) 692-0600
        Alain (514) 335-0863
  St. Andre Est.
        Mavis (514) 537-8187
        Irene (03) 9740 6930
  FMS ASSOCIATION fax-(972) 2-259282 or
  Task Force FMS of Werkgroep Fictieve Herinneringen
        Anna (31) 20-693-5692
        Colleen (09) 416-7443
        Ake Moller FAX (48) 431-217-90
  The British False Memory Society
        Roger Scotford (44) 1225 868-682
          Deadline for the July/August Newsletter is Aug 15
      Meeting notices MUST be in writing and should be sent no 
     later than TWO MONTHS PRIOR TO MEETING. You must be a State 
      Contact or GroupLeader to post notices in this section.

|          Do you have access to e-mail?  Send a message to          |
|                                         |
| if  you wish to receive electronic versions of this newsletter and |
| notices of radio and television  broadcasts  about  FMS.  All  the |
| message need say is "add to the FMS-News". You'll also learn about |
| joining  the  FMS-Research list (it distributes research materials |
| such as news stories, court decisions and research  articles).  It |
| would be useful, but not necessary, if you add your full name (all |
| addresses and names will remain strictly confidential).            |
  The False Memory Syndrome Foundation is a qualified 501(c)3 corpora-
tion  with  its  principal offices in Philadelphia and governed by its 
Board of Directors.  While it encourages participation by its  members
in  its  activities,  it must be understood that the Foundation has no 
affiliates and that no other organization or person is  authorized  to
speak for the Foundation without the prior written approval of the Ex-
ecutive Director. All membership dues and contributions to the Founda-
tion must be forwarded to the Foundation for its disposition.

Pamela Freyd, Ph.D.,  Executive Director

FMSF Scientific and Professional  Advisory Board,        July 1, 1997:
AARON T. BECK, M.D., D.M.S., University of Pennsylvania, Philadelphia,
PA;  TERENCE W.  CAMPBELL,  Ph.D.,  Clinical and Forensic  Psychology,
Sterling Heights,  MI; ROSALIND CARTWRIGHT,  Ph.D., Rush  Presbyterian
St. Lukes Medical Center, Chicago, IL; JEAN CHAPMAN, Ph.D., University
of   Wisconsin, Madison,  WI;    LOREN CHAPMAN,  Ph.D.,  University of
Wisconsin, Madison, WI;    FREDERICK C.  CREWS,   Ph.D., University of
California, Berkeley,   CA; ROBYN M.    DAWES,  Ph.D., Carnegie Mellon
University,  Pittsburgh,  PA; DAVID F.   DINGES,  Ph.D., University of
Pennsylvania, Philadelphia, PA; HENRY C.   ELLIS, Ph.D., University of
New Mexico, Albuquerque, NM; GEORGE K. GANAWAY, M.D., Emory University
of Medicine, Atlanta,  GA; MARTIN GARDNER, Author,  Hendersonville, NC
ROCHEL GELMAN, Ph.D., University of California, Los Angeles, CA; HENRY
GLEITMAN, Ph.D., University   of Pennsylvania, Philadelphia,  PA; LILA
GLEITMAN, Ph.D., University of Pennsylvania, Philadelphia, PA; RICHARD
GREEN, M.D., J.D., Charing Cross  Hospital, London; DAVID A. HALPERIN,
M.D., Mount Sinai School  of Medicine, New  York, NY; ERNEST  HILGARD,
Ph.D., Stanford  University, Palo Alto, CA;   JOHN HOCHMAN, M.D., UCLA
Medical School, Los Angeles, CA; DAVID S. HOLMES, Ph.D., University of
Kansas, Lawrence, KS; PHILIP  S.  HOLZMAN, Ph.D., Harvard  University,
Cambridge,   MA; ROBERT A.  KARLIN,  Ph.D.   , Rutgers University, New
Brunswick,  NJ;   HAROLD  LIEF,  M.D.,  University    of Pennsylvania,
Philadelphia, PA; ELIZABETH  LOFTUS, Ph.D., University  of Washington,
Seattle,   WA; SUSAN L.   McELROY,  M.D.   , University of Cincinnati,
Cincinnati,   OH;  PAUL    McHUGH,  M.D.,   Johns  Hopkins University,
Baltimore, MD;  HAROLD  MERSKEY, D.M., University  of Western Ontario,
London, Canada;  SPENCER  HARRIS  MORFIT, Author, Boxboro,   MA; ULRIC
NEISSER, Ph.D.,  Emory University, Atlanta,  GA; RICHARD OFSHE, Ph.D.,
University  of  California, Berkeley,  CA;   EMILY CAROTA ORNE,  B.A.,
University  of Pennsylvania,   Philadelphia, PA;  MARTIN  ORNE,  M.D.,
Ph.D., University  of Pennsylvania,  Philadelphia, PA; LOREN PANKRATZ,
Ph.D.,   Oregon  Health Sciences  University,  Portland,  OR; CAMPBELL
PERRY,  Ph.D.,  Concordia   University, Montreal,  Canada;  MICHAEL A.
PERSINGER, Ph.D.,  Laurentian University,  Ontario, Canada;  AUGUST T.
PIPER, Jr.,   M.D., Seattle, WA;  HARRISON   POPE, Jr.,  M.D., Harvard
Medical  School,  Boston,  MA;  JAMES   RANDI,  Author and   Magician,
Plantation,   FL; HENRY L.    ROEDIGER,  III, Ph.D.  ,Rice University,
Houston,  TX; CAROLYN  SAARI, Ph.D., Loyola   University, Chicago, IL;
THEODORE   SARBIN, Ph.D., University of    California, Santa Cruz, CA;
THOMAS A.  SEBEOK, Ph.D., Indiana University, Bloomington, IN; MICHAEL
A.    SIMPSON,  M.R.C.S.,   L.R.C.P.,   M.R.C,   D.O.M., Center    for
Psychosocial &   Traumatic Stress,  Pretoria, South   Africa; MARGARET
SINGER, Ph.D., University of California, Berkeley, CA; RALPH SLOVENKO,
J.D.,  Ph.D., Wayne State University   Law School, Detroit, MI; DONALD
SPENCE, Ph.D.,  Robert Wood  Johnson  Medical Center,  Piscataway, NJ;
JEFFREY VICTOR,  Ph.D.,  Jamestown Community  College, Jamestown,  NY;
HOLLIDA   WAKEFIELD,  M.A.,   Institute   of Psychological  Therapies,
Northfield, MN; CHARLES A. WEAVER, III, Ph.D. Baylor University, Waco,

   Y E A R L Y   FMSF   M E M B E R S H I P   I N F O R M A T I O N
Professional - Includes Newsletter       $125_______

Family - Includes Newsletter             $100_______

                       Additional Contribution:_____________


___VISA:  Card: #________-________-________-________ exp. date ___/___

___MASTER CARD: #________-________-________-________ exp. date ___/___

___Check or Money Order: Payable to FMS FOUNDATION IN U.S. DOLLARS.



Street Address or P.O.Box

City                                 State         Zip+4

Telephone                           FAX

                     F M S   F O U N D A T I O N   
        C O N F E R E N C E   T A P E S   O R D E R   F O R M

Mail Order To:
  FMSF Video
  Rt. 1 Box 510
  Burkeville, TX 75932

                                   DATE:   /   /

Ordered By:                        Ship to:

Videotapes are available for the familiy conference,
        "MEMORY AND REALITY: NEXT STEPS," held March 22 and 23, 1997
Audiotapes of teh professional conference, 
           PRACTICE," on March 21, 1997 are also available.

Please type or print information:
| QUAN- |   #  |            DESCRIPTION             | UNIT  | AMOUNT |
|  TITY |      |                                    | PRICE |        |
|       | V222 | Welcome, Making a Difference,      |       |        |
|       |      |  What We Still Need to Know        |       |        |
|       | V223 | The Foundation as Friend of the    |       |        |
|       |      |  Court, Families and Courts, Panel |       |        |
|       | V224 | Helping Families is to Help        |       |        |
|       |      |  Everyone, Family Panel            |       |        |
|       | V225 | Reforming the Mental Health        |       |        |
|       |      |  System, Closing Remarks           |       |        |
|       | Set  | Set includes one of                |       |        |
|       |      |   (222, 223, 224, 225)             |       |        |
|       | A310 | Set of seven audiotapes from the   |       |        |
|       |      |  professional conference           |       |        |
                                                   SUBTOTAL |        |
                                                            |        |
                                    ADDITIONAL CONTRIBUTION |        |
                                                            |        |
                                                  TOTAL DUE |        |
                                                            |        |

Cost of tapes:
  FMSF Member - Single Tape  $12.00, Set $40.00
   Non-member - Single Tape  $15.00, Set $50.00

    Price includes shipping - allow two to thee weeks for delivery

The video tapes, which were not recorded by FMS Video, have some flaws
that could not be corrected by editing. You may experience problems
such as short periods where their is no sound and the camera is out of
focus or did not tape the speaker. Some of the slides of the presenters
were not available for dubbing.

The audio tapes are being offered for sale without editing.

Made all checks payable to FMS Foundation. If you have any questions
concerning this order, call Benton, 409-565-4480.

The tax deductible portion of your contribution is the excess of goods
and services provided.

                     THANK YOU FOR YOUR INTEREST