FMSF NEWSLETTER ARCHIVE - June 1999 - Vol. 8, No. 4, HTML version


Return to FMSF Home Page

**********************************************************************
F M S   F O U N D A T I O N   N E W S L E T T E R     (e-mail edition)
June 1999  Vol. 8  No. 4
**********************************************************************
ISSN #1069-0484.           Copyright (c) 1998  by  the  FMS Foundation
**********************************************************************
    The FMSF Newsletter  is published 8 times a year by the  False
    Memory  Syndrome  Foundation.  A hard-copy subscription is in-
    cluded in membership fees (to join, see last page). Others may
    subscribe  by  sending  a  check  or  money  order, payable to 
    FMS Foundation, to the address below. 1999 subscription rates:
    USA:  $30,  Student  $15;  Canada:  $35,  Student $20 (in U.S. 
    dollars); Foreign: $40, Student  $20; Single issue price:  $3. 
    3401  Market  Street  suite  130,  Philadelphia, PA 19104-3315

This address and the phone numbers have changed as of July 15, 2000
                 Phone 215-387-1865, Fax 215-387-1917
**********************************************************************
IN THIS ISSUE:
    Feld
        McKelvey                         The next issue will
            Legal Corner                       combine
                David                      July and August
                    From Our Readers
                        Bulletin Board
**********************************************************************
Dear Friends,

    Chapter by chapter the FMS story continues to play out-both at the
national level and on the personal level. On the one hand, the
recovered memory fad appears in some ways to be waning; but on the
other hand, too many professionals still doggedly persist in believing
the accuracy and reliability of recovered memories without seeking
external corroboration. Since the roots that shape these beliefs are
deep and strong, a revival of the false memory crisis cannot be
dismissed.
    The crisis was at its height when the Foundation was formed in
1992. There were no serious organized challenges to the constellation
of erroneous beliefs associated with the recovered memories: sexual
trauma is often repressed; therapists know how to recover repressed
memories of abuse; there are specific behaviors (over 700 hundred)
that are signs of past abuse; denial is proof of guilt; and patients
must to cut off from all who refuse to validate their new-found
memories.
    While those notions have now been addressed, more work has to be
done on the last. It is the cutting off that has been most painful and
frustrating to the families.
    Until members of families talk to each other in a mature and
respectful manner, they cannot reconcile. Most families were torn
apart through the influence of external forces, and families report to
us that a variety of external forces served a role in bringing them
back together. Sometimes those forces are books or media events. Very
often the forces are people and what they say.
    For example, we reported some time ago about the person who
returned to her family when she was told by a professional that "You
will never be all that you can until you resolve things with your
family."
    This past month, we received a letter from a mother who told us
that her daughter returned to the family because of what she heard at
an Al-anon meeting. "There," she told her mother, "nobody gave advice
except to tell you it doesn't matter what all has been done to you, or
what your situation is. Your job is not to find whom to blame, but to
decide what you can do about what is happening around you." The
daughter said this emphasis on personal responsibility and taking
charge of her own attitudes and actions was what brought her around to
seeing that blaming her parents was not helpful for her own
healing. The mother wrote that some time later her daughter began
wondering whether she even had anything to blame her parents for.
    On page 17 is a letter from another mother who writes about the
things that she did to try to keep communication open. But in her
opinion, a key factor in that successful situation was the accusing
daughter's mother-in-law (not accused) who worked to bring the family
together.
    Not all families are lucky enough to have a caring in-law or a
concerned sibling acting as an agent of reconciliation. Not all
accusers are lucky enough to join a group or read a book that has a
positive influence and motivates them toward reconciliation. Much of
this is chance.
    It seems obvious that if more professionals tried to dispel some
of the erroneous notions associated with recovered memories, and if
more clinicians advised their patients to maintain family ties or to
re-connect with family, these actions would have a dramatic impact.
And if the professional organizations were to address the topic of
family reconciliation directly, they would surely hasten the end of
the tragic legacy of the recovered memory movement. What could
possibly be the reason for not encouraging people to talk to each
other as a way to solve their differences?
    Debbie David, a retractor from California, has written a moving
tribute to Rudy Laubscher, an accused father who died last month
before there was any contact from his children. (See page 15) No one
worked harder than Rudy to try to establish some sort of contact with
his accusing daughter, a medical doctor. He sent post cards, he sent
family pictures, he sent news of what was taking place, but to no
avail.
    We have not written about it much, but notices of death have
become a regular part of our mail. Maybe we did not write about it
because it is so sad and tears do not mix well with computers, maybe
because the topic is so emotionally wrenching. But we know very well
that death before family reconciliation is an intimate concern and
experience of most FMS families.
    It is almost certain that we will see the deaths of many more
parents before reconciliation has had even a chance to begin. After
years of torment, the parents will, we hope, have peace; for the
accusers, however, the torment is likely just beginning. Their
opportunity to make amends is gone forever: death is final. When
people in their 70s and 80s are targeted for the kind of prejudice
that accompanies an accusation of sexual abuse, it is a certainty that
many will die before the accusation is resolved unless there is
active, forceful help.
    What was missing for Rudy, just as it is missing for thousands of
other families, is some professional or family member or friend who
might have intervened with a reminder of simple common sense and good
manners. Blaming others is not a mature way to solve problems. Making
an accusation and then running away and hiding is not a mature way to
address problems.
    The Foundation has worked to educate professionals, the media and
the public about recovered memories in the belief that there would
then be more people in our society who understood the situation. If
families could not talk directly to their children, then articles,
television shows and books might provide the needed information about
memory to inspire some critical thinking. That has worked for many
families, but obviously not for enough.
    We need to redouble our educational efforts and our requests for
help with reconciliation. If your own family situation is resolved,
you may now be in an excellent position to educate others and thus
help families in need. Time is of the essence. Distributing the new
"Recovered Memories: Are They Reliable?" pamphlet is a good way to
educate. In fact, some of the groups to whom you have given these
pamphlets in the past few months have since contacted the Foundation
themselves and asked for more. Information can build on itself. This
is something in which every member of the Foundation can participate.
In so doing we help others while also helping ourselves.
                                                                PAMELA

          +------------------------------------------------+
          |             HAVE YOU WRITTEN YET?              |
          |                                                |
          |        American Psychiatric Association        |
          |     Steven Mirin, M.D., Executive Director     |
          |   1400 K Street NW, Washington, DC 20005       |
          |                                                |
          |       American Psychological Association       |
          | Raymond Fowler, Ph.D., Chief Executive Officer |
          |      750 1st St. NE, Washington, DC 20002      |
          |                                                |
          |     National Association of Social Workers     |
          |  Josephine Nieves, Ph.D., Executive Director   |
          |      750 1st St. NE, Washington, DC 20002      |
          +------------------------------------------------+

**********************************************************************
                       NEWS FLASH May 25, 1999
                                                                  
Joel Hungerford has settled his lawsuit against his daughter's
therapist, Susan L. Jones of Chevy Chase, MD. The settlement amount
was the maximum limit allowed by Jones's insurance. Full details in
the next issue.

        +----------------------------------------------------+
        |                   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, Janet   |
        |           Fetkewicz, Howard Fishman, Peter Freyd   |
        |  RESEARCH: Michele Gregg, Anita Lipton             |
        |  COLUMNISTS: August Piper, Jr. and members         |
        |           of the FMSF Scientific Advisory Board    |
        |  LETTERS and INFORMATION: Our Readers              |
        +----------------------------------------------------+

**********************************************************************

                 THOUGHTS ON THE FALSE MEMORY CRISIS
                              Allen Feld

No societal or individual crisis remains static; rather, crises seem
to develop a natural fluidity. I recall a professor saying a while
back something like: "People can't stay in crisis." If families
reading this would review the ebb and flow of their own situation,
they can attest to what extent, if any, that professor's thinking
applies to their experience.
    Crises by their very nature cause pain, and when a crisis first
surfaces the shock may often seem to partially or temporarily
immobilize those who are facing it. But that shock and the crisis
itself may also simultaneously create the stimulus and become the
source of a call for action. This seems somewhat like the conditions
that led to the creation of the False Memory Syndrome Foundation. Some
families who knew they were falsely accused of incest by adult
offspring joined with researchers, therapists and academics to create
the FMSF. The professionals, coupling their life-long research,
scientific knowledge of memory, recognition of the powerful influence
of therapeutic suggestibility, and the misuse and misunderstanding of
hypnotic-like techniques in therapy with their strong sense of decency
and social justice, displayed the courage to confront this exploding
societal problem. FMSF had the makings of a dynamic coalition --
researchers, academics, therapists, authors and affected families. The
originating group came together and merged their professional
expertise with the personal interests of families.
    At this time, the conditions seemed ripe for this crisis to grow.
A very legitimate problem of child abuse was becoming increasingly
public; domestic violence was no longer hidden and was recognized as
being without boundaries of class, economics, race, political
affiliation or religion; our society seemed to embrace the notion that
therapists could determine causation of personal problems, and that
all problems can be "fixed"; courts had become more accepted as a
mechanism to address personal grievances; the women's movement had
sensitized society to what some describe as the historical
maltreatment of women as a group. State legislatures and the federal
government, slowly at first, began to address some of these
over-lapping concerns.
    The societal crisis was marked by a series of successful lawsuits
by adults against their parents. The allegations typically stated that
that these adults were sexually abused as children, but only recently
became aware of the abuse. There were also some successful criminal
prosecutions based on what became known as "recovered memories."
    The abating of this particular societal crisis might be directly
related to the significant number of books and journal articles that
more accurately described how memory works and that questioned the
scientific validity of repression and the treatment methods. Also of
importance were the more recent outcomes in litigation, the dramatic
drop in new lawsuits that parents were required to defend, and a
series of appellate decisions and positive results by retractors
against their former therapists.
    The changes in personal crises may be harder to depict than
societal crises, because they vary from family to family. For some, it
might have been a retraction and family reunification of some sort;
for others, it might have been reunification without a retraction; for
many, it was a decision to move on with their lives; for some, a
decision to go public or become active; for others, a thanks to FMSF,
saying their reconciliation or their ability to live with the
accusations could not happened without FMSF; still others combined
their appreciation notes with a request to be removed from the roles
so that they could forget (Newsletter readers might have seen letters
like this in previous issues.) A very few have said they lost hope in
reunification and some even said that they did not need, did not want
or would not accept a retraction or reunification. There are no doubt
other factors, and often a combination of these exist. I believe most
families have learned to live with the severe family disruption
created by false accusations. They seem to embody the belief that they
will not "wallow" in things they can not control. This does not mean
they are necessarily satisfied with the situation, but they report
pleasure and happiness in other important aspects of their lives.
    The societal crisis is obviously abating. I conclude that personal
crises are also on the wane. For me, how the false accusations have
been handled by so many is evidence of the remarkable resiliency of
FMSF families.

  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 University in Pennsylvania.

 ______________________________SIDEBAR_______________________________
/                                                                    \
|                        THERAPY'S DELUSIONS:                        |
|                  THE MYTH OF THE UNCONSCIOUS AND                   |
|            THE EXPLOITATION OF TODAY'S WALKING WORRIED.            |
|                  Ethan Watters and Richard Ofshe                   |
|                 Scribner  1999  ISBN 0-684-83584-3                 |
|                     287 pages  $25.00 hardback                     |
|                                                                    |
| This new book by the authors of "Making Monsters" reveals how talk |
| therapy has masquaraded as a scientific discipline. It is a        |
| powerful call for reforming the mental health profession.          |
|                                See:                                |
|           www.chordate.com/therapys_delusions/index.html           |
\____________________________________________________________________/

**********************************************************************
                    Trying to Save a Sinking Ship
                              FMSF Staff

A deluge of new books has come to our attention; so many, in fact,
that it has become hard to find the time to read them all. Two recent
books, written from a perspective different from that of the
Foundation, merit brief discussion because they represent a trend that
we've observed in how false memory syndrome is now being addressed,
particularly by those who are desperately trying to keep the Freudian
ethos afloat.
    I Never Told Anyone This Before, Managing the Initial Disclosure
of Sexual Abuse Re-Collections, by Janice Gasker, D.S.W., (Haworth
Press, 1999) focuses on the initial disclosure of abuse in therapy.
Gasker defines "re-collections" as "constructed accounts of personal
experiences."
    She addresses the false memory syndrome issue right from the
start, agreeing that current cognitive science literature supports the
potential for developing false memories. She also reports on Loftus'
"misinformation effect," and studies showing the effect of suggestion
on implanting false memories. Lest you think that this book takes a
more scientific approach to recovered memories, the following quote
appears on page 4: "Note that the historical accuracy of traumatic
memories is all but irrelevant here."
    Many of her sources are dated, given the recent studies done on
memory. She uses the work of Freud to claim that traumatic memories
are historically accurate and able to be retrieved in
psychoanalytically-oriented therapy.  She reports on a first-time
disclosure in the group setting, but the group was a group for
survivors of sexual abuse and no mention was made of the possibility
of contagion.
    Gasker stresses the importance of validating a client's
re-collections of trauma, and of not investigating. No mention was
made of reactions other than validating or investigating that a
therapist might utilize. But on the positive side, she is concerned
about the possibility of implanting memories and the potential for
false memory syndrome. Perhaps most encouraging is her view that a
therapist who supports a client's estrangement from family members
does so at the client's peril.
    Breaking the Silence by Judith A. Margolin, Psy.D., (Haworth
Press, 1999) describes a concise step-by-step 15-week therapy program
for survivors of childhood sexual abuse.  Margolin believes that
participation in group therapy is essential in any treatment program
for trauma victims. She uses guided imagery exercises to enable the
client "to create a safe place in his/her mind, in which he/she can
then more easily explore traumatic memories." But guided imagery is a
suggestive technique with the potential for creating false memories.
She also espouses the idea that emotions related to trauma may occur
through a different memory, which she says may explain body memories
and flashbacks. She presents nothing in the way of reputable research
to support this hypothesis. She too cites dated studies, and includes
quotes from Bass and Davis in The Courage to Heal (1988).
    Session # 8 (of 15) consists of "Processing of Memories," and it
is here that Margolin discusses the controversy over recalled
memories. She quotes Loftus, as well as Pope & Brown and Ross on the
reconstructive nature of memory, but also states that memories of
emotional events have been described as accurate, detailed and without
error. She notes in a non-political way that implanting false memories
has been a concern since the founding of the False Memory Syndrome
Foundation. But she uses sources antagonistic to the Foundation to
support her contention that memories of trauma are less susceptible to
suggestion and therefore more reliable. She does mention that
multisource corroboration, videotaping and mirroring what the client
has stated as techniques that are useful to avoid suggestion.
    But also mentioned are techniques for retrieving memories,
techniques that are known to produce inaccurate memories. What it
ultimately comes down to, Margolin says, is that disbelieving a client
may cause continued harm. Again, no mention was made of options other
than belief or disbelief.
    It is certainly refreshing to see that many of the new
professional books on the treatment of victims of sexual abuse now
mention false memory syndrome and issue caveats about the creation of
false memories. Indeed, even though many erroneous beliefs still
prevail, there now seems to be general agreement that memory is
reconstructive, and as such, prone to historical inaccuracy.
    We do not wish to seem overly cynical, but it seems evident that
reason has not overcome intuition in the minds of these authors. It
seems as though they are trying to coopt legitimate science to support
their unscientific theories.

 ______________________________SIDEBAR_______________________________
/                                                                    \
| The diagnosis of child sexual abuse offered to a physician solely  |
| or primarily on the basis of projective tests, art therapy         |
| products, or sand play should lead the physician to suspect that   |
| the person proffering the opinion is ignorant of the clinical and  |
| scientific literature, biased, or practicing out of their field of |
| competence. An appeal to the person's experience in interpreting   |
| such material should confirm the suspicion.                        |
|                                          Richard D. Wetzel, Ph.D.  |
|                                   p 36  Assessment and Evaluation  |
|                  Mosby's Neurology Psychiatry Access Series, 1996  |
|                            Washington University Adult Psychiatry  |
|                                        Samuel B. Guze, MD, Editor  |
|                                 Ronald B David, MD, Series Editor  |
\____________________________________________________________________/

**********************************************************************
                  VALIDATION: IS IT GOOD COUNSELING?
                              Allen Feld

Because of our society's history of ignoring child abuse, there is
legitimate concern that those who have experienced abuse would not be
believed. Many argue that disbelieving a client who truly has been
abused is comparable to re-abusing the client. This may be.
    I'll set aside what I believe is a substantive theoretical
counseling concern inherent in the call for validation. Some may even
challenge if "validating" is an appropriate counseling activity, if it
is consistent with acceptable counseling theory and even if it is
beneficial to clients. BE CAREFUL! Don't leap to the wrong
conclusions. This skepticism definitely does not mean that counselors
should invalidate the experience or that expressing belief in the
abuse story should never be communicated. Unfortunately, some
counselors frequently seem to reach those kinds of conclusions that
may serve their political interest.
    Believing that a client has been abused has become enmeshed and
confused with a notion of "validating" the abuse experience and, at
times, the client. Often the many therapists and authors who write and
speak about "validating" fail to define what they mean by
"validating." The reader is left with the impression that "validating"
is equivalent to believing.
    New beliefs of abuse, the focus of this essay, present another
troubling aspect of "validating." If "validating" and believing are
used interchangeably, even if only by the client, a reasonable
conclusion seems to be that a client might be placed at greater
long-term risk by a premature and inaccurate belief (or, validation)
expressed by a therapist than by a neutral counseling posture. Without
corroboration, the therapist or the client cannot know if that new
belief is historically accurate. Verification can be seen as reality
testing -- a practice often used by therapists. Allowing a client to
hear that a therapist believes the abuse actually happened, when there
is no verification, may harden the client's belief and create a false
reality. What then is the potential harm to the client?
    Finally, life seems to have conditioned many of us to presuming
questions have only "yes" or "no" answers. What about: "I don't know."
or "Let's try to find out." or, "It may be!" There are numerous other
possibilities. So too are there alternatives to "validating" or "not
validating." Counselors should be expected to recognize this.
    As a student, I was exposed to a concept that may be relevant --
"acceptance." It was used in a neutral fashion. Among other things,
to me the notion of acceptance incorporated the fact that a therapist
would never know the veracity of a client's situation merely from
interviewing the client. Neither was the therapist required nor
expected to sit in judgment of the client or her story. Acceptance
didn't have to do with "belief" or "disbelief;" condemning or
condoning were eschewed; it placed an expectation on the therapist to
avoid, if at all possible, value judgments. It may be time to revert
to that concept, regardless of the term that is used.

 ______________________________SIDEBAR_______________________________
/                                                                    \
|          MY EXPERIENCE WITH MULTIPLE PERSONALITY DISORDER          |
|                         by  Gail Macdonald                         |
|                                                                    |
|                    Laurentian University Press                     |
|                        935 Ramsey Lake Road                        |
|                        Sudbury, ON, P3E 2C6                        |
|                       Phone: (705) 675-1151                        |
|                             April 1999                             |
|                ISBN # 0-88667-045-4 129 pages $9.95                |
|                                                                    |
| In the early 90s, the Ontario Government sponsored the training of |
| therapists in recognizing and treating "multiple personality       |
| disorder" (MPD). The number of therapists estimated to be trained  |
| varies widely, from several hundred to a couple of thousand. One   |
| of the trainees was a social worker from California, who hung his  |
| shingle in a small Ontario town. Gail, a recovering drug and       |
| alcohol addict, had been his client before he took his MPD         |
| training, and she was well on her way to regaining her long-lost   |
| self-esteem. After the indoctrination in spotting MPD, her         |
| therapist's modus operandi drastically changed. Soon after, most   |
| of his clients started to exhibit signs of MPD.                    |
\____________________________________________________________________/

**********************************************************************
                             BOOK REVIEW
                        Madness on the Couch:
          Blaming the Victim in the Heyday of Psychoanalysis
                          By Edward Dolnick
                     Simon & Schuster, 1998, $25
                      Reviewer: Robert McKelvey

"Never in the history of science has someone who was so wrong become
so influential," writes Michael Shermer. "It never ceases to amaze
me."
    Shermer, editor of Skeptic Magazine, lecturer and author, was
describing Sigmund Freud and his impact on the entire field of mental
health treatment in the 20th Century. In Madness on the Couch, Edward
Dolnick agrees that the influence of Freud and his disciples was
amazing -- and wholly undeserved.
    Using his skills as a journalist and researcher, Dolnick strips
away the mystery of Freud's magic. He assesses the record of
psychoanalysis in treating mental illness, and answers the nagging
question: How did Freud convince millions that he and his followers
were mighty scientific hunters armed with the ability to prowl the
jungles of the subconscious in search of the cure for mental illness?
    To Dolnick the answer is fairly straightforward: Freud was the
right man at the right time.
    The author explains that biological explanations of mental
disorders prevailed among psychiatrists for scores of years, well into
the 20th Century, without producing any hoped-for results. By the
early 20th Century, Americans were ready for a new approach. They got
it from psychoanalysts. These Freudian disciples (the master died in
1939) rushed forward to declare that mental illness was the result of
bad behavior, not bad genes (nurture, not nature). And they could cure
these illnesses with their brand of talk therapy.
    Dolnick devotes much of his book to describing Freudian attempts
to cure three disorders: schizophrenia, autism, and obsessive-
compulsive behavior. In all three areas the proponents of talk
therapy blamed parents in general and mothers in particular for the
mental aberrations of their sons and daughters. "It is the subtly
dominating mother who appears to be particularly dangerous to the
child," trumpeted one prominent Freudian analyst. Others denounced
mothers as "guileful and potentially deceitful," "Machiavellian," and
"self-indulgent."
    Such egregious parent-bashing filled the pages of 75 psychiatric
papers written between the late 1940s and the early 1970s. During that
period, only one psychiatrist had the temerity to cast any doubt on
the widely-held notion that Moms cause schizophrenia in their
offspring. How wrong can well-educated people be?
    What brought this sorry chapter in the history of mental treatment
to a close was not second thoughts on the part of the believers in
talk therapy -- Saul did not turn into Paul. It ended only after the
introduction of new drug treatments (20 million patients now take
Prozac), and a few well-placed lawsuits. The pendulum, writes Dolnick,
has swung back. Today, he says, most psychiatrists believe mental
illnesses are caused by biological factors, not emotional ones. Once
again, nature reigns over nurture.
    Dolnick saves his most persuasive argument for his concluding
chapter, in which he raises the question: Where did the psychoanalysts
and other Freudian followers go astray? His answer: in medicine and
science.
    "It's the easiest thing in the world to come up with an
hypothesis," explains psychiatrist Donald Klein. "Any fool can do
it. The question is whether there's any evidence to substantiate it."
    Richard Feynman, one of the most brilliant physicists of the
modern era, offered a simple principle: "The test of all knowledge is
experiment." Freudians paid no heed. After all they had their grand
hypothesis -- and damn the nay-sayers.
    They also had their hubris. And it was this arrogant belief in
their own infallibility that brought their world tumbling down.
    Take the example of Bonnie Burke, whose physical condition slowly
disintegrated until she could no longer walk. During this 12-year
span, her analyst treated her for "hysterical neurosis." When she no
longer could even keep her eyelids from drooping, Ms. Burke sought the
aid of an eye doctor. At once he suspected myasthenia gravis. A visit
to a specialist confirmed it. He treated Ms. Burke with a drug called
Tensilon, which relieved her symptoms and restored her to a normal
life. "It was like a miracle," said the patient. Ms. Burke's
psychiatrist had scorned the scientific method and relied on his
interpretive therapy. His patient had paid a painful price for his
arrogance.
    Although Dolnick doubts that psychology ever again could take over
the mental health field unchallenged, he expresses the belief that
biology and psychology can somehow team up for the betterment of
medicine.
    Many of us who came to grief through repressed memory theory are
less sanguine. Although vanquished in the field of mental illness,
where medication carried the day, talk therapists continue to thrive
in the treatment of the "worried well." Having lost the head-on battle
in one area, these latter-day Freudian warriors simply switched to
using guerilla war tactics in the less well-defined redoubts of
emotional illnesses. Here they still wage campaigns to unearth
repressed memories, multiple personalities, and satanic ritual
abuse. In so doing, they violate the first rule of medicine: Do no
harm.
    Many of us applaud Dolnick and others for stripping Emperor Freud
of his theoretical robes -- Oedipus and castration complexes, penis
envy, female hysteria, masturbation dangers, dream interpretation, and
seduction theory.
    Still, the old boy may have been right about one thing. While
discussing Dr. Freud the other day, I inadvertently called him Dr.
Fraud. For sure a Freudian slip.

  Robert McKelvey was a reporter for the Detroit Free Press for 21
  years and Book Editor for 4 years. He also worked for 9 years at the
  Detroit News and for 3 at the Toledo Blade.

 ______________________________SIDEBAR_______________________________
/                                                                    \
| "I wish I had more time to see this through, to see those from     |
| Wenatchee, the innocent people wrongly imprisoned, freed from      |
| their cells. There are others who have a responsibility to do      |
| something, but who stand silent. Our governor still turns his      |
| head. Janet Reno looks the other way. The legislature does a       |
| little, but not enough. Wenatchee can happen again in this state   |
| unless the citizens and the government voice their outrage."       |
|                                                                    |
| -- Juana Vasquez, a former Washington state social worker, was one |
| of the very few public officials who challenged the sexual abuse   |
| charges against Wenatchee families in the 1980's. She was fired    |
| from her job because of her stance and last year was awarded $1.57 |
| million in a civil suit filed against DSHS for wrongful            |
| termination and retaliation. Before she died April 29, 1999 at age |
| 48 she said she hoped that good people would not remain silent to  |
| injustice.                                                         |
\____________________________________________________________________/

**********************************************************************
                            ARTICLE REVIEW
         The Bankruptcy of the Argument "It's in the DSM-IV"
                         Campbell, Terence W.
         "Challenging the Evidentiary Reliability of DSM-IV."
        American Journal of Forensic Psychology. 17-1,  47-67.

Terry Campbell uses his forensic and clinical experience, knowledge of
the research, analytical skills and strong commitment to ethical
practice to detail the legal deficiencies of DSM-IV. He delineates the
lack of scientific support for the DSM-IV and explains why it fails to
meet the required legal standard for expert testimony established by
the Daubert decision. He concludes his well-reasoned treatise with a
98-question strategy for attorneys to consider using in cross-
examining mental health professionals who invoke DSM-IV to support
their expert testimony.
    Campbell summarizes the scientific shortcomings by calling the
readers' attention to several important facts: inter-rater reliability
is not found in DSM-IV; diagnoses rely heavily on clinical judgment
(which is often shown to be subjective); the accelerated rate with
which the American Psychiatric Association has updated DSM manuals and
increased the number of diagnoses; the DSM-IV's very own words that
the manual "provides no adequate definition of mental disorder." The
brief discussion of research showing the speed with which clinicians
make diagnoses and the inaccuracies that persist make for additional
interesting reading.
    Campbell's principled discourse calls for forensic psychologists
to meet their ethical obligation to the courts by identifying the
severe forensic limitations of the DSM-IV. It may seem appropriate to
question whether the DSM-IV might have similar clinical limitations.

 ______________________________SIDEBAR_______________________________
/                                                                    \
|              FREUD'S FRAUDULENT STORIES OF SEDUCTION               |
|                                                                    |
| According to psychoanalytic history many of Freud's women patients |
| in the 1890s reported having been "seduced" by their fathers, and  |
| his recognition that most of these reports were fantasies led to   |
| the momentous discovery of infantile fantasies-Oedipal desires and |
| all the rest. Not so, says Jeffrey Masson: Freud's change of mind  |
| about the reports of childhood sexual abuse was a disreputable     |
| betrayal of his abused female patients. But the evidence of the    |
| original documents reveals that both accounts are wrong: it was    |
| Freud himself who insisted that the patients had been sexually     |
| molested in infancy in the face of the disbelief of his patients.  |
|     If you want to separate fact from fiction, visit the Seduction |
| Theory web site:                                                   |
|       http://www.shef.ac.uk/uni/projects/gpp/aesterson.html        |
\____________________________________________________________________/

**********************************************************************
                       L E G A L   C O R N E R
                              FMSF Staff
       _______________________________________________________
       Malpractice Suits Claiming Suggestion of False Memories
The FMS Foundation is aware of 158 malpractice lawsuits filed by
individuals who say their former treating therapist(s) encouraged,
suggested, and/or reinforced false images of childhood sexual
abuse.[1] Seventy-six of these cases were settled out of court. Twelve
went to trial with 9 ending in a verdict in favor of the plaintiff and
3 ending in defense verdicts. Two were dropped by the plaintiff and
three were dismissed by the trial court. Sixty-five suits are still
open and pending. Some of the cases which were resolved recently are
reported below.

[1] An additional 72 individuals have informed the FMSF that they were
    consulting attorneys about a possible cause of action against
    their former therapists for improperly using suggestive techniques
    leading to the implantation of false memories.
                _____________________________________
                State Pays to Settle Malpractice Suit
                   Against Wisconsin Psychologist,
            Burgess v. Western World Insurance Co., Inc.,
            Burgoyne, River Valley Psychological Services,
        Circuit Ct., Pierce Co., Wisconsin, No. 97-CV-202.[2]
The State of Wisconsin has paid $650,000 to settle a lawsuit against a
psychologist who treated three former University of Wisconsin-River
Falls undergraduate students at the university counseling center and
falsely led them to believe they were victims of "unremembered" sexual
abuse. The company that insured Karen Burgoyne, the defendant
psychologist, also paid to settle the case. The full amount of the
settlement is confidential. Between 1992 and 1996, Burgoyne provided
therapy through her own private practice and at the university
counseling center to the students. The complaint alleges that Burgoyne
encouraged the three young women to believe falsely they were victims
of sexual abuse and told them to cut ties with their families. The
suit also says Burgoyne told others, either in writing or orally, that
one of the women's father had physically and sexually abused his
daughter. The father is also named as plaintiff in the suit. The
complaint, filed in May 1998, states that Burgoyne misdiagnosed MPD in
two of the college students.

    The case settled within a week of the scheduled beginning of trial
on April 4th. In documents filed with the court, Burgoyne has denied
the allegations. Attorney for the plaintiffs, James Kroner, of La
Crosse Wisconsin, said that his clients are satisfied with their
settlement. The plaintiffs are also represented by R. Christopher
Barden.

[2] See FMSF Brief Bank #215; Wiff, J. (2/4/99) "Malpractice suit
    settled; 8-week jury trial cancelled," River Falls Journal, A-13.
           _______________________________________________
           Nine Malpractice Lawsuits Filed in Pennsylvania
              Against Genesis Associates Are Settled [3]
On April 5, nine civil lawsuits against Genesis Associates, a
controversial therapy center, and its two founders, psychologist
Patricia Mansmann and social worker Patricia Neuhausel, settled out of
court. According to court records, the accusations against Genesis
Associates and therapists practicing there ranged from medical
malpractice to personal injuries. The former Genesis clients claimed
they were ordered to break ties with family and friends, and that they
were encouraged to recall sexual abuse or abusive satanic rituals that
had never happened.[4]
    One of the nine cases, brought by Carol and Martin Ritter and
their young daughter had been scheduled to begin April 5.[5] The other
cases were scheduled to follow. The former patients of Genesis were
represented by Rodger Mutzel and Joseph Rizzo. According to the
Philadelphia Inquirer, at least five other malpractice claims against
Genesis Assoc., Mansmann, and Neuhausel had been settled earlier.
    The State of Pennsylvania recently reopened its investigation of
the practices at Genesis and will seek to revoke permanently the
licenses of Mansmann and Neuhausel. An earlier investigation ended
when the state Bureau of Professional and Occupational Affairs
temporarily suspended the professional licenses of Mansmann and
Neuhausel in 1996, although state records indicate both continued
practicing after their licenses were suspended.

[3] The cases which settled were all filed in Chester County, Court of
    Common Pleas, Pennsylvania: Byers v. Genesis Assoc., et al,
    No. 94-02-024; Good v. Genesis Assoc., et al, No. 94-08-283;
    Holmes v. Genesis Assoc., et al, No. 95-02-128; Johnson v. Genesis
    Assoc., et al, No. 94-02-784; Kelly v. Genesis Assoc., et al,
    No. 94-08-285; Mayer v. Genesis Assoc., et al, No. 95-03-093;
    Ritter v. Genesis Assoc., et al, No. 94 00 246; Stinger v.
    Genesis Assoc., et al, No. 94-08-623; Fulginiti v. Genesis Assoc.,
    et al, No. 94-00-96; Alton v Genesis Assoc et al, Phila Co. Ct. of
    Common Pleas, Penn. No. 000159.  See also, Lu, A. (4/9/99)
    "Therapy lawsuits settled," The Philadelphia Inquirer, B-3.
[4] A similar experience is described in an article which appeared in
    the May 1999 issue of Mademoiselle, page 202.
[5] The Complaint filed by the Ritters alleged that the advice
    received at Genesis led them to the brink of divorce and caused
    Mrs. Ritter to leave her husband and young child because she was
    encouraged to believe her husband and daughter were "toxic"
    people.
      __________________________________________________________
      Malpractice Suit against Pennsylvania Psychiatrist Settles
       Bartha v. Hicks, and Friends Hospital, Philadelphia Co.,
               Ct of Common Pleas, Penn., No. 1179 [6]
A malpractice suit filed in September 1994 against a prominent
Philadelphia psychiatrist and hospital has been settled. As the case
went to trial and the jury was being selected in October 1997, the
parties agreed to a monetary settlement. However, even after the
parties agreed to resolve the case out of court, discussion continued
over what portions of her experience the plaintiff might be allowed to
disclose. It was well over a year after the initial agreement that the
settlement was completely finalized.
    Plaintiff Jeanette Bartha claimed her former psychiatrist Richard
Hicks implanted false memories after prescribing medications that
would be expected to increase her tendency toward suggestion, coercion
and manipulation. Despite evidence to the contrary, Hicks diagnosed
the plaintiff as suffering from MPD and failed to recognize that the
course of treatment that actively encouraged the recovery of memories
was making Bartha worse. In addition, the complaint states that Hicks
failed to advise Bartha that the use of sodium amytal and hypnosis to
elicit memories is well known to be unreliable and capable of causing
false beliefs in memories of events which never occurred. Eventually,
as a result of this treatment, Ms. Bartha came to believe she had been
involved in a ritualistic cult as a child, and had engaged in murder
and cannibalism. Defendant Hicks was charged with failure to
corroborate or verify these serious allegations despite the fact that
by Hick's own admission, a therapist has a responsibility to seek
corroboration.
    The plaintiff was represented by Richard Shapiro of Philadelphia.

[6] See FMSF Brief Bank #171.
           ________________________________________________
           Illinois False Memory Malpractice Suit Continues
                      Manning v. Crockett, 1999
                    U.S. Dist. LEXIS 1304, 1/28/99
In January 1999, a U.S. District Court in Illinois denied a defense
request to dismiss a malpractice claim against a psychologist.
Margaret Manning claims that her former psychologist, David Crockett,
wrongfully convinced her that satanic ritualists had brain-washed,
abused, raped and impregnated her, and that she had participated in
this treatment. She says that Crockett diagnosed her with MPD stemming
from supposed satanic ritual abuse, but failed to advise her of the
division within the mental health community regarding the existence of
multiple personality disorders and the ongoing controversy regarding
the existence of organized satanic cults. She also claims that, after
Crockett treated her with hypnotherapy, she occasionally awoke nude
and self-mutilated.
    Manning says her therapist held himself out to the public as an
expert in psychotherapy, psychoanalysis, hypnosis, hypnotherapy, and
cult programming, with an emphasis on multiple personality disorder
and survivors of supposed satanic ritual abuse. The defense contends
that Manning's descriptions of their sessions are inaccurate and that
he never diagnosed her as suffering from MPD or satanic ritual abuse.
          __________________________________________________
          Psychiatric Hospital Fraud Investigations Continue
In recent months after the end of a Federal criminal trial against
therapists and an administrator working at a Texas hospital,[7] we
have seen an increase in the number of investigations of other
psychiatric hospitals for evidence of possible fraud. Many of our
readers saw the CBS 60 Minutes II broadcast of an investigative report
called "Unsafe Haven" (April 21, 1999) which showed unsafe conditions,
injuries, and cover-ups in one of a chain of psychiatric hospitals
operated by Charter Behavioral Health Systems. A hidden camera showed
how teenaged patients were restrained and medicated, and how records
were falsified at a hospital that charged more than $1,000 a day. Half
of the hospital's revenues came from public moneys.
    Sixty-seven former patients of Tucson Psychiatric Institute
recently sued that hospital for fraud and false imprisonment.[8] They
say their institutionalization was unnecessary and that the hospital
used them for insurance money and treated them more like inmates than
patients. Thirty-seven of the patients were treated when they were
teenagers; one was hospitalized at age 7. The former patients say they
were encouraged to take drugs and were restrained against their
will. All were released when their insurance coverage ran out.
    The patients were treated at two facilities in the Tucson area
that were owned and operated by the National Medical Enterprises,
Inc. (NME). No trial date has been set yet. The plaintiffs are
represented by attorney Paul Friedman of Phoenix.
    NME faced federal fraud charges filed against hospitals it
operated in other states. In 1994, NME was fined $379 million after
pleading guilty to paying kickbacks and bribes to doctors in exchange
for a promise by the government not to prosecute NME. After the plea
bargain was negotiated, more than 200 civil actions were filed on
behalf of former patients.[9] They claimed the criminal investigation
uncovered a nationwide fraudulent conspiracy to extract maximum
insurance benefits from patients without regard for their treatment
needs.
    According to the Washington Post, 17 NME employees in several
states were ultimately charged with crimes and in 1997, 4 years after
the first indictment was made, some hospital administrators and
psychiatrists were convicted of fraud and sentenced. In 1997 NME paid
out an additional $100 million in civil payments to former patients in
Texas who said they were illegally kept in NME mental hospitals during
the 1980's for their insurance benefits.[10]

[7] United States of America v. Peterson, et al., U.S. Dist. Ct.,
    Southern Dist., Texas, No. H-97-237. On Febr. 9, 1999, as the
    trial entered its sixth month, a mistrial was declared when only
    11 jurors remained to decide the case. Since then some defendants
    have moved for reimbursement of their legal fees. The defendants
    were charged with using "mind-control" techniques as part of a
    conspiracy to prolong patients' treatment so they could milk
    generous insurance policies.
[8] Nunez v. Tucson Psychiatric Institute, Pima Co.  Superior Ct.,
    Arizona, No. 326378.
[9] See, Morton, et al v. National Medical Enterprises, 725 A.2d 462
    (D.C. App., Feb. 11, 1999). Affirmed dismissal on statute of
    limitations grounds.
[10] According to a 8/20/97 report "Tenet pays $100 million to settle
    claims levied by psychiatric patients," Mealey's Litigation
    Reports: Managed Care, 1:16, "The suit further accused NME of
    keeping patients in overcrowded facilities where they suffered
    abuse and were forbidden contact with the outside world.
    Patients' requests to leave NME hospitals were either ignored or
    met with threats that they would be transferred to a state mental
    institution, the plaintiffs allege. Parents who tried to remove
    their children from the hospitals were threatened that they would
    be turned in to child welfare agencies."
             ____________________________________________
             Case Involving Maryland Psychiatric Hospital
              Resolved Shortly Before Trial was to Begin
                     Doe v. Psychiatric Hospital
            Circuit Ct., Baltimore City, Maryland, No. __.
A suit filed by a former patient on a psychiatric trauma unit in a
prominent Maryland hospital was resolved early in May 1999 shortly
before the case was scheduled to go to trial. The claim stated that
the patient did not receive prompt medical treatment after she slipped
and fell in the psychiatric unit because her physical injury was
misinterpreted as related to her psychiatric diagnosis. The terms of
the resolution are confidential. The plaintiff is represented by
attorney Stephen Markey of Baltimore.
         ____________________________________________________
         Malpractice Suits Filed Recently in Other Countries:
     A Bi-product of the Exportation of Repressed Memory Therapy
SCOTLAND: A father and his daughter, now 28, are preparing a suit
against the Scottish National Healthcare Trust and two social work
departments in Scotland for personal injury, defamation, and
negligence because of the repressed memory therapy the daughter
received.[11] Reports of their action say that this suit will be the
first of its kind in Scotland and has already raised serious questions
about repressed memory therapy and when and on what grounds patient
confidentiality might be overridden.
    AUSTRALIA: On April 28, a Sydney Australia couple filed a suit
against the government, police, a psychologist, and the department of
community services they say laid criminal charges of sexual abuse
against them without conducting a proper investigation.[12] In 1994,
the couple, who cannot be named, were charged with 58 criminal counts
after their two oldest teenage daughters told police they had
recovered memories that their parents had sexually abused them and had
participated in a sadistic pedophile network that drank blood and
carried out abortions on its victims. The case collapsed in 1996 after
a magistrate said the daughters' evidence lacked credibility. In the
meantime, the couple's children were taken from them, their home was
bugged, and the father lost his job. The couple says that police never
interviewed the children's neighbors, doctor or teachers and proceeded
despite the fact that police knew, or should have known, that the
oldest daughter was a cocaine addict whose allegations resulted from
repressed memory therapy, an unreliable technique.

[11] Brown, A., (3/10/98) "I never want that kind of thing to happen
    to anyone else," Daily Mail (London); Harris, G., (3/9/98)
    "Father and daughter sue over false memory," The Times (London);
    Nelson, S., (2/25/98) "A test for memories," The Herald (Glasgow);
    O'Shea, S., (10/15/97) "Father vows to clear his name over abuse
    claim," The Scotsman.
[12] Guilliatt, R. (5/12/99) "Parents sue over 'memory' of abuse,"
    Sydney Morning Herald..
             ____________________________________________
             Appellate Courts Consider Third-Party Claims
      Brought by Families Who Say They Have Been Falsely Accused
It is undeniable that serious injury and damage are a direct and
foreseeable result when negligent treatment causes a patient to
erroneously accept false images of an abusive history as real and true
memories. When the therapist's own actions create a special
relationship with the accused by encouraging the patient to confront
the accused or to take legal action, it can be argued that a duty is
owed to the accused third party. When the therapist's actions take the
allegations out of the therapy context, for example, when the
therapist counsels the patient that the images developing are "the
truth," it is argued that the therapist can no longer hide behind the
cloak of confidentiality which protects most therapist-patient
interactions. Some higher courts have held that under certain
circumstances a duty may be owed to a third party.[13] Other courts
have dismissed claims holding that no duty is owed a third party [14]
or that the third-party claim was time-barred.[15]

[13] Althaus v. Cohen, 710 A.2d 1147 (Pa. Super. 1998), cert granted;
    Hungerford v. Jones, 722 A.2d 478 (N.H., 1998); Sawyer v.
    Midelfort, 579 N.W.2d 268 (Wisc App 1998), cert granted; Tuman
    v. Genesis Assoc., 894 F.Supp. 183 (U.S. Dist., 1995); Sullivan
    v. Cheshier, 846 F.Supp. 654 (U.S.  Dist. 1994).
[14] Doe v. McKay, 700 N.E.2d 1018 (Ill., 1998); Flanders v. Cooper,
    706 A.2d 589 (Me, 1998); J.A.H. v. Wadle and Assoc., 589 N.W.2d
    256 (Iowa, 1999); Strom v. C.C., 1997 Minn. App. LEXIS 327,
    unpublished; Trear v.  Sills, 82 Cal. Rptr.2d 281 (Cal.App.,
    1999).
[15] Glasspool v. Seltzer, Superior Court, Appellate Div., New Jersey,
    No. A-1662-95T5, unpublished; Lundgren v. Eastern Montana
    Community, 1998 Mont. LEXIS 62.
           ________________________________________________
           California Appellate Court Bars Third-Party Suit
                            Trear v. Sills
            82 Cal. Rptr.2d 281 (Cal.App., 1999), 2/16/99
On February 16, a California appeals court affirmed dismissal of a
negligence suit brought by a father who claimed he was wrongly accused of
sexually abusing his daughter because his daughter's therapist implanted
the idea in her mind. The court held that the professional duty of the
therapist does not extend beyond the patient to the patient's parent and
that to do so "is to saddle the therapist with a divided loyalty in an
inherently adversarial situation."
    The court held that simple foreseeability of harm does not
establish a duty on the part of the therapist to the parent of an
adult patient in the recovered memory context. The court acknowledged
that "there is no truth machine which allows one to determine whether
the so-called recovered memory of abuse is accurate." (Professional
organizations, memory researchers and others have, therefore, called
on therapists to avoid using suggestive techniques or communicating
unwarranted expectations about the likelihood of recovering accurate
images of past abuse.) The court, however, seemed to treat that
statement as indicating that only with hindsight can one tell whether
the image is true or false because, as it said, "therapy, of course,
is not an exact science."
    Plaintiff's attorney, Tom Allen, said the defendant therapist
"stepped over that line when she adopted the philosophy of repressed
memory as being a valid malady without any scientific, analytical, or
academic justification for it." A petition for review has been filed
with the California Supreme Court.
        ______________________________________________________
        Iowa Supreme Court Holds Therapist Does Not Owe a Duty
                          to Patient's Child
       J.A.H. v. Wadle and Assoc., 589 N.W.2d 256 (Iowa, 1999)
                       dated February 17, 1999.
In February 1999, the Iowa Supreme Court affirmed dismissal of a
negligence claim brought by a minor child against his mother's
treating psychologist, Anita Jordan. The child claims that the
therapy his mother received (including hypnosis and participation in
survivor group therapy) caused her to develop false memories.
According to court documents, these false memories rendered his mother
unable to care for him, diminished his mother's affection for him, and
caused the dissolution of his parents' marriage. The suit alleged that
the therapist knew that her patient had a minor son who would be
foreseeably harmed by any deterioration in his mother's mental status.
    The Iowa Supreme Court said that the summary judgment record
contained no evidence that the mother had received improper mental
health treatment. The defendant therapist submitted in a deposition
that when she began the treatment, plaintiff's mother was in the
hospital in critical condition because she refused to eat or drink.
Shortly afterward, the patient began eating and drinking on her
own. The mother corroborated her therapist's testimony that her
condition had much improved since the treatment began. The court
assumed that competent adults who voluntarily undergo mental health
treatment can decide for themselves whether the treatment is
beneficial.
    The court accepted -- without deciding -- the contention that it
was foreseeable that the boy would be damaged in the event his mother
received improper mental health treatment but rejected the plaintiff's
argument that foreseeability is determinative on the question of
duty. The court also held that no privity (a therapist-patient
relationship) existed between the son and his mother's therapist. The
decision included a lengthy discussion of public policy considerations
involving therapeutic problems of divided loyalties and maintaining
confidentiality and the court quoted extensively from a recent
Illinois Supreme Court ruling.[16] The court concluded, "We are
convinced these public policy considerations far outweigh any threat
of foreseeable harm to non-patient family members. For these reasons
we hold as a matter of law there is no duty running from the therapist
to these members."

[16] Doe v. McKay, 700 N.E.2d 1018 (Ill, 1998).
                           ________________
                           Wenatchee Update
                       Devereaux v. Wenatchee,
                 9th Cir. Court of Appeal, Wash.[17]
The City of Wenatchee has paid Robert Devereaux $290,000 to drop his
suit for malicious prosecution and wrongful arrest. Devereaux
operated a foster home for children when he was charged with sexual
abuse. He was one of 43 adults, many of whom were poor and
developmentally disabled, who were arrested on 30,000 counts of sexual
abuse against 60 children in the town of Wenatchee, Washington in the
late 1980s.
    In April 1999, the Washington state legislature sent a bill to the
governor for signature that would require additional training for
those who investigate child sexual abuse. The bill also requires
investigators to keep near-verbatim written notes, unless the
interviews are recorded electronically.

[17] "Sex-ring defendant settles lawsuit," Seattle Times, 2/25/99
                    _____________________________
                    Bennett Braun Trial Postponed
The trial in a case filed by the Illinois Department of Professional
Regulation against prominent psychiatrist Bennett Braun was scheduled
to begin May 18, but has been postponed until November 1999. The
trials of Braun's colleagues, child psychiatrist Dr. Elva Poznanski
and psychologist Roberta Sachs have also been postponed.
    According to lead prosecutor Thomas Glasgow, the charges brought
by the state are based on the defendants' treatment of the Burgus
family.[18] At a November 1998 pretrial hearing, Braun filed a motion
to have the Burgus family undergo a battery of psychological
tests. The judge denied this motion -- and the suggestion that if the
family members are healthy now, Braun's treatment must have been
effective. (The family ceased treatment under Braun in 1992 and have
seen other doctors since then.) Glasgow described this motion as
nothing more than an attempt to "intimidate and bully" the Burgus
family into not testifying.

[18] See FMSF Newsletters, Nov. 1997, Dec, 1997, Mar, 1998, Sept,
     1998, Nov 1998, Dec. 1998.
       ________________________________________________________
       Rhode Island Court Rules that Recovered Memory Testimony
                        is Unreliable Evidence
                 State of Rhode Island v. Quattrocchi
    Superior Ct., Rhode Island, No. P92/3759A, April 26, 1999 [19]
A year after holding an evidentiary hearing to determine whether
repressed memory testimony was reliable enough to be admitted at
trial, a Rhode Island Superior Court judge ruled that it was not. "The
state has not met its burden of establishing that repressed
recollection is reliable and admissible as scientific evidence. As a
result, expert testimony on the subject is inadmissible," Superior
Court Judge Edward C. Clifton wrote.
    The evidentiary hearing was conducted after the Rhode Island
Supreme Court overturned a criminal conviction based on "repressed
memories" of sexual abuse.[20] The state supreme court held that
failure to hold a preliminary hearing, without a jury, to determine
whether his accuser's "flashbacks" of abuse were reliable was
reversible error.
    So last spring the trial court heard testimony from defense
witnesses Paul McHugh, M.D., Richard Ofshe, Ph.D., and Elizabeth
Loftus, Ph.D. Testifying for the State were Daniel Brown, Ph.D.,
Patricia Gavin-Reposa, R.N., Barry Wall, M.D., and Paul Appelbaum,
M.D.
    After hearing 14 days of expert testimony, the court noted that
there was strong disagreement among psychologists and psychiatrists
over such fundamental questions of "how the process of repression
occurs, how the process of retrieval occurs, and indeed if in fact
retrieval is possible at all."[21] The court also noted that a showing
that "some degree of reliability of the expert and the methods by
which he has arrived at his conclusions" is needed.[22] Under these
circumstances the court held that the State did not prove "at a
minimum, the criteria set forth in Daubert and Quattrocchi, which
includes proving the theory which the expert intends to expound upon
has been generally accepted within the relevant scientific community
under the Frye standard."[23]
    The Quattrocchi decision joined a number of other rulings that
have concluded that repressed memory testimony is insufficiently
reliable to be admitted at trial. The court concluded that "the
phenomenon of repressed recollection has not gained general acceptance
in the fields of psychology and psychiatry. Because theories in
support of repressed recollection have not gained general acceptance,
they are deemed to be unreliable."

[19] See FMSF Brief Bank #190.
[20] State v. Quattrocchi, 681 A.2d 879 (R.I., 1996). In a related
    ruling two weeks earlier, Kelly v. Marcantonio, 678 A.2d 873
    (R.I., 1996), the Rhode Island Supreme Court had warned against
    uncritical acceptance of "repressed memory" testimony from the
    alleged abuse victim or expert witnesses. The Kelly court held
    that the reliability of repressed memory theory must be determined
    prior to extending the statute of limitations.
[21] Citing State v. Hungerford, 697 A.2d 916 (N.H., 1997).
[22] The court cited U.S. v. Hall, 974 F.Supp. 1198, 1202
    (C.D. Ill. 1997)
[23] The court referred to two U.S. Supreme Court rulings that have
    set forth standards by which the reliability of expert testimony
    is to be measured: Daubert v. Merrell Dow Pharm., Inc., 509
    U.S. 579
        ______________________________________________________
        Louisiana Court Affirms Dismissal of Delayed-File Case
                          Steele v. Steele,
            1999 La.App. LEXIS 546, dated March 10, 1999.
A Louisiana court of appeals affirmed dismissal of a suit filed by a
man, age 36, against his father and brother for alleged childhood
sexual abuse from age 2 to 17. The plaintiff acknowledged that this is
not a case of "repressed" or "recovered memory." He claims instead
that he suffered from PTSD which prevented him from appreciating the
damages caused by the sexual abuse. Under the circumstances, the
majority held, the claim was time barred.
    The dissenting judge interpreted the plaintiff's claim in a novel
way -- as a sort of "emotional disassociation." The dissent concluded
that although plaintiff remembered the events, they had no emotional
effect on him and constituted "legal repression." The dissent stated
that the statute of limitations should be tolled until "the emotional
impact returned" to the plaintiff. The remainder of the dissenting
opinion tried to grapple with the problem of allowing the plaintiff to
subjectively determine how the limitations period should be applied:
"It would be impossible for plaintiff to prove^Êhow long he did not
have the emotional impact^ÊAlso, it is unclear when enough emotional
impact returned to him to trigger prescription."
   ________________________________________________________________
   Massachusetts Supreme Judicial Court to Hear Amirault Case Again
In a last-ditch effort to save a sex abuse case that sent three people
to prison in the 1980's based only on the sensational testimony of
young children, prosecutors asked Massachusett's highest court to deny
Cheryl Amirault LeFave a new trial. On May 6, 1999 prosecutors also
asked the court to reinstate the testimony of children who said
Amirault LeFave raped and molested them at her family day care center.
    Last year, Superior Court Judge Isaac Borenstein issued two
decisions in the case, one ordering a new trial, and the second
invalidating most of the children's testimony because he found it was
tainted by the suggestive questioning methods used in repeated
interviews of the children. Saying that justice was not served,
Borenstein also dismissed convictions against LeFave's mother Violet
Amirault, who died at age 74 in September 1997. LeFave's brother,
Gerald Amirault, remains in prison with no active appeal.
    Prosecutors maintain that the children's stories are still
credible.  Because there was never any physical evidence in the case,
prosecutors have also said that without the testimony there is no case
against LeFave.

      _________________________________________________________
      Questioning the Reliability of Repressed Memory Testimony

  A growing number of courts have, after reviewing expert testimony
  and submissions, held that the theory of "repression" is not yet
  generally accepted as a valid construct; and that no reliable method
  of determining the accuracy of a particular "repressed memory" claim
  exists. The following trial courts have held evidentiary hearings to
  consider the admissibility of the theory of repressed memory and
  expert testimony derived therefrom and whether it meets standards
  for admitting scientific evidence under Frye, Daubert or the Federal
  Rules of Evidence:

BARRETT v. HYLDBURG, Superior Ct., Buncombe Co., NC, No. 94-CVS-793,
ruling dated October 20, 1998 following Barrett v. Hyldburg, 1997 WL
43876 (N.C., 1997).

CARLSON v. HUMENANSKY, 2nd Dist., Ramsey Co., Minn., No. CX-93-7260,
Dec. 29, 1995.

DOE v. MASKELL, Circuit Ct., Baltimore City, MD, No. 9423601/CL18756,
May 5, 1995, aff'd Doe v. Maskell, 679 A.2d 1087 (Md., 1996), cert
denied 117 S.Ct. 770 (1997).

ENGSTROM v. ENGSTROM, Superior Ct., Los Angeles Co, Calif., No.
VC016157, Oct. 11, 1995, aff'd Engstrom v. Engstrom, No. B098146
(Cal.App.2nd App. Dist., June 18, 1997) unpublished, cert denied.

LOGERQUIST v. DANFORTH, Superior Ct., Maricopa Co., Arizona, No. CV
92-16309, June 11, 1998 following Logerquist v. Danforth, 932 P.2d 281
(Ariz. App., 1996)

MENSCH v. POLLARD, Superior Ct., Whatcom Co., Washington,
No. 93-2-01427-5, oral decision dated Sept. 9, 1998.

SHAHZADE v. GREGORY, U.S. Dist. Ct., Massachusetts, No. 92-12139-EFH.

STATE of NEW HAMPSHIRE v. HUNGERFORD, 1995 WL 378571 (N.H.Super., May
23, 1995), aff'd State v. Hungerford, 697 A.2d 916 (N.H., 1997).

STATE of NEW HAMPSHIRE v. WALTERS, Superior Ct., Hillsborough, New
Hampshire, No. 93-S-2111, -2112, reversed by State of New Hampshire v.
Walters, 698 A.2d 1244 (N.H., 1997).

STATE of RHODE ISLAND v. QUATTROCCHI, Superior Court, Rhode Island,
No. P1/92-3759A, April 26, 1999; following State of Rhode Island v.
Quattrocchi, 681 A.2d 879 (R.I., 1996).

  All of the above courts, except two, ruled that expert evidence
  based on "repressed memory" has not been proven reliable and should
  not be received at trial. One of the two minority rulings, Walters,
  was reversed by the New Hampshire Supreme Court. An analysis of the
  reasoning in the other, Shahzade, shows that the district court
  ruling so narrowly defined the "relevant scientific community" that
  it omitted all relevant research areas and included only clinicians
  treating trauma victims.[24] Rulings for all of these cases, as well
  as other related court documents are available from the FMSF Brief
  Bank.

[24] The danger of too narrowly defining the "relevant scientific
    community" is warned against by the U.S. Supreme Court in Kumho
    Tire Co. v. Carmichael, U.S. Supr Ct, No. 97-1709, decided March
    23, 1999, when that court noted that general acceptance within
    disciplines such as astrology or necromancy would not render the
    principles associated with those disciplines reliable.

 ______________________________SIDEBAR_______________________________
/                                                                    \
| "If recovered memory testimony is offered into evidence, it must   |
| be supported by expert scientific testimony explaining the         |
| purported principles of memory repression. Seven national          |
| scientific societies in four English-speaking countries have       |
| issued position papers on the recovery of repressed memories.      |
| Rather than demonstrating general acceptance of the repression     |
| principle, these papers demonstrate considerable scientific        |
| controversy. Moreover, none of these papers cites a single         |
| reliable example of memory repression ever being observed. This    |
| implies that the principle of memory repression does not have a    |
| scientific foundation strong enough to warrant admitting into      |
| court expert testimony on memory repression. This, in turn,        |
| implies that neither should testimony by witnesses who claim to    |
| have recovered their memories from repression be admitted. If      |
| their testimony is uncorroborated it is too unreliable to admit;   |
| if their testimony is corroborated, it is unnecessary."            |
|                                     Robert Reagan, (Winter, 1999)  |
|          Scientific Consensus on Memory Repression and Recovery,"  |
|                                  Rutgers Law Review 51:2:275-321.  |
\____________________________________________________________________/

**********************************************************************
                   F R O M   O U R   R E A D E R S
                                                         A Mom and Dad
                            ______________
                            My Friend Rudy
                 Deborah David, California Retractor
My friend Rudy Laubscher died alone a few weeks ago. He wasn't one to
complain and I never knew he'd been sick and in the hospital. I first
met him in the fall of 1993 at a gathering of falsely accused parents
here in Sacramento. I'd been asked to come and talk to the group. It
was the first group I spoke to and I was nervous. During a break Rudy
came and introduced himself to me, bringing me cookies and juice. He
was a tall man, a truck driver by profession. Once he'd been married
and had four children, three sons and a daughter. He informed me he
hadn't seen any of them since he'd been accused four years previously
(1989). All four of his children were professionals, one son a
biologist, one a pilot, one an engineer and the accusing daughter a
doctor. While Rudy was a truck driver he put those four children
through college, supported them, advised them and loved them, but
never pushed them. He had told me he taught them to think for
themselves, or so he thought. Rudy was smart, intelligent, and
educated in his own right. He read a lot and researched often at the
law library and the medical library at Davis University. He had raised
his children in Ohio and moved to California recently.
    By early 1994 Rudy was part of my family. He was a support to us
in the lawsuit against my ex-therapists, lending an ear to talk to,
offering advice and most of all having us laugh in the face of the
evil that had touched all our lives. I learned his daughter was a
doctor and that during her residence program she became overly
stressed, therefore seeking out the help of a therapist. There she
came to belief her dad molested her and thus the reason she was having
so much trouble with going through the residence program. Rudy tried
everything he could to talk and to find some way to get through to his
daughter, but she never spoke to him again. That would be ten years as
of now.
    The boys all supported their sister, saying that if she says it is
true it must be and like her would not speak to him. Rudy related how
the children were close in age and had always been close as children
and he'd say that he understood how the boys would stand by their
little sister. But I could see the faraway look of hurt in his eyes as
he talked of them.
    Rudy's wife left him, perhaps not so much because she believed the
accusations, he'd say, but because if she stayed she would lose all
contact with her children and her grandchildren. He says he understood
a mother's connection to her children and again I'd see the hurt in
his eyes. But the deep wounds didn't keep Rudy from loving, caring
about and supporting others and most of all it didn't kill his sense
of humor and his love of life.
    A couple years ago he came down with kidney disease, and had a
shunt put in so that he could do his own dialysis each night. He
wanted it that way so he could have the freedom to ride his bike, and
to continue working the new job with the California Department of
Transportation, where he was working full time. Rudy died on April 27,
1999 from an infection that couldn't be controlled.
    Rudy could always make me smile and laugh. His sense of humor was
extraordinary, light and fun. How I am going to miss that smile of
his, the way he'd brighten up a room with it. How I wonder what his
children think now, do they have regrets? Do they recall the times as
a family when they were growing up and things were fun? Does his
daughter recall how dad sent her cooked turkey, having it trucked to
her door while she was away at college? Do they recall all the times
Rudy tried to get them to talk to him, by letter, by post cards, by
mediation (just last year) and always how they turned him down,
refusing to talk with him, refusing to listen to anyone else or meet
with anyone else to discuss the issue? Do they lie awake at night and
remember their dad, strong, supportive, funny, caring and loving, or
have they so completely dismissed reality that all they hold is the
hate, anger, and beliefs they have been taught from the therapists?
    Now they no longer have to worry about what he wanted to say to
them, and sadly, oh so sadly, they will never know either. Do they
realize how much he loved them, even in the face of the hurt they were
causing him? Don't they know how much he lost and that they lost to
something that never happened in the first place?
    He'd told me recently that he'd given up trying to get through to
them, that they were all educated people but as such had given up
thinking rationally and looking at all sides of an issue before making
a judgment. He recognized that they been brainwashed. Even his ex-wife
who because of the belief "that if the daughter is abused the mother
was too" went into therapy and guess what, had her own visualizations
of being sexually abused. Rudy told me he knew full well his wife had
not been sexually abused. Yet she holds to it, as does their daughter.
    A family was once here, and with it was an extended family. They
worked together, they supported and loved each other, they had dreams
and a future. Then it was all stolen away by an unproven theory and by
therapists who think everyone who comes through their doors with a
problem is a sexual abuse victim who hasn't remembered or even knows
that she/he is one. Thus destroying another family unit.
    I mourn the loss of my friend, my dear friend Rudy Laubscher. I
can only hope that someday his family does too.

  Editor's Note: While this letter names just one person, it sadly
  reflects the experience of far too many FMSF families. How tragic
  for the accusers who will never be able to make amends. How tragic
  that so few professionals made an effort to help families reconcile.

                           ________________
                           MPD Misdiagnosis
After seeing all the recent television coverage on MPD, I felt many
fear alarms inside me. The fear comes from knowing what lies ahead for
those still trapped in the deception and who may remain misinformed.
It is hard for me to see doctors and the media still romanticizing
MPD, as if the mind is a toy for them to play with. Repeatedly, the
personalities and recovered memories are accepted without question.
The message is that MPD is good, it's always real, and it's always
caused by childhood trauma.
    Indeed, it can be magical. But I did not ask for magicians to help
me. I did not ask for my life to become good drama, good
entertainment. I left this type of therapy without any benefit, and I
know there is much more that isn't being told.
    When I look back at my MPD misdiagnosis, the only truly "multiple"
aspects were the suicide attempts, the deceptions and the despair. It
upsets me that people don't understand and are not informed about the
trauma of coping with the effects of bad therapy.
    People don't seem to realize how much it can effect someone to
have all those records and a history of so much misinformation. The
records don't ever say "possible, alleged." They say MPD, SRA, over
and over again. There are no statements saying "probable,
controversial, experimental."
    People get caught up in the fascination of MPD but have no idea
how damaging it can be. They think it's intriguing how the mind can do
that, as if it's always real, like it's so cool and must have been
fun. But it's not. It's not fun at all.
    I know because I got caught up in believing it was supposed to be
a great gift to survive. But that's all there was. The fascination
grew old quickly. The rest was terror -- not being sure who you are
anymore. Living that way was not fun or fascinating at all.
    It's not fun when your therapist constantly changes the subject or
won't talk to you unless you give her the name of the alter who's
talking. It's not fun when your therapist treats you like nothing you
say is important unless you can tell her "who's out." It's not fun to
tell her nobody is out and then get labeled with another alter named
"Nobody." It's not fun when nothing you say is important unless
so-and-so is talking. It's not fun constantly trying to figure out who
might be talking or trying to figure out a name before you can even
talk. It's not fun when who's "out" becomes more important than what
you are trying to say!
    It's not fun when your therapist spends five minutes talking to
you and the rest of the hours talking with every alter she can. And
it's certainly no fun being too afraid to say anything because you
don't know who you are supposed to be. Then you end up just sitting
there in great pain and confusion, having to listen to your
therapist's speeches over and over telling you how you feel, or should
feel, all the time. No, it's not fun and no one should ever be used as
anyone's amusement.
                                            A Daughter of Good Parents
                                ______
                                Trauma
I recently read that psychiatrist David Spiegel, M.D., a trauma
specialist who chaired the team that wrote the section on Dissociation
in the DSM-IV, said that "his study of traumatic stress includes
research papers on several natural disasters, including the 1989 Loma
Prieta earthquate in the San Francisco Bay Area."
    My husband and I experienced that catastrophe and I can say with
confidence that the shock was not even close to the one we lived
through when our daughters recovered "memories" with a therapist. Our
daughters claimed that they remembered sexual molestation starting in
early infancy.
    Dr. Spiegel should study our group of individuals who not only
have been falsely accused but who have also lost their children. He
would get a glimpse of what trauma-generated stress is really like.
                                                                 A Mom
                             ___________
                             New Zealand
I see on page 3 of your April/May Newsletter the comments about New
Zealand group COSA National being closed. The article seems to give an
impression that we will be left with only "support groups". I would
like to clarify this for you and your readers.
    We presently have three separate Incorporated Societies, the head
being COSA National, the other two being Incorporated Branches in
Auckland and Canterbury. We are closing only the national body on 30
June, but continuing on with the two Branches. The Branches will
re-organize to become separate entities in their own right. COSA South
(formerly the Canterbury Branch) will cater for needs in the South
Island, while COSA North (formerly the Auckland Branch) will cater for
the North Island.
    I will be moving from the position of National Secretary to become
Secretary for COSA North and will spearhead that operation. We will
continue with "business as usual" from that new base. In effect, the
two re-constituted groups will replace some of the work done by COSA
National, but in a more localized sense.
    Dr. Goodyear-Smith is quite right in saying that two of our three
main COSA National objectives have largely been met. However, there is
an on-going workload to handle. Much of the current and future work
seems to be in the area of picking up the aftermath of the problem,
giving support and advice to members, and adjusting to the decreasing
numbers of new cases (now few and far between!)
    Your Newsletter is widely used and well-received in New Zealand. I
intend to continue to distribute it. Please keep me on your list as
your New Zealand point of contact.
                                              Sincerely, Colleen Waugh
                            ______________
                            The Dedication
"Bill" and "Lynette" attend the FMS support group meetings regularly
each month. Their devastation took place 7 years ago. Their daughter
"Carolyn" has a Ph.D. and is teaching at a University where she is
doing well and receiving teaching honors. "It" began during
counseling: After months of therapy -- she accused her father.
    This family was very close. Carolyn had named one of her sons
after her dad, Bill. When therapy had put its hooks into her memory,
she legally changed her son's name so there would be no trace of the
grandfather in their home. You could have cut Bill's heart out and it
wouldn't have hurt as much.
    Now, five years later, Carolyn is no longer in therapy. When the
family first got together the daughter indicated that nothing was to
be said about what had happened. That request has been honored. Things
started moving in a positive direction and Carolyn started letting her
children stay overnight with the grandparents.
    Now, two years later, Carolyn and her parents are in regular
contact, at least 3 or 4 times a week. On one "thank you" note from
Carolyn, she wrote she was sorry she had hurt the parents and that she
had not meant to.
    At one point, the parents had thought they would never see her, or
her children again. This turnabout is a miracle of answered prayer!
    Nothing has ever been discussed, nor does the father expect it to
be discussed. He feels she went through a "hell" of her own which was
as bad as the one the parents went through. It was not her fault and
what advantage would there be to have her relive those horrible
experiences?
    Actions speak louder than words. Carolyn has written several
books. She sent a copy of one of those books to Bill. A book mark was
inserted at the page which had the dedication. It reads, "Dedication
to.......... and my dad." Then she handwrote on the page, "Thank you
for your endless patience and love. I'm so glad you're my dad. Love
Carolyn, 2/99."
    Bill says, "I am so very proud of her, why is discussion
necessary, when she expresses such love and respect?"
                                                        Tom Rutherford
                            _____________
                            No Derailment
After 7 1/2 years of no word at all from our daughter and not knowing
where she was and if she was alive or dead, we received a short note
from her last October (1998). She said she had a religious experience
and had "forgiven" us.
    We were more than happy to know that she was alive and did
"forgive" us. We don't demand recanting for two reasons: first, my
husband and I (and the rest of our children, family and friends) know
that no abuse, sexual or otherwise, ever took place. Second, we do not
wish to derail this contact.
    It is enough for us that we have had contact. We responded to her
note and she has written to us two more very short notes. I hope that
we can keep in touch.
    Ultimately, we hope for a complete reconciliation. As for now,
after many years of no contact, we are happy.
                                                           Mom and Dad
                           _______________
                           Moral Patricide
Let it be known especially to mental health professionals that the
character assassinations of a father and mother constitute moral
patricide and matricide and are hate crimes not any less horrendous
than lynchings. The advantage of lynchings was and is their relatively
short duration, culminating in the termination of all pain. The
excruciating effects of character assassination and the loss of one's
child can last for years and decades.
                                                                 A Dad
                           ________________
                           After Five Years
We have had contact with our daughter for almost five years now, after
we had not seen her for the previous five years. She had not really
recanted in that time. It was only this last weekend that she told us
she was sorry for the grief our family has suffered because of her. We
are grateful.
                                                A Grateful Mom and Dad
                              __________
                              Distancing
What you wrote in the January newsletter about not getting lots of
calls from sad and distraught parents this past Christmas was
interesting to me. I was very proud of myself for getting through
Christmas so well this year, but then in late January or early
February it hit me for awhile. The grief is always there even though
one does distance oneself to some degree.
                                                                 A Mom
                                _____
                                Wills
We have several children and two of them accused us. We rewrote our
wills at that time. Now one of the children has returned and retracted
and we rewrote our wills again to include her and her family. Although
the other child has returned, she has not retracted and she is not
included in the will, nor are her children. Trusts for the
grandchildren were cancelled since the therapist had seen them too,
and we expected we would never see them again. One can ask, "Why
punish the grandchildren?" We say, "Why leave money to someone who has
been trained to hate you?"
                              _________
                              Thank You
After a confrontational meeting with our daughter and her therapist in
1990, she proceeded to withdraw from any contact with us or her
sister. For the next 8 years we had no contact with her and she
forbade us to have contact with our granddaughters. But in July of
1998, she drove up to our house and what a glorious time we had! She
had read a book written by a man who had been accused falsely and she
suddenly questioned her whole nightmare experience. She came to
recognize that the "memories" she had recovered through the
therapist's techniques were false. As she came home, she told us that
she had talked on the phone with Janet in the FMSF office. What a joy
it was to share with our daughter the wonderful role that the
information and support from the Foundation had played in our lives
these past years. We are most grateful.
                                                         A Mom and Dad
                                _____
                                Angel
When Roger and I reached out to other families accused of horrible
acts of violence against their adult children in 1989-90, a small
white ball of fuzz named Angel was always included in our appearances
on all our television interviews.
    On March 23, 1999 , our beloved Angel passed away of an apparent
heart attack at the age of "almost" 15 years.
    She was our life, our child, our best friend and a part of our
hearts when we were with her. She never doubted, never questioned,
never accused, never turned away from us. She loved us
unconditionally.
    We wish to publicly thank her for honoring us with her love.
                                                                Sadly,
                                                         Roger and Liz
                           _______________
                           A Positive Link
Our daughter re-joined our family last summer after six and a half
years. We cannot say what precipitated the change of heart, but we
feel our persistent efforts to keep communication open may have
contributed. Her father's illness may have also been a factor, but the
initial gathering was prior to his stroke in September. That sad time
seemed to hasten her need to bring us all together.
    Our daughter and her husband have never mentioned the "subject;"
instead, like so many parents' stories we have read in the
newsletters, they chose to return with no referral to the many years
of pain and absence.
    Perhaps our stance of never 'closing the door' was part of it; but
then I realize how many daughters closed their doors completely on
their parents. The passage of time allows them to harden, though, if
they are never petitioned to relent, never faced with the cards,
letters, videos for the children which keep good memories alive.
    The bringing about of false memories is indeed a tragedy for
parents; but the suffering of young women (primarily) must be looked
at squarely as a collapse of the mental health systems, when, as needy
patients seeking help, our daughters were denied healthy answers to
their problems. This fact alone was what guided me as a mother to
overlook all other advice in whether or not we would try to reconcile.
    Each situation is different and when families have been sued (and
worse), it may vary as to what they can bear; for us, it was more
important to accept-unquestioningly-their wish to return, and wait for
explanations later. Or perhaps never. Their pain at being outside the
circle can only be guessed at; their children's questions,
unanswerable. But we, as parents, owe them the steadfastness of our
positions in maintaining our innocence, and the willingness to welcome
them when they recovered.
    The other solid factor in our families during those bleak years
was the unblinking loyalty of our daughter's mother-in-law; she was
the positive link between us and them, our unswerving ally during the
darkest moments, not against them, but simply for the truth. Our goals
were one: to bring our children and their children, back to the larger
family.
    My husband is recovering, and with the children in his life again,
there is much to be grateful for. I still pray for the families who
are separated, and urge them to never give up trying to make contact;
the need for family support is even more important now than when this
all began. The Foundation is still a much needed source of
information; our thanks are ongoing for its role in keeping us
informed and in hope.
                                                              A Mother

 ______________________________SIDEBAR_______________________________
/                                                                    \
|               Two Powerful (but Questionable) Ideas                |
|               Often Embedded in Clinical Literature                |
|                                                                    |
| The notion of an implicit memory that acts as a virtual recorder   |
| for the sights, sounds, and sensations of early trauma provides an |
| engine that may trigger and steer a search for past trauma. This   |
| notion, however, is misleading. Nowhere is there attached to the   |
| various habits, routines, and repetitive twitches of our lives a   |
| label that identifies them as responses to discrete past events.   |
| Moveover, implicit memory, if that is indeed what these responses  |
| represent, by definition contains no reflections of its            |
| origins. Consequently, one may err twice-once, in assigning to any |
| piece of repetitive behaviour or reaction the potential label of   |
| implicit memory; and twice, in thinking that the origins of an     |
| implicit memory can be found with any reliability. We may then     |
| search where nothing is to be found and in the process create what |
| we have been looking for.  To appear: International Journal of     |
| Psychoanalysis, Review of "Remembering Trauma: A Psychotherapist's |
| Guide to Memory and Illusion" by Phil Mollon, Wiley,               |
|                                                                    |
| The pairing of dissociation with trauma is ... a misleading view   |
| of the evidence. While we can demonstrate a relationship between   |
| trauma and dissociation, that relationship is not nearly as close  |
| or predictable as is needed for clinical inference. The vast       |
| majority of individuals with a penchant for dissociation-the       |
| ability to segment consciousness and be totally absorbed in        |
| stimuli-have no prior experience of trauma, and therefore the      |
| prior existence of trauma cannot be inferred from dissociative     |
| tendencies. More troubling, however, is the fact that all of these |
| individuals are exquisitely suggestible and may readily intuit the |
| unspoken biases and theoretical expectations of important others,  |
| like therapists. ..[A]rmed with a belief in the connection between |
| dissociative states and trauma, we may create what we are looking  |
| for.                                                               |
|                                                 C. Brooks Brenneis |
|                                                                    |
| To appear: International Journal of Psychoanalysis, Review of      |
| "Remembering Trauma: A Psychotherapist's Guide to Memory and       |
| Illusion" by Phil Mollon, Wiley, 1998.                             |
\____________________________________________________________________/

**********************************************************************
                  M A K E   A   D I F F E R E N C E

I am a volunteer State Contact for the FMS Foundation, and as such my
name and number are listed in the Newsletter. I was recently contacted
by a member of a local group who was looking for a speaker for an
upcoming monthly meeting. He asked if I would speak to the group on
false memory syndrome. I am far from being a public speaker, but I
thought it would be a good chance to spread the word about the harm
that can come to families as a result of recovered memory therapy. I
called the Foundation for some help, and I was told that they have
information available for local talks. They provided me with
suggestions, background information, two videos, articles and
handouts. That information, along with the telling of my own story of
a false accusation, made an enlightening presentation (or so I was
told afterwards by many in the audience!)
    I urge our members to reach out and contact local groups such as
Kiwanis, Chamber of Commerce, Skeptics, Junior League, AARP, medical
auxiliaries, etc. about speaking at an upcoming meeting.


**********************************************************************
*                           N O T I C E S                            *
**********************************************************************
*                                                                    *
*                           Hold this date                           *
*                       SUNDAY OCTOBER 3, 1999                       *
*                         Annual Meeting of                          *
*                        Illinois FMS Society                        *
*                                                                    *
**********************************************************************
*                     http://www.FMSFonline.org                      *
*       is the address of the website that FMSF is developing.       *
*            All past newsletters are now available here.            *
*    (The site now has transcripts of many of the therapy session    *
*            tapes presented in evidence at the trial of             *
*                      U.S.A. v Peterson et al                       *
**********************************************************************
*                                                                    *
*                                FREE                                *
*             "Recovered Memories: Are They Reliable?"               *
*     Call or write the FMS Foundation for pamphlets. Be sure to     *
*     include your address and the number of pamphlets you need.     *
*                                                                    *
**********************************************************************
*                          ESTATE PLANNING                           *
*                 If you have questions about how to                 *
*             include the FMSF in your estate planning,              *
*               contact Charles Caviness 800-289-9060.               *
*            (Available 9:00 AM to 5:00 PM Pacific time.)            *
**********************************************************************
*                                                                    *
*                       EXPLORING THE INTERNET                       *
*                                                                    *
*       A new web site of interest to FMSF Newsletter readers:       *
*                   http://www.StopBadTherapy.com                    *
*             Useful information on this site includes:              *
*                                                                    *
* * Phone numbers of professional regulatory boards in all 50        *
*   states.                                                          *
*                                                                    *
* * Links for e-mailing the American Psychiatric Association, the    *
*   American Psychological Association, the American Medical         *
*   Association, and the National Association of Social Workers.     *
*                                                                    *
* * Lists of online and printed resources: links, articles, books    *
*                                                                    *
**********************************************************************
*                         Are you on E-mail?                         *
*               If we don't have your e-mail address,                *
*                         please send it to                          *
*                           vfling@aol.com                           *
**********************************************************************

                _____________________________________
                F M S    B U L L E T I N    B O A R D
     Key: (MO)-monthly; (bi-MO)-bi-monthly; (*)-see Notices above

Contacts & Meetings:
_____________
UNITED STATES

ALASKA
  Kathleen (907) 337-7821
ARIZONA
  Barbara (602) 924-0975; 854-0404(fax)
ARKANSAS
  Little Rock
        Al & Lela (870) 363-4368
CALIFORNIA
  Sacramento
        Joanne & Gerald (916) 933-3655
  San Francisco & North Bay - (bi-MO)
        Gideon (415) 389-0254 or
        Charles 984-6626(am); 435-9618(pm)
  East Bay Area - (bi-MO)
        Judy (925) 376-8221
  South Bay Area 
        Jack & Pat (831) 425-1430
  Central Coast
        Carole (805) 967-8058
  Central Orange County - 1st Fri. (MO) @ 7pm
        Chris & Alan (714) 733-2925
  Orange County
        Jerry and Eileen (909) 659-9636
  Covina Area - 1st Mon. (MO) @7:30pm
        Floyd & Libby (626) 330-2321
  San Diego Area 
        Dee (619) 941-4816
COLORADO
  Colorado Springs
        Doris (719) 488-9738
CONNECTICUT
  S. New England
        Earl (203) 329-8365 or
        Paul (203) 458-9173
FLORIDA
  Dade/Broward
        Madeline (954) 966-4FMS
  Boca/Delray  - 2nd & 4th Thurs (MO) @1pm
        Helen (407) 498-8684
  Central Florida - Please call for mtg. time
        John & Nancy (352) 750-5446
  Tampa Bay Area
        Bob & Janet (813) 856-7091
GEORGIA
  Atlanta 
        Wallie & Jill (770) 971-8917
HAWAII
  Carolyn (808) 261-5716
ILLINOIS
  Chicago & Suburbs - 1st Sun. (MO)
        Eileen (847) 985-7693 or
        Liz & Roger (847) 827-1056
  Peoria
        Bryant & Lynn (309) 674-2767
INDIANA
  Indiana Assn. for Responsible Mental Health Practices
        Nickie (317) 471-0922; fax (317) 334-9839
        Pat (219) 482-2847
IOWA
  Des Moines - 2nd Sat. (MO) @11:30 am Lunch
        Betty & Gayle (515) 270-6976
KANSAS
  Kansas City - 2nd Sun. (MO)
        Pat (785) 738-4840
KENTUCKY
  Louisville- Last Sun. (MO) @ 2pm
        Bob (502) 367-1838
LOUISIANA
        Francine (318) 457-2022
MAINE
  Bangor
        Irvine & Arlene (207) 942-8473
  Freeport -  4th Sun. (MO)
        Carolyn  (207) 364-8891
MARYLAND
   Ellicot City Area
        Margie (410) 750-8694
MASSACHUSETTS/NEW ENGLAND
   Andover - 2nd Sun. (MO) @ 1pm
        Frank (978) 263-9795
MICHIGAN
  Grand Rapids Area-Jenison - 1st Mon. (MO)
        Bill & Marge (616) 383-0382
  Greater Detroit Area - 3rd Sun. (MO)
        Nancy (248) 642-8077
  Ann Arbor
        Martha (734) 439-8119
MINNESOTA 
        Terry & Collette (507) 642-3630
        Dan & Joan (651) 631-2247
MISSOURI
  Kansas City  -  Meeting as called
        Pat (785) 738-4840
        Jan (816) 931-1340
  St. Louis Area  -  call for meeting time
        Karen (314) 432-8789
        Mae (314) 837-1976
  Springfield - 4th Sat. (MO) @12:30pm
        Tom (417) 883-8617
        Roxie (417) 781-2058
MONTANA
  Lee & Avone (406) 443-3189
NEW JERSEY (So.)
  See Wayne, PA
NEW MEXICO
  Albuquerque  -2nd Sat. (MO) @1 pm
  Southwest Room - Presbyterian Hospital
        Maggie (505) 662-7521 (after 6:30 pm)
        Sy (505) 758-0726
NEW YORK 
  Westchester, Rockland, etc.
        Barbara (914) 761-3627
  Upstate/Albany Area
        Elaine (518) 399-5749
NORTH CAROLINA
  Susan (704) 538-7202
OHIO
  Cincinnati
        Bob (513) 541-0816 or (513) 541-5272
  Cleveland
        Bob & Carole (440) 888-7963
OKLAHOMA
  Oklahoma City
        Dee (405) 942-0531
        HJ (405) 755-3816
PENNSYLVANIA
  Harrisburg
        Paul & Betty (717) 691-7660
  Pittsburgh
        Rick & Renee (412) 563-5509
  Montrose
        John (717) 278-2040
  Wayne (includes S. NJ) - 2nd Sat. (MO)
        Jim & Jo (610) 783-0396
TENNESSEE
  Nashville - Wed. (MO) @1pm
        Kate (615) 665-1160
TEXAS 
    Houston
        Jo or Beverly (713) 464-8970
   El Paso
        Mary Lou (915) 591-0271
UTAH
        Keith (801) 467-0669
VERMONT (bi-MO) 
        Judith (802) 229-5154
VIRGINIA
        Sue (703) 273-2343
WEST VIRGINIA
        Pat (304) 291-6448
WISCONSIN
        Katie & Leo (414) 476-0285 or
        Susanne & John (608) 427-3686
_____________
INTERNATIONAL

BRITISH COLUMBIA, CANADA
  Vancouver & Mainland 
        Ruth (604) 925-1539
  Victoria & Vancouver Island - 3rd Tues. (MO) @7:30pm
        John (250) 721-3219
MANITOBA, CANADA
  Winnipeg
        Joan (204) 284-0118
ONTARIO, CANADA 
  London -2nd Sun (bi-MO)
        Adriaan (519) 471-6338
  Ottawa
        Eileen (613) 836-3294
  Toronto /N. York
        Pat (416) 444-9078
  Warkworth
        Ethel (705) 924-2546
  Burlington
        Ken & Marina (905) 637-6030
  Sudbury
        Paula (705) 692-0600
QUEBEC, CANADA 
  Montreal
        Alain (514) 335-0863
  St. Andre Est.
        Mavis (450) 537-8187
AUSTRALIA
        Mike 0754-842-348 
         fax 0754-841-051 
ISRAEL
  FMS ASSOCIATION fax-(972) 2-625-9282 
NETHERLANDS
  Task Force FMS of Werkgroep Fictieve 
  Herinneringen
        Anna (31) 20-693-5692
NEW ZEALAND
        Colleen (09) 416-7443
SWEDEN
        Ake Moller FAX (48) 431-217-90
UNITED KINGDOM
  The British False Memory Society
        Madeline (44) 1225 868-682

          __________________________________________________
          Deadline for the July/August Newsletter is June 15
                  Meeting notices MUST be in writing 
    and should be sent no later than TWO MONTHS PRIOR TO MEETING.

+--------------------------------------------------------------------+
|          Do you have access to e-mail?  Send a message to          |
|                         pjf@cis.upenn.edu                          |
| 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". 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,        June 1, 1999

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 Wiscon-
sin, 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; FRED H. FRANKEL, MBChB, DPM, Harvard University Medi-
cal School,  Boston MA;  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, Phila-
delphia,  PA;  ELIZABETH LOFTUS, Ph.D., University of Washington, Sea-
tle, 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,  Westford, MA;  ULRIC NEISSER, Ph.D., Cornell
University, Ithaca, N.Y.; RICHARD OFSHE, Ph.D., University of Califor-
nia, Berkeley, CA;  EMILY CAROTA ORNE, B.A., University of Pennsylvan-
ia, Philadelphia, PA; MARTIN ORNE, M.D., Ph.D., University of Pennsyl-
vania, 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.,
Washington  University,  St. Louis, MO;  CAROLYN SAARI, Ph.D.,  Loyola
University,  Chicago, IL;  THEODORE SARBIN, Ph.D., University of Cali-
fornia,  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 Uni-
versity, Waco, TX.

**********************************************************************
   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:_____________

PLEASE FILL OUT ALL INFORMATION

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

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

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


______________________________________________________________________
Signature


______________________________________________________________________
Name (PLEASE PRINT)


______________________________________________________________________
Street Address or P.O.Box


______________________________________________________________________
City                                 State         Zip+4


(_____)_____________________________(_____)___________________________
Telephone                           FAX

*  MAIL the completed form with payment to: 
FMS Foundation, 3401 Market ST, Suite 130, Philadelphia, PA 19104-3315

This address and the phone numbers have changed as of July 15, 2000

*  FAX your order to (215) 287-1917. Fax orders cannot be processed 
without credit card information.

**********************************************************************
              V I D E O   T A P E   O R D E R   F O R M
                                 for
               ``W H E N   M E M O R I E S   L I E...
              T H E   R U T H E R F O R D   F A M I L Y
                S P E A K S   T O   F A M I L I E S''

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

                                   DATE:   /   /

Ordered By:                        Ship to:








Please type or print information:
+--------+-----+------------------------------------+-------+--------+
| QUANT- |  #  |            DESCRIPTION             | UNIT  | AMOUNT |
|  ITY   |     |                                    | PRICE |        |
+--------+-----+------------------------------------+-------+--------+
|        | 444 | The Rutherford Family              | 10.00 |        |
|        |     |               Speaks to Families   |       |        |
+--------+-----+------------------------------------+-------+--------+
                                                   SUBTOTAL |        |
                                                            |        |
                                                            +--------+
                                    ADDITIONAL CONTRIBUTION |        |
                                                            |        |
                                                            +--------+
                                                  TOTAL DUE |        |
                                                            |        |
                                                            +--------+

U.S. Shipping & packaging charges are included in the 
price of the video.

FOREIGN SHIPPING AND PACKAGING
  Canada                $4.00 per tape
  All other countries  $10.00 per tape.

Allow two to three weeks for delivery. 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
**********************************************************************