FMSF NEWSLETTER ARCHIVE - March 1999 - Vol. 8, No. 2, HTML version


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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)
March 1999  Vol. 8  No. 2
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ISSN #1069-0484.           Copyright (c) 1998  by  the  FMS Foundation
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    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:
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    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
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IN THIS ISSUE:
    Feld
        Fishman                           The next issue will
            Legal Corner                        combine
                T.                           April and May
                    From Our Readers
                        Bartha
                            Solon
                                Bulletin Board
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Dear Friends,

    Who would have predicted when we started in 1992 that the FMS
Foundation would still be around in 1999? Then, we naively thought
that by identifying a serious problem found in some therapy settings,
the profession would put a stop to it. We thought that professionals
would respond en masse with sympathy to the problem. Instead, many
ignored the clear need for changes in oversight by the profession and
chose instead to "circle the wagons," trying to defend the
indefensible.
    Clearly, we underestimated the depth of the belief system that
fostered the FMS problem. And we misunderstood what it takes for
mental health professionals to make changes.
    We are pleased that there have been some positive changes,
including the statements from professional organizations regarding
recovered memories. We are pleased to see seminars and workshops
warning of the dangers inherent in memory-recovery techniques. But at
the same time, we are disappointed that these seminars have
concentrated on how therapists can avoid being sued, rather than on
what is therapeutically valid or why avoiding such techniques for
memory recovery is in the best interest of patients. We are most
disappointed with the lack of professional effort to help families
reconcile.
    Fewer lawsuits are being brought against parents based on claims
of recovered repressed memories, many journal articles and books are
now available, and the Foundation now receives dramatically fewer
calls and letters from people asking for assistance. The drop is of
such magnitude that we feel that we can finally phase out that part of
the FMSF organization that responded to those calls.
    People are still contacting the Foundation -- about 100 a day
through the web and internet -- in addition to phone and letters. But
the contacts are primarily for information rather than desperate cries
for help in surviving the loss of a child.
    We wish we could say that the time has come for us to close our
doors, but we cannot. As someone once mentioned, "they are hanging
fewer witches now." The FMS problem no longer seems a crisis but it
is still there. The fundamental belief that memories must be recovered
is all around us. One example is an advertisement for a product to
"tap repressed feelings and memories of trauma victims in 7 minutes."
(See Continuing Education Watch p. 5)
    This past month Oprah Winfrey chose to emphasize the romantic view
of multiple personality disorder on a program featuring Cameron West,
author of First Person Plural, a book about his twenty-four
personalities (Robin Williams has purchased the movie rights).
    Even though the producer had been supplied with many articles
about professional skepticism and concerns of over diagnosis of MPD
(now DID) and with articles about former patients who had brought
lawsuits because they believed they had been wrongly diagnosed as MPD,
the program focused only on the drama of being a multiple. Recovering
memories makes good drama. Switching alters makes good entertainment.
    It was science that was ignored in this program. Oprah Winfrey
neglected to mention that the world's most famous multiple, Sybil, now
appears not to have been a multiple at all. And she neglected to
mention that many professionals believe that multiple personality may
be an artifact of the therapy itself. Was that the only way she could
maintain the drama for this show? It seemed participants actually gave
evidence that West's case may be an artifact of his therapy. For
example, Mr. West's wife appears not to have noticed any signs of
multiplicity prior to his being diagnosed as MPD.1

  OPRAH WINFREY: But had you seen it? Had you seen it -- seen the
  different personalities show themselves?

  MRS. WEST: Not-not-not really to-to a great extent at that
  point. The first thing that I saw and the most shocking thing that I
  saw was Cam got up one morning, and it was after we found out......

    And Mr. West, who says that he went to the Ross Institute in
Plano, Texas, had a therapist who ignored the advice of leading
professionals that the way to treat MPD is to avoid dealing with the
alters. In a video segment shown on the program, the therapist talks
to the alters.

  MR WEST: (as Clay, one of Mr.West's alters) You look very pretty
  today.

  DR. JAN CHESS (his therapist): Thank you, Clay.

    The Oprah program is seen by millions of people. In an effort to
get ratings, the people who produce this program and others like it
seem not to care that they exploit psychiatric patients, (though they
are oftimes willing patients who stand to make much money from the
exploitation). They seem indifferent to the fact that they are using
mental illness for entertainment. They seem not to care that they are
presenting a distorted perspective of a mental disorder that may bring
serious harm to vulnerable viewers. As long as our mass media use
mental disorders for entertainment and exploitation of patients, the
FMSF has work to do.
    Misinformation about recovered memories, about memory in general,
is unfortunately widespread still. Ongoing educational effort is
desperately needed if we are to prevent future outbreaks of FMS and
remedy the terrible wrong that brought us together. Being a part of
the Foundation is more than paying dues and reading the newsletter; it
is working together to educate people. And you are doing that in the
current effort to educate about the importance of corroboration of
recovered memories. The new pamphlet with excerpts from professional
statements is now available. In fact, we are already in the third
printing because demand has been so great.
    We have been pleased to see that in addition to the plans that
families have set for distribution, several police departments have
ordered the pamphlet to use in training programs and a number of
professors have ordered them for their students. We have also had
professionals request the pamphlet to distribute at meetings. From the
news this month, it seems that there is need to reach the media and
the judicial system. Please write to us with your ideas for targeted
mailings that will be the focus of phase two of this effort.
    We thank you for your efforts and your ongoing support. By working
together, we help ourselves and we also increase the probability that
our lost children will find a way back to their families.
                                                                PAMELA

1. "A Husband with 24 Personalities" Feb 10, 1999, Oprah Winfrey Show
   (From a transcript prepared by Burrell's Information Service.)

       
 ______________________________SIDEBAR_______________________________
/                                                                    \
| The current issue of the ISSD News begins with these words from    |
| its president, Peter M. Barach, Ph.D.: "The International Society  |
| for the Study of Dissociation is in crisis." There are four        |
| reasons: "First, ISSD and its members have been effective in       |
| spreading information to the larger professional community making  |
| our organizational mission less unique...Second, many of the       |
| smaller professional associations in the mental health field have  |
| suffered declines in membership...Third, some therapists have left |
| the field due to the barrage of media attacks on dissociative      |
| disorders and the fear of litigation...Fourth, there may have been |
| some dissatisfaction with ISSD itself, such as the failure of our  |
| former official journal [Dissociation] to publish on schedule."    |
|                                                                    |
| Dr Barach thus leaves out what most consider the single overriding |
| reason, namely the identification of the ISSD with satanic panic.  |
| The major conferences on how to recover "memories" of satanic      |
| ritual abuse (SRA) were ISSD conferences and the best known        |
| proponents were ISSD officers. The ISSD has never had a conference |
| on the problem of hysteria in its own ranks. Instead it issues     |
| press releases in defense of the SRA practitioners under           |
| indictment in Houston. And Dr. Bennett Braun, he of the $10.6      |
| million settlement in Chicago, remains on the masthead of the ISSD |
| News.                                                              |
\____________________________________________________________________/

      +--------------------------------------------------------+
      |                     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, August Piper |
      |  RESEARCH: Michele Gregg, Anita Lipton                 |
      |  NOTICES and PRODUCTION: Ric Powell                    |
      |  COLUMNISTS: August Piper, Jr. and                     |
      |      members of the FMSF Scientific Advisory Board     |
      |  LETTERS and INFORMATION: Our Readers                  |
      +--------------------------------------------------------+

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                     BUT IT'S IN THE DSM (Part 5)
                              FMSF Staff
                   ________________________________
                   Survey Reports Lack of Consensus
                 Among Board-Certified Psychiatrists
              on DSM-IV Dissociative Disorders Diagnosis

       Pope, H. G., Oliva, P.S., Hudson, J.I.,Bodkin, J.A. and
                         Gruber,A.J. (1999).
      "Attitudes toward DSM-IV Dissociative Disorders Diagnoses
            among Board-Certified American Psychiatrists."
      American Journal of Psychiatry, 156:2, Feb. 1999. 321-323.  
An all-too-familiar but unsubstantiated claim is that diagnoses such
as Dissociative Identity Disorder (DID) and Dissociative Amnesia (DA)
are "generally accepted" in the field of psychiatry because they are
listed in DSM-IV. Those who make this claim may accept DSM-IV's self-
proclaimed declaration that their diagnostic criteria "reflect a
consensus of current formulations of evolving knowledge in our field"
[cited by the authors (p.321)].  But is there really a consensus? And
are these two diagnoses generally accepted in the field of psychiatry?
   Harrison Pope, Jr. and his colleagues at the Harvard Medical School
have now published the first study which has actually tested whether
there is such a consensus among board-certified American psychiatrists
regarding these two diagnoses. Both their random sampling technique
and unusually high rate of returned questionnaires (82%) suggest that
the results of this research should be taken seriously. Only about 35%
of the respondents replied that these diagnoses (DID and DA) should be
included in the DSM without reservation. Should that minority
percentage be considered a consensus? A higher percentage (DID 43% and
DA 48%) felt these diagnoses should be included, but only with
reservations such as inclusion only as "proposed" diagnoses.
    Fewer than a quarter of the respondents reported that they
believed that "strong evidence of validity" is available for DID (21%)
and DA (23%). For some, this can and should be troubling. Note that
35% state that DID and DA should be included in DSM-IV without
reservation. Yet only 23% or 21% of this very same sample claim there
is strong evidence of validity. It seems reasonable to question what
precisely leads some psychiatrists to express the belief that these
diagnoses should be included in DSM-IV without reservation when they
themselves question their validity.
    The article describes statistical tests that were used to
determine if there was any association between acceptance of DID and
DA diagnoses without reservation and other demographics. Only one
variable was found to be statistically significant in predicting which
psychiatrists accept these diagnoses without reservation: theoretical
orientation. Psychodynamic psychiatrists were more likely to believe
that these diagnoses should be included without reservation.
    Recognition that there is a current lack of consensus on these two
diagnoses in psychiatry raises important questions. Should courts be
persuaded to consider these diagnoses credible because they are in the
DSM-IV? Should therapists use DSM-IV definitions to inform their
practice? Should clients trust and accept these diagnoses? Should
insurance and tax dollars be expended to treat these questionable
diagnoses?
    Pope and his colleagues conducted their research to address the
question: What is the actual degree of consensus regarding DID and DA?
In light of the lack of consensus demonstrated by their results, the
questions above seem appropriate.

       +-----------------------------------------------------+
       | "It's an indicium of witchcraft to defend witches." |
       |                       Martin Del Rio (16th Century) |
       +-----------------------------------------------------+

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                       ESSAY ON RECONCILIATION
             TO TALK OR NOT TO TALK, THAT IS THE QUESTION
                              Allen Feld

Patterns of family communication are of interest to more than
academics, researchers and text book authors. Many families who read
the Newsletter are also very interested in communication patterns. A
review of letters from families in back issues provides dramatic
evidence of the various approaches that families have taken in
communicating with their accusing children. These letters evidence
strong opinions and the writers' successes or failures with their
chosen approach.
    What I believed to be common sense about communication some six
years ago may not be that "common" now. Six years ago, people with
whom I spoke were unanimous that there would surely need to be
discussion about the accusations when an accusing daughter or son
returned. (These were people without contact at the time.) I believed
that too, but I speculated that family history and family patterns of
communication, particularly the manner in which families handled
conflict or disagreement, would be mirrored in the conversations
around accusations and reunification. The question, "Does there need
to be discussion?" continues to be raised in some form by members of
the Foundation.
    I now believe that while family communication patterns may indeed
be highly relevant, they are only part of the picture of what and how
much may be discussed when a family reintegrates. This recent belief
can be traced to the changing picture of family unification I have
formed after many more conversations with families who have returners
and retractors. It seems that the interplay of the needs, desires
and/or wishes of the family are also key elements in how and if the
accusations are ultimately discussed. Using an anecdotal collage of
conversations with families over the past several years, I'll attempt
to illustrate the essence of these discussions.
    Some parents express a strong desire to have contact, whether or
not conversations about the accusations take place. For some, in fact,
I sense that discussions about the accusations may even be avoided for
fear of derailing the family reunification or because of apprehension
about the stress and discomfort of what might be an intense
discussion. Some parents may have faith (or, perhaps, hope) that a
retraction may come later, or feel that retraction isn't as important
as seeing and being with their daughter or son. For some,
reunification also means renewal of contact with (or meeting)
grandchildren, who are so important and were so sorely missed.
    Aging may also be a contributing factor in determining the nature
of any conversations that may develop. As people age and begin to come
to terms with their own mortality, perhaps the desire to have the
family unified becomes a higher priority than dealing with issues that
separate the family. I have spoken with some parents who express this
kind of thinking in a variety of ways. For example, when illness has
seemed to lead to reunification, dealing with that illness may have a
greater familial priority than the accusations.
    Logistics and financial reasons may also play a role in deciding
to reunite without discussing accusations. Or perhaps parents
recognize that they remain parents regardless of their age or their
children's ages. It may be that the parental role is felt to be
extremely important as a defining and featured aspect of their adult
life. If parents believe a child is hurting, they respond
spontaneously to lessen the hurt. After all, parents are accustomed to
responding automatically to a perceived need for help by offspring.
    I also speculate about the influence of generational differences
that society has witnessed in the role communication plays in human
relationships. Open communication in the family and the work place
seems to be strongly endorsed by "experts." That mantra has found its
way into text books, magazines, television talk shows and radio
call-in shows. Younger generations may have had greater exposure to
that notion.
    Simultaneously, society has witnessed greater challenges to its
major institutions (e. g. government, religion, education, etc.).
Perhaps parents adhere to earlier notions of communication in the
family and pay more attention to generational boundaries. However,
this speculation doesn't seem to account for the younger generation's
(the accusers) failure to initiate discussions. Perhaps a partial
explanation is that the plea for open communication has yet to be
fully accepted by many while the risks inherent in
"open-communication" are becoming more apparent. Additionally, the
recommendation that open communication is important in enhancing
relationships often has been asserted without full exploration of the
risks involved.
    These thoughts are provided as illustrations and by no means are
intended to be all inclusive. I believe factors like these, and others
unique to each family, interact to form the basis for the pattern of
communication that may evolve. I also conclude that it would be both
wrong and a serious error for me to suggest how (or, if) a family
should, or needs to, communicate, or that there is an ideal approach
in dealing with reunification.
    It would be even more inappropriate to make value judgments about
the communication pattern that develops in a particular reunifying
family. Like so much of the familial uncertainty created by false
memories and accusations, how communication evolves in any family is
unique to and controlled by each family. It might be that the
uniqueness of these kinds of family contact will become the basis for
new theories on handling severe family conflict.

  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.

          +------------------------------------------------+
          |             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        |
          +------------------------------------------------+

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                        SECOND GENERATION FMS:
                       Much Remains to Be Done
                          by Howard Fishman

While much headway has been made in debunking the "junk science"
promoted by "recovered memory" proponents and the number of reported
cases has decreased significantly, we are far from out of the woods of
ignorance. Three cases in which I have recently testified or
consulted involve what can aptly be described as "second generation
FMS."
    In short, each of these cases involves a woman who "recovered"
memories of childhood sexual abuse (with concomitant Satanic Ritual
elements in two of them). None of the women made allegations or
brought charges regarding their "abuse." Instead, they seemed to
infect children with their beliefs and caused accusations to be made
against individuals I believe are innocent.
    A man in Pennsylvania was indicted on 3,272 counts of child sexual
abuse based on "disclosures" by his step-son and step-daughter. In
addition to questionable testimony by a prominent pediatrician and a
state police investigator, it was revealed at trial that the
biological father's new girlfriend had convinced the step-daughter
that the defendant molested her. Records showed that the mother
"taught" her daughter that such memories cannot be handled by the mind
and are, therefore, frequently repressed. The step-daughter, who felt
abandoned and betrayed when her step-father left the home, interpreted
her angry feelings as confirmation of her molestation. She recruited
her brother and the charges were laid. After a four-day trial, the
jury took less than thirty minutes to find the defendant not guilty.
    In the Midwest, a successful attorney married a woman with a
significant family history of psychiatric illness. Over a period of
several years, the wife's behavior became increasingly bizarre. She
entered "recovered memory therapy" and came to believe that she
suffered from Multiple Personality Disorder, had been sexually abused
by her family, and was subjected to barbaric rituals by a cult.
    A bitter divorce and custody battle ensued. The couple's young
daughter then accused her father of sexual abuse. He was convicted and
sentenced to a lengthy jail term. An appeal is pending.
    In rural Virginia, a man was tried and convicted for molesting his
three biological children. The "evidence" consisted of his wife's
testimony that she had "suspected him" for some time, the scripted
testimony of the children (some of their wording was identical and
unusual), and the "vision" of the family's pastor revealing that the
father had indeed committed the heinous act. The pastor reported his
"vision" to the congregation (before the trial) as he excommunicated
the father from the church. The medical "findings" in this case were
soundly critiqued by the state's foremost expert on child sexual
abuse. The defense was able to obtain copies of e-mail messages from
the mother to the pastor describing her "recovered memories."
Sentencing has not yet taken place. An appeal is planned.
    Those who were victimized by ill-informed therapists and have
regained their reason offer us encouragement. We need be aware,
however, that the damaging seeds planted by "recovered memory"
therapists continue to haunt and hurt innocent families.

  Howard Fishman, M.Ed., MSW, is a consultant and expert witness in
  the areas of child abuse, custody, standards of mental health and
  child protection practice, and credibility of children's testimony.

+--------------------------------------------------------------------+
| The Directors and Members of the FMS Foundation thank Elliot and   |
| Eleanor Goldstein for providing us with the Recovered Memory       |
| pamphlets.                                                         |
|                                                                    |
| We were pleased, but not surprised, to note that the Goldsteins    |
| were honored at this year's American Library Association meeting   |
| for their contributions and partnerships with the New York City    |
| Public Libraries,.and for their support of lifelong literacy.      |
+--------------------------------------------------------------------+

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                      CONTINUING EDUCATION WATCH

The belief that "repressed memories" of trauma exist, that they leak
and cause symptoms, and that therapists have the special talents to
find them abounds. Two examples that came across our desk this month:

       "Tap repressed feelings and  memories of trauma victims
                            in 7 minutes."

An advertisement for "Walker Visuals" a set of four ambiguous
photographic images used as a projective technique sold by Multi-
Health Systems, Inc.

  "TIR, or Traumatic Incident Reduction, is a systematic method of
  locating, reviewing and resolving traumatic events. Once a person
  has used TIR to fully and calmly view a painful memory or chain of
  related memories, life events no longer trigger it and cause
  distressing symptoms" Traumatic Incident Reduction home page.

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                            MODEL MUGGING

In an announcement for a Boston, April 8, 1999 workshop directed by
Bessel van der Kolk called "Frontiers of Trauma Treatment," we read of
a technique for dealing with "a preoccupation with the trauma" that we
had not before encountered: "Model Mugging." Perhaps readers will
further enlighten us. To date, we have the following information on
Model Mugging from Mark Pendergrast:

  While conducting research for my book, Victims of Memory, I
  interviewed a therapist who taught something called "Model Mugging."
  He dressed in a heavily padded outfit so that women could attack him
  without hurting him. Then he would pretend to be a rapist, and women
  would be encouraged to attack him. It seemed reasonable enough for
  women taking a class in self-defense, but this therapist told many
  women that their repressed memories of sexual abuse might be
  "triggered" during a Model Mugging event. Thus cued, many of them
  did "remember" previously unknown events, or at least they
  experienced a high level of anxiety that they interpreted as "body
  memories" or the like.

    This same workshop has among its faculty Robert Post, M.D. Chief,
Biological Psychiatry Branch, National Institutes of Mental Health.
His participation seemed unusual in the context of the program
announcement notes that the new treatment options of hypnosis, body
oriented therapies and EMDR will be introduced for dealing with
dissociated traumatic memories that "may be inaccessible to verbal
recall or processing."

 ______________________________SIDEBAR_______________________________
/                                                                    \
| "If you have been emotionally cut off from a family member, it can |
| be an act of courage simply to send a holiday greeting. Keep in    |
| mind that people, like other growing things, do not hold up well   |
| in the long run when severed from their roots. If you are          |
| emotionally disconnected from family members, you will be more     |
| intense and reactive in other relationships. An emotional cut off  |
| with an important family member generates an underground anxiety   |
| that can pop up as anger somewhere else. Be brave and stay in      |
| touch."                                                            |
|                                Dance of Anger. Harriet Gold Lerner |
\____________________________________________________________________/

*********************************************************************
                       L E G A L   C O R N E R
                              FMSF Staff
      _________________________________________________________
      Courts deny Crime Victims and Worker's Compensation Funds
                   to "repressed memory" claimants
All 50 states have created a Victims Crime Compensation Fund to assist
victims of crimes with medical or counseling costs or to compensate
them for a temporary inability to work as the result of a crime.[1]
Initially these funds were set up to assist victims of violent crime
with medical and other related services not covered by insurance or
other benefit programs.
    A few states permit individuals who claim previously repressed
memory of childhood sexual abuse to seek compensation under the
state's Crime Victim Act. Our research could find only one state
(Washington, RCW 7.68.060-3) to formally amend its crime victims act
to allow repressed memory claims. In other states, disbursements are
apparently made at the discretion of state case workers. Taxpayers in
these states have questioned whether public moneys should be spent to
compensate past and future therapy for persons claiming to be the
victim of a crime based only on a "repressed memory" with no objective
evidence that a crime was ever committed.
    In New York State, for example, disbursements were made to a
repressed memory claimant who had undergone questionable treatment
practices including hypnosis, regression, and guided imagery. In this
case the claimant received compensation, the accused is listed as a
perpetrator, and his home listed as a crime scene without even a
rudimentary investigation being conducted. No one who might have
provided information about the claims was ever contacted: neither the
accused person, other family members, or the claimant's
pediatrician. The claimant, however, reported to a family member that
she felt her memories had been "validated" because the state awarded
her the funds. (FMSF Legal Survey)
    In 1997 The Justice Committee, a California watchdog group,
investigated state policies that allowed payment of funds through the
California Victims of Crime Fund to a mother and her daughter even
after it was shown that there was no crime and no victim and that the
father had been accused of child abuse in the wake of a nasty custody
dispute.
    The appropriateness of payments for counseling costs in repressed
memory cases was soundly criticized in the one state that had
statutorily allowed such claims. In 1996, the Washington State
Department of Labor and Industries reviewed its files of repressed
memory claimants and concluded that the therapeutic treatment given
them is neither safe nor effective.[2] An additional problem, the
report noted, arose because the validity of the retrieved memories has
not been proven and the theory upon which such treatment is based is
controversial. In fact, the Washington State Department of Labor and
Industries concluded that "such 'memory retrieval' therapy may be
making people worse."
    Taxpayers have argued that because the therapy procedures
associated with many so-called recovered memories are capable of
producing false memories, the accuracy of "recovered memories" cannot
be determined without corroboration, and because "repressed memory
therapy" has not been shown to be safe or effective, public moneys
should not be disbursed -- especially without objective corroboration
that a crime was committed.

[1] Sarnoff, S. (1993) "A national study of policies and
    administrative methods of state crime victim compensation
    programs," Dissertation, Adelphi University School of Social Work:
    Sarnoff, S. (March 1997) "Victim compensation and 'recovered
    memory syndrome,'" FMSF Newsletter.

[2] Report to the Mental Health Subcommittee, Crime Victims
    Compensation Program, Department of Labor and Industries, State of
    Washington, Crime Victims' Compensation and Repressed Memory,
    dated May 1, 1996. The average cost of the repressed memory claims
    was shown to be approximately 5 times higher than the average cost
    of other mental health claims that did not involve repressed
    memory, Despite the increased cost to the state fund, the report
    noted that in all areas surveyed (e.g., suicidal ideation,
    hospitalization, self-mutilation, employment status, marriage
    stability) the condition of the repressed memory claimants
    deteriorated throughout their 3 to 5 years of treatment.

Recent appellate reviews in two states have affirmed compensation
board decisions to deny benefits to repressed memory claimants:

WASHINGTON STATE: Department of Labor and Industries of the State of
Washington v. Denny, 969 P.2d 525 (Wash. App., 1999), dated January
11, 1999.
    A Washington State appellate court affirmed a lower court ruling
that denied benefits to a woman who claimed recovered repressed
memories had so disabled her that she was unable to work. Patricia
Denny sought payments from the Crime Victims Compensation Fund for
time loss compensation due to a temporary disability. Denny claimed
that in 1992 she recovered repressed memories of sexual molestation
that had occurred 23 years earlier when she was 4 years old. She
submitted that she was unable to work because she was suffering from
PTSD for the year following the alleged recovery of those memories.
    The court held that under Washington statute, only persons
employed at the time of the criminal act were eligible for benefits.
The criminal act occurs when the crime is committed and not, as Denny
argued, when the victim may become conscious of a repressed memory of
the crime.

Christensen v. Department of Labor and Industries of the State of
Washington, 1997 Wash. App. LEXIS 1463, unpublished, Sept. 2, 1997.
    A Washington appellate court affirmed denial of benefits under the
Washington Victim's Compensation fund in a case involving a repressed
memory claim of sexual abuse 20 years earlier. The court held that
claimant was not eligible to receive benefits because she was an adult
at the time of the alleged assault and because she had not reported
the alleged crime within one year.

NEW YORK STATE: In re: Mary Gullo v. Southern Erie Clinical Services,
Workers' Compensation Board, 1999 N.Y. App. Div. LEXIS 957, dated
February 4, 1999.
    A New York Appellate Court affirmed a decision of the New York
State Workers' Compensation Board that denied workers' compensation
benefits to a woman who claimed that she began to experience
flashbacks to her own repressed memories of childhood abuse that were
triggered by her work as a counselor. The court concluded that the
woman did not suffer a "work-related accident."
    The woman, described by the court as a recovering alcoholic with a
history of childhood abuse, began experiencing symptoms of anxiety and
depression, as well as flashbacks of childhood sexual abuse after
working for a year as an alcoholism counselor at a treatment center.
She entered psychological counseling that included regression therapy.
During the following 2 years of therapy, the woman's work performance
suffered significantly, she was unable to meet the demands of her
position despite repeated admonitions from her supervisor, and she
finally resigned from her position upon learning that she would not be
recommended for permanent status.
    The appellate court found that the Board's decision to deny
benefits was supported by substantial evidence that a combination of
difficulties in the woman's private life could have caused the
pressure she felt from the demands of her position. In addition, the
court noted that expert testimony suggested that the regressive
therapy undergone by the claimant while still employed "may have
caused her disorder by creating a self-fulfilling prophecy."

                    ______________________________
                    South Carolina Appellate Court
      Holds Discovery Rule May Apply to Repressed Memory Claims
              Moriarty v. Garden Sanctuary Church of God
          1999 S.C. App. LEXIS 9, entered January 18, 1999.
In January 1999, a South Carolina appellate court held that the
discovery rule may toll the statute of limitations in a repressed
memory case, that "independently verifiable objective" evidence is
mandated in every case, and that expert opinion testimony is required
to prove the abuse and the repressed memory. The decision also
included a lengthy section of dicta (observations not binding as legal
precedent) in which it accepted the theory of repression. The case,
which was brought by a 24-year-old woman who believed she had
recovered memories of sexual abuse from age 2 to 4 at a church
operated day care, was remanded to the trial court for further
proceedings.

    Some of the facts in this case should raise questions of the
reliability of the repressed memory claim:

  The claimant alleges recovered memories from early childhood,
  between ages 2 and 4.

  Plaintiff's "memories" of abuse apparently developed after she
  visited several of the day care centers she had attended 20 years
  earlier. She said she felt "strong reactions" while visiting one
  day care and later while looking at photographs of the people who
  had worked there.

  The plaintiff relied on expert opinion that the supposed sexual
  abuse was the origin of her psychological difficulties (including
  depression and obsessive thoughts) as an adult.

    The South Carolina court did not address these concerns however,
and wrote, "[w]e express no opinion as to the viability of Moriarty's
case and leave this issue to further proceedings." Instead, the court
recognized the general theory of repressed memory and outlined the
posited mechanism for memory repression. In doing so the court did not
rely on scientific studies or statements of professional
organizations.[3] Instead, statements from law review articles that
summarized the premise behind the theory of repression were repackaged
by the court so that it appeared that each of the authors supported
the notion of repression. The court did not even allude to the fact
that most of the law review articles cited recognized the
controversial nature of repressed and recovered memories of childhood
sexual abuse and urged caution before admitting repressed memory
claims into court.
    The court viewed expert witness testimony as a kind of "safety
net" at trial to overcome the danger of suggestive and implanted
memories and ruled that "a plaintiff's testimony regarding recovered
memories of abuse may not be received at trial absent accompanying
expert testimony on the phenomenon of memory repression." Expert
testimony is required, the court said, because repressed memory
syndrome is an area outside the common knowledge of most jurors,
citing Barrett v. Hyldburg, 487 S.E.2d 803 (N.C.App. 1997) and State
v. Hungerford, 697 A.2d 916 (N.H. 1997). The court also ruled that
expert opinion testimony is required to prove that the memory was
actually repressed.
    The court held that "the discovery rule may toll the statute of
limitations during the period a victim psychologically represses her
memory of sexual abuse." (emphasis added) However, the court ruled
that in every case "independently verifiable objective" evidence is
required for the application of the discovery rule. After discussing
similar decisions by the Supreme Courts in Texas and Utah and by a
federal court applying South Carolina law,4 the court listed the kinds
of evidence that would satisfy the objective corroboration
requirement. The list includes: evidence of an admission of the abuser
or a criminal conviction, medical confirmation of childhood sexual
abuse, or an objective eyewitness's account. To this list of objective
evidence that may corroborate the plaintiff's story, the majority also
added the definition of circumstantial evidence: "proof of a chain of
facts and circumstances having sufficient probative force to produce a
reasonable and probable conclusion that sexual abuse occurred."
    A dissenting opinion (in part), discussed the contradiction
implicit in the majority ruling: "By allowing plaintiffs in repressed
memory cases to corroborate their claims through circumstantial
evidence, I believe the majority opinion eviscerates the very
corroboration requirement it seeks to impose." The dissent also took
issue with the majority's inclusion of expert testimony that
"behavioral changes or unexplained fears ...may inferentially
establish that something happened to the plaintiff." This expert
testimony, the dissent wrote, represents circumstantial evidence and
cannot be considered objective, verifiable evidence that the plaintiff
was sexually abused.
    Defense counsel has petitioned the appeals court to reconsider its
decision in light of the confusion engendered by allowing the use of
circumstantial evidence to meet the court's objective corroborative
evidence requirement.

[3] The court did repeat an erroneous summary of the American
    Psychiatric Association (1993) report found in U.S. District Court
    decision, Shahzade v. Gregory, 923 R.Supp. 286 (D. Mass. 1996).
[4] S.V.v R.V., 933 S.W.2d 1 (Tex. 1996); Olsen v. Hooley, 865 P.2d
    1345 (Utah 1993); Roe v. Doe, 28 F.3d 404 (4th Cir. 1994),
    concurring.

 ______________________________SIDEBAR_______________________________
/                                                                    \
|                  Dissociative Defense Mechanisms,                  |
|               the Theory of "Robust Repression," and               |
|                        Victims of Disasters                        |
|                                                                    |
| In discussing the theory of repression, a South Carolina appeals   |
| court, Moriarty, stated that "many child sexual abuse victims      |
| develop dissociative defense mechanisms similar to those observed  |
| in combat veterans and victims of other atrocities." The court     |
| seemed to be unaware that "dissociative defense mechanisms" are    |
| not equivalent to massive or robust repression. In fact, there is  |
| no evidence of repressed memory loss among these groups.           |
|                                                                    |
| Several studies of victims of traumatic events such as natural     |
| disasters and wars found that these individuals may suffer "memory |
| distortions" (e.g.  the forgetting of details or problems pushing  |
| aside intrusive memories of the events). One recent meta-analysis  |
| of 63 studies that questioned some 10,000 victims of traumatic     |
| events such as concentration camps, explosions, natural disasters, |
| or physical and sexual abuse, found that none were reported to     |
| have lost their memory for the trauma.[1] In an additional 12      |
| studies, any "non-reporting" is generally believed to be explained |
| by other mundane causes that did not require an explanation of     |
| repression or dissociative amnesia.                                |
|                                                                    |
|[1]Pope, J., H.G., Hudson, J.I., Bodkin, J.A. & Oliva, P.(1998),|
|     "Questionable validity of 'dissociative amnesia' in trauma     |
|     victims," British Journal of Psychiatry, 172:210-215. See also |
|     Piper, A. (1998) "Repressed memories from World War II:        |
|     Nothing to forget," Professional Psychology, Research and      |
|     Practice, 29:5:476-478.                                        |
\____________________________________________________________________/

 ______________________________SIDEBAR_______________________________
/                                                                    \
|      Dissociative Amnesia and the Theory of Robust Repression      |
|                                                                    |
| Inclusion of the diagnosis of Dissociative Amnesia in the DSM-IV   |
| has been suggested by some as evidence that both "Dissociative     |
| Amnesia" -- and by extension "robust repression"-- have attained   |
| general acceptance within the field. Unlike the South Carolina     |
| appellate court in Moriarty, many higher courts have recognized    |
| that there is no general acceptance of the proposition that memory |
| for a category of experiences can be lost while all other          |
| autobiographical memory remains intact. For example, the New       |
| Hampshire Supreme Court, after a careful review of relevant        |
| scientific studies, concluded that "Discrete memory repression is  |
| a different physiological phenomenon from psychogenic amnesia,     |
| where the victim or witness of an extremely traumatic event        |
| temporarily may forget ordinary personal details, such as name and |
| address, in addition to the details of the traumatic event."[1]    |
|                                                                    |
| Other courts found that a claim of Dissociative Amnesia did not    |
| confer on an alleged memory loss the reliability needed either to  |
| overcome a Frye/Daubert challenge or to toll the statute of        |
| limitations.[2] Many courts have noted the elusive definitions for |
| "repression" and "dissociation."  They have focused on the lack of |
| scientific proof for the functional statement of "repression,"     |
| i.e., the mind's ability to erase a discrete memory from           |
| consciousness, and to maintain that memory, without its            |
| degeneration or modification, until a cue prompts the memory to    |
| reappear later, intact.                                            |
|                                                                    |
| Many memory researchers and theorists have examined the supposed   |
| link between "dissociation" and the massive memory loss on the     |
| scale posited under the "repression" theory. It is well accepted   |
| that dissociation does not necessarily produce amnesia of repeated |
| stressful events.  For example, persons who have been trained to   |
| dissociate to cope with painful repeated medical treatments, using |
| a known dissociative technique, hypnosis, do not develop amnesia   |
| for these procedures.[3]                                           |
|                                                                    |
| Dissociative Amnesia is quite rare, but may occur temporarily in   |
| the presence of continuing stress.[4] It is often associated with  |
| physical injury to the brain. Published examples of dissociative   |
| amnesia do not involve the excision from memory of all knowledge   |
| of a series of events (as posited by the repression theory).       |
| Another memory phenomenon commonly confused with repression is     |
| selective amnesia which occurs when someone forgets the details of |
| a frightening, traumatic event. In this case, the memory loss may  |
| result when the terror of the experience disrupts the biological   |
| process of storing the information. An event that was never        |
| encoded cannot be repressed. Dr. John Kihlstrom, an expert in      |
| memory and memory failure, concluded that "the available research  |
| does not support claims -- such as that traumatic stress typically |
| induces dissociative or repressive processes resulting in amnesia, |
| or that children subjected to repeated trauma engage in defensive  |
| dissociation."[5]                                                  |
|                                                                    |
| The DSM itself mentions the disagreement regarding the diagnosis   |
| of Dissociative Amnesia: "some believe that the greater awareness  |
| of the diagnosis (of dissociative amnesia) among mental health     |
| professionals has resulted in the identification of cases that     |
| were previously undiagnosed.  In contrast, others believe that the |
| syndrome has been over diagnosed in individuals who are highly     |
| suggestible." at 479. A recent survey of psychiatrists regarding   |
| the diagnosis of Dissociative Amnesia found that 57% of the        |
| psychiatrists believed that the diagnosis of Dissociative Amnesia  |
| should not be included in the DSM or included only with            |
| reservations as a "proposed diagnosis."[6] Two-thirds of those     |
| surveyed believed there was no, or only partial, evidence for the  |
| validity of the Dissociative Amnesia diagnosis.                    |
|                                                                    |
| [1] State v. Hungerford, 697 A.2d 916 (N.H., 1997).                |
| [2] Barrett v. Hyldburg, Superior Court, Buncombe Co., North       |
|     Carolina, No. 94 CVS 793, following Barrett v. Hyldburg, 1997  |
|     WL 43876 (N.C., 1997).  (Following an evidentiary hearing, the |
|     court concluded that there is no general acceptance for the    |
|     validity of the theory of repressed memory whether it is       |
|     termed "repressed memory," "dissociative amnesia," or          |
|     "traumatic amnesia."); Hearndon v. Graham, 710 So.2d 87        |
|     (Fla.App. 1998), (Plaintiff, 32, had alleged "traumatic        |
|     amnesia or a related syndrome" led to a memory loss of sexual  |
|     abuse from age 8-15.  Court affirmed dismissal and certified   |
|     the question of whether a claim of traumatic amnesia tolls the |
|     statute of limitations.); Nuccio v. Nuccio, 1996 Me. LEXIS 82, |
|     (Plaintiff alleged "traumatic amnesia prevented her from       |
|     remembering repeated sexual abuse from age 3-13. Court         |
|     affirmed dismissal, holding that claims accrue at the time of  |
|     the alleged abuse or at the age of majority.); Guerra v.       |
|     Garratt, 1997 Mich. App. LEXIS 92, (Plaintiff alleged a 20-    |
|     year memory loss of sexual abuse during her teen years due to  |
|     "psychogenic amnesia." Court affirmed dismissal, holding that  |
|     plaintiff's explanation of "psychogenic amnesia" is            |
|     indistinguishable from "repressed memory" with respect to      |
|     whether it constitutes a basis for applying the discovery      |
|     rule.)                                                         |
| [3] Dinges, D.F., Orne,E.C, Bloom,P.B. et al. (1994), "Medical     |
|     self-hypnosis in the adjunctive management of organic pain: A  |
|     prospective study of sickle cell pain," Presented at the NIH   |
|     Workshop on Biobehavioral Pain Research, Rockville, MD,        |
|     Jan.19.                                                        |
| [4] Merskey, H. (1995), "Post-traumatic stress disorder and shell  |
|     shock," in G.E. Berrios and R. Porter (eds.), A History of     |
|     Clinical Psychiatry, New York: New York University Press.      |
| [5] Kihlstrom, J.F. (1997) "Suffering from reminiscences: Exhumed  |
|     memory, implicit memory, and the return of the repressed," in  |
|     Conway, M. (ed.)  Recovered Memories and False Memories,       |
|     Oxford: Oxford University Press.                               |
| [6] See discussion, this newsletter p 3. Pope, H.G., Oliva, P.S.,  |
|     Hudson, J.I, Bodkin, J.A., and Gruber, A.J. (1999) "Attitudes  |
|     towards DSM-IV Dissociative Disorders diagnoses among board-   |
|     certified American psychiatrists," American Journal of         |
|     Psychiatry, 156:2:321-323; Pope, H.G., Hudson, J.I., Bodkin,   |
|     J.A. & Oliva, P. ,(1998) "Questionable validity of         |
|     'dissociative amnesia' in trauma victims," British Journal of  |
|     Psychiatry, 172:210-215.                                       |
\____________________________________________________________________/

               _______________________________________
               Criminal Trial Against Texas Therapists
            Ends in Mistrial after Juror Disqualification
             United States of America v. Peterson, et al.
        U.S. Dist. Ct., Southern Dist., Texas, No. H-97-237.5
On February 9, as the trial entered its sixth month, U.S. District
Judge Ewing Werlein, Jr. announced a mistrial in a criminal case
against 4 therapists and a hospital administrator charged with
insurance fraud. The indictment charged the defendants with improperly
employing hypnosis, drugs, isolation, and other techniques (during
which the defendants' patients recovered false memories of sexual and
ritual abuse) in order to prolong unnecessarily the patients'
hospitalizations so that the defendants could continue to collect
insurance payments. The mistrial was announced after a juror who had
inadvertently had contact with a prospective defense witness was
disqualified.
    The trial began September 9 with 12 jurors and 4 alternates, but
the dismissal for various reasons of five panelists, including two
during the second week in February, left only 11 jurors to hear the
case. While a jury of 11 can return a verdict in federal felony
criminal trials, both sides must agree to continue the trial with the
smaller jury panel. The prosecution said it was willing to go forward,
but defense attorneys have objected to such a jury. Judge Werlein set
a March 3 hearing to consider motions from both sides regarding
further action in the case.
    After the mistrial was declared, some jurors acknowledged that
they were unfamiliar with the details of the indictment. Several said
that they believed there was evidence of malpractice and that they
were troubled by the lengthy hospital stays and the diagnoses of
satanic ritual abuse and MPD. One commented that he had yet to be
convinced beyond a reasonable doubt with a clear money trail that an
insurance fraud conspiracy had taken place.
    The case had been expected to continue into late March or early
April. In all, more than 28 witnesses had been called by the
prosecution. Several former patients testified they became convinced
during therapy in the early 1990s that they suffered from multiple
personalities and repressed memories of satanic ritual abuse. Many
said they now believe the memories were false and were induced during
therapy. Portions of 50 tape-recorded therapy sessions and thousands
of pages of medical records were introduced by prosecutors. The
defendants, who worked at the former Spring Shadows Glen psychiatric
hospital in the early 1990's, are: psychologist Judith Peterson,
psychiatrists Richard Seward and Gloria Keraga, therapist Sylvia
Davis, and hospital administrator George Mueck.
                                                                    
 ______________________________SIDEBAR_______________________________
/                                                                    \
| "Each time we re-member we remake the memory, literally, in terms  |
| of brain processes. Which is why 'false memories,' even if they    |
| only got there a few weeks ago courtesy of a psychotherapist, may  |
| be just as real to the person who has them as are historically     |
| verifiable 'true' memories. Memories are a way of ordering and     |
| making sense of our unique life histories."                        |
|                            Steven Rose, The Guardian, May 23, 1998 |
\____________________________________________________________________/

 ______________________________SIDEBAR_______________________________
/                                                                    \
|  The Need for Corroborating Evidence of "Repressed Memory" Claims  |
|                                                                    |
| It is well established that the accuracy of "recovered memories"   |
| cannot be determined without corroboration,[1] and that the        |
| therapy procedures associated with many so-called recovered        |
| memories are capable of producing false memories.[2] There is no   |
| expertise that enables a person to ascertain whether a person      |
| whose memory has been revived is relating actual facts or          |
| pseudomemories. These concerns have led courts in several          |
| jurisdictions to require corroborating evidence to support a       |
| plaintiff's allegations of abuse based on repressed memory theory. |
|                                                                    |
| The Texas Supreme Court, for example, held that in order to apply  |
| the discovery rule, the wrongful event and injury must be          |
| objectively verifiable. The Texas court further ruled that its     |
| requirement of objective verification could not be satisfied by    |
| expert testimony on a subject about which there is no settled      |
| view.[3] The Rhode Island Supreme Court in overturning a criminal  |
| conviction based on recovered repressed memories, commented that   |
| expert testimony may not be used to decide the reliability of the  |
| accuser's "flashbacks" because, "we are not convinced that a       |
| thorough cross-examination can effectively expose any unreliable   |
| elements or assumptions [of the expert testimony]. In such a case  |
| the expert's conclusions are as impenetrable as they are           |
| unverifiable."[4]                                                  |
|                                                                    |
| Objective corroborating evidence should consist of verifiable      |
| items such as confessions, authentic diaries or journals,          |
| photographs, police records, medical documents, etc.  Several      |
| courts have recognized that allowing repressed memory allegations  |
| that are not corroborated by clear and convincing evidence raises  |
| the "potential for fraudulent claims."[5]                          |
|                                                                    |
| [1] See, e.g., American Psychiatric Association (1996): It is      |
|     generally agreed that "it is not known how to distinguish,     |
|     with complete accuracy, memories based on true events from     |
|     those derived from other sources"; American Medical            |
|     Association (1994); American Psychological Association (1995); |
|     Canadian Psychiatric Association (1996); Michigan              |
|     Psychological Association (1995); The British Royal College    |
|     and Australian Psychological Society statements include        |
|     similar cautions.                                              |
| [2] See, e.g., American Medical Association (1994); American       |
|     Psychiatric Association (1993); Canadian Psychiatric           |
|     Association (1996): "Psychiatrists should take particular care |
|     to avoid inappropriate use of leading question, hypnosis,      |
|     narcoanalysis, or other memory enhancement techniques directed |
|     at the production of hypothesized hidden or lost material";    |
|     Australian Psychological Society (1994); BAC (1997); British   |
|     Royal College (1997), p.  664: "Forceful or persuasive         |
|     interviewing techniques are not acceptable in psychiatric      |
|     practice. Doctors should be aware that patients are            |
|     susceptible to subtle suggestions and reinforcements...        |
|     Psychiatrists are advised to avoid engaging in any 'memory     |
|     recovery techniques' which are based upon the expectation of   |
|     past sexual abuse of which the patient has no memory.  Such    |
|     'memory techniques' may include drug-mediated interviews,      |
|     hypnosis, regression therapies, guided imagery, 'body          |
|     memories,' literal dream interpretation and journaling."       |
| [3] S.V. v. R.V., 933 S.W.2d 1 (Tex. 1996).                        |
| [4] State of Rhode Island v. Quattrocchi, 681 A.2d 879             |
|     (R.I. 1996).                                                   |
| [5] Petersen v. Bruen, 792 P.2d 18 (Nev. 1990); Pritzlaff v.       |
|     Archdiocese of Milwaukee, 533 N.W.2d 780 788 (Wisc., 1995),    |
|     cert denied, 116 S.Ct. 920 (U.S. 1996).                        |
\____________________________________________________________________/

             LAW REVIEW ARTICLES EXAMINING THE CONNECTION
        BETWEEN SUGGESTIVE THERAPY AND REPRESSED MEMORY CLAIMS

ERNSDORFF, G. M. and E.F. LOFTUS (1993) "Let sleeping memories lie?
Words of caution about tolling the statute of limitations in cases of
memory repression," 84 J.Crim.L. & Criminology 129. (provides a "short
primer on repression" and summarizes the controversy surrounding the
theory of repression. Reviews legislative and judicial reactions to
claimants seeking to extend the statute of limitations. "Although
there is little agreement among psychologists concerning the theory of
repression and recovery of previously repressed memories, therapists
claim that the trauma caused by childhood sexual abuse may lead a
victim to repress all memory of the event.")

FAIGMAN, D.L., et al (eds.) (1999) "Repressed Memories," Chapter 13 in
Modern Scientific Evidence, The Law and Science of Expert Testimony,
St. Paul, Mn: West Group. (summarizes the legal relevance of
research on repressed memories. "Courts have increasingly weighed in
on the issue of the evidentiary value of repressed memories under both
Daubert and Frye.")

FINER, J.J. (1996/1997) "Article: Therapists' liability to the falsely
accused for inducing illusory memories of childhood sexual abuse --
current remedies and a proposed statute," 11 J.L. & Health 45.
(explores the circumstances under which a person wrongly accused has,
or should have, one or more causes of action against a therapist for
inducing a pseudomemory and proposes specific legislation authorizing
third-party lawsuits under certain circumstances and conditions.)

FOSTER, E.A. (1996) "Comment: Repressed Memory Syndrome: Preventing
invalid sexual abuse cases in Illinois," 21 S. Ill. U.L.J. 169.
(summarizes the theory of repression, problematic therapy retrieval
techniques, research on suggestibility, and case law applying the
discovery rule in repressed memory cases. "The scientific and medical
communities have refused to authenticate the theory of repressed
memories and, in fact, believe repressed memories are unreliable...The
debate about the theory of repressed memory is not a debate about the
reality of the horror of sexual abuse. Instead, it is a debate about
memory." at 170.)

GREER, E. (1998) "Tales of sexual panic in the legal academy: The
assault on reverse incest suits," 48 Case Western Res L Rev 513.
(reviews the facts behind a California third-party lawsuit, Ramona,
that contradict objections made by Bowman and Mertz to holding
therapists liable to an accused third party.)

McALISTER, C.V. (1996) "Comment, The repressed memory phenomenon: Are
recovered memories scientifically valid evidence under Daubert?" 22
N.C. Cent. L.J. 56. (reviews the memory process, repressed memory
therapy, and the problem of determining, under Daubert, whether the
phenomenon of memory repression and recovery is scientifically
valid. Concludes that "there is no empirical evidence to support the
theory that a person can lose a memory for many years and then
accurately recover it," so that plaintiffs may not be able to meet the
burden imposed in Daubert.)

MONTOYA, J.M. (1995) "Requiring clear and convincing proof in tort
claims involving recently recovered repressed memories," 25 Sw. U.L.
Rev. 173. (summarizes the legal history of cases involving repressed
memories, examines the reliability of repressed memories, and argues
that the burden of proof should be by clear and convincing evidence.
"[S]ubstantial evidence exists that many of the methods used to
recover repressed memories are questionable and that the therapists
helping to recover the memories have inadequate knowledge and training
of the phenomenon...Although a higher standard of proof may result in
failure of some valid claims, it is equally important that innocent
people be protected from false accusations.")

MURRY, J.M. (1995) "Comment, Repression, memory, and suggestibility: A
call for limitations on the admissibility of repressed memory
testimony in sexual abuse trials," 66 U.Colo.L.Rev. 477. (examines the
connection between repressed memories and therapy techniques that
resemble hypnosis. Reviews statutory and case law regarding expansion
of the discovery rule to repressed memory claims and case law
regarding hypnotically-induced memories. "[T]he law has responded too
hastily to the pendulum of public opinion... Repressed memories, which
have never been validated scientifically, are beginning to come under
fire from various sources.")

ROCK, S.F. (1995) "A claim for third-party standing in malpractice
cases involving repressed memory syndrome," 37 Wm. & Mary L.Rev. 337.
(examines the suggestive therapy techniques used to uncover repressed
memories and the basis for third-party suits against therapists with
special attention given to Ramona. "Overzealous therapists who focus
on recovering memories have ignored reliable research that such
memories are most likely false and have, instead, encouraged, either
directly or indirectly, their patients to file lawsuits against the
alleged abusers...The threat of a malpractice case by an innocent
third party would act as a quality control device in the field of
psychotherapy.")

SPADARO, J.A. (1998) "Note: An elusive search for the truth: The
admissibility of repressed and recovered memories in light of Daubert
v. Merrell Dow Pharmaceuticals, Inc., 30 Conn. L. Rev. 1147.
(provides a definition of repressed memories, and discusses their
unreliability and the legal response to repressed memory cases. "The
central debate within the scientific community focuses on the validity
of the repressed memory theory as a scientific theory and the accuracy
and reliability of recalled events. Empirical evidence has not been
able to establish the existence of repressed memory theory...Th[is]
debate has spilled into a somewhat parallel debate within the legal
community as well....In all likelihood, some recovered memories are
true and some recovered memories are not. There is no precise way as
of yet to determine the distribution within these two categories...
Employing the criteria enumerated in Daubert will likely aid courts in
their efforts to satisfy the parties' competing interests." at 1197)

TAUB, S. (1996) "The legal treatment of recovered memories of child
sexual abuse, 17 J. Legal Med. 183. (discusses the controversy
concerning the validity of repressed memory claims and the treatment
of these claims have received )in the courts. Examines the
admissibility of repressed memory evidence under Daubert and reviews
issues raised by malpractice suits against psychotherapists. "The law
must strike a delicate balance between protecting the rights of
accusers and accused...This can best be done by having the legal
system reflect the most accurate information that is currently
available from scientific studies on the validity of recovered
memories of child sexual abuse."

YAMINI, R.J. (1996) "Note, Repressed and recovered memories of child
sexual abuse: The accused as 'direct victim,'" 47 Hastings
L.J. 551. (discusses the debate related to repressed and recovered
memories, and various therapy techniques used in repressed memory
cases that may provide a basis for imposing a liability on a therapist
to an accused third party who is a direct victim of therapists'
negligence. Concludes with a proposal that would allow some claims by
third parties while protecting therapists from potential liability for
unintentional conduct.)

 ______________________________SIDEBAR_______________________________
/                                                                    \
| "The statute of limitations is not merely a formality; it is a     |
| device designed to spare the courts from litigation of stale       |
| claims, and the citizen from being put to his defense after        |
| memories have faded, witnesses have died or disappeared, and       |
| evidence has been lost."                                           |
|                                                                    |
| "[B]ecause the plaintiff failed to bring her claims of abuse       |
| within the limitation period, that is exactly what has happened -- |
| witnesses have died, evidence has been lost, and memories have     |
| faded. For example, during her deposition, Plaintiff repeatedly    |
| failed to remember critical details.  Furthermore, all of          |
| Plaintiff's childhood doctors who might have been able to testify  |
| about physical evidence of the alleged abuse or the lack thereof   |
| have died. And, Plaintiff's mother, a potentially critical         |
| witness, has also died. Finally, Plaintiff's childhood medical     |
| records cannot be located now, more than forty years later. These  |
| are the exact types of problems that arise when a lawsuit is       |
| brought a great many years after the subject incidents have taken  |
| place -- the very problems the statute of limitations is designed  |
| to avoid."                                                         |
|                                                 Duross Fitzpatrick |
|                          Judge of the United States District Court |
|                                         Middle District of Georgia |
|                                                     Macon Division |
|                                                 In Thiele v Thiele |
\____________________________________________________________________/

**********************************************************************
                        B O O K   R E V I E W 
                          __________________
                          Smoke and Mirrors:
         The Devastating Effect of False Sexual Abuse Claims
                        Terrence W. Campbell:
         ISBN 0-306-45984-1 Insight Books, Plenum Press, 1998
                    Reviewer: P. T., Ph.D.

Campbell's book is an important addition to the growing number of
books dealing with the issues of recovered/false memories. Its
significance lies in thorough coverage of both aspects of false sex
abuse claims, namely the allegations of child sexual abuse in a
contemporary setting, and the claims based on repressed and recovered
"memories" of presumed historical events. The book is written in such
a way that it can be easily understood by lay people without
compromising professional integrity. Campbell supports his claims by
numerous case studies either from his own practice or from reliable
secondary sources.
    The first part of the book (chapters 1-7) examines children's
false allegations of sex abuse. Since this review is written
exclusively for the readers of the FMSF Newsletter, I will concentrate
on the second part of the book (chapters 8-14) which examines what
came to be known as "recovered memory therapy."
    In Chapter 8, Campbell shows that recovered memory therapy relies
totally on the Freudian theory of repression. Since claims of
repressed memories frequently involve accusations so bizarre and
outrageous, a question arises as to why psychoanalytic (Freudian)
theory regarding the human mind is still taken seriously by anybody
and why it was not relegated to oblivion long time ago? Campbell
explains that Freudian theory is so vague and imprecise that it is
difficult to discredit it or falsify it. Advocates of this theory
persistently resort to some alternative explanation when objective
evidence disconfirms one or more of its assumptions. In Chapter 9,
aptly subtitled "Scientific Fact versus Science Fiction," the author
examines repressed memory claims. In addition to critical analysis of
published surveys of selected groups of population (e.g.studies by
Herman and Schatzow, Briere and Conte, and Williams), Campbell also
addresses theoretical inadequacies of assumptions regarding trauma and
memory loss. Human memory involves three related processes: encoding
information, storing information, and retrieving information. If
traumatic experience leads to memory loss, then the supporters of this
notion should clearly identify both the memory stage in question and
the process that interferes with it. Current theories of trauma and
memory loss fail to answer these important questions.
    Chapter 10 ("Creating False Memories") is most revealing and
informative. This chapter is "must" reading for those of us who still
struggle to understand the processes which lead to creation of bizarre
false memories and to complete alienation of the accusing persons from
their family support system. Here the author leads us step by step
through the process which may take between 6-9 months, using an
example with which he became familiar in his capacity as an expert
witness. He outlines several stages of this process, which start with
negative stereotyping of client's families (dysfunctional, critical,
intrusive, demanding, possessive, etc), and with emphasis on (real)
negative events from the client's past. Distancing from one's family
follows, reinforced by more of the negative stereotyping. In response
to viewing their families as cruel and uncaring, clients then develop
"betrayal scripts," which lead them into assuming that all their
problems originated with their families' supposed betrayals. Betrayal
scripts allow them to imagine themselves enduring the most horrible
kinds of parental cruelty. Eventually, the line between the real and
the imagined is crossed. Because they expect to retrieve memories of
previously repressed betrayals, clients think that what they merely
imagine amounts to a memory of a true event.
    Chapters 11 and 12 are devoted to demonstration of damage
inflicted by recovered memory therapy on both clients and their
families. Both are illustrated using examples from the author's
involvement as an expert witness. Chapter 13, entitled "Myopic Guilds
and Flawed Evidence" is a well-founded critique of the behaviour of
professional organizations. In any given year, it is estimated that as
many as 750,000 clients are at a risk of developing false memories in
psychotherapy. Not a single North American professional organization
has denounced recovered memory therapy. Like the vast majority of
their therapist members, these professional organizations also ignore
scientific evidence. Using examples, the author demonstrates how some
professional organizations are instrumental in disseminating
misinformation and contributing to deepening of the mental health care
crisis instead of curbing it.
    The book ends with suggestions for directions in psychotherapy,
which include dealing with here-and-now problems rather than dwelling
on the past, and concentrating on interpersonal relations rather than
self-absorbed dissection of what transpires within our own psyches.
Also, therapists should reject the biases of their clinical experience
and rely more on standardized, scientifically-grounded treatments. In
the author's opinion, however, the likelihood of the relevant
professional organizations dealing responsibly with the crisis of
psychotherapy is remote. Instead, it is the regulatory bodies that,
prompted by public demand, should "clean house." This is the point
where I somewhat differ from the author. In my opinion, the licensing
bodies, whose mandate is to protect the public and to guide the
profession, should have acted a long time ago, independently of
opinions emanating from various professional "guilds" and without the
need of public pressure.

  P. T. Ph.D. is a chemical engineer. She is an Associate
  Professor at Laurentian University.

 ______________________________SIDEBAR_______________________________
/                                                                    \
|                     Continuing Education Watch                     |
|                                                                    |
|                      Psychoanalysis Enacted:                       |
|           Re-experiencing the Old, Constructing the New            |
|   Albert Pesso, Martha Start, M.D. and Bessel van der Kolk, M.D.   |
|                          August 2-6, 1999                          |
|                   Harvard Medical School seminar                   |
|                     N. Falmouth, MA - Cape Cod                     |
|                                                                    |
|               Pesso Boyden System Psychomotor (PBSP)               |
|                                                                    |
| "The objective of the seminar is to help clinicians develop an in- |
| depth understanding of the contributions PBSP can make to their    |
| work with a broad range of patients."                              |
|                                                                    |
| "[T]he PBSP therapist focuses on the patient's proactive efforts   |
| to bring about that which he/she most needs in order to heal; the  |
| patient 'choreographs' the moves of individuals enlisted as 'ideal |
| parents' and then constructs kinesthetic/sensorimotor memories     |
| deriving from gratifying interactions with them. This corrective   |
| provision is something that takes place in the present but is      |
| experienced, and internally registered, 'as if' it had actually    |
| taken place in the past. The new memories are placed alongside the |
| original traumatogenic memories, thereby positively modifying      |
| future expectations."                                              |
\____________________________________________________________________/

**********************************************************************
                   F R O M   O U R   R E A D E R S
                     ____________________________
                     Orphans of the Memory Debate
                            Jaye D. Bartha
Imagine if Stephen King had sought counseling with a psychotherapist
who practiced repressed memory therapy (RMT). How would the experience
have affected his life? After working with a therapist who surmised
that his mind harbored buried "memories" of abuse, his life would have
been severely impacted. His daily search for "memories" would have
left him little time or energy to write prolifically. King's
outstanding novels such as "The Shawshank Redemption" or "Misery"
might never have been realized.
    As the "therapeutic" years passed, King would have dug deeper and
deeper into his psyche looking for "memories" of abuse that weren't
there -- because they didn't happen. Sadly, he would not have known
that his efforts were for naught. His literary genius would have
created dozens of "memories" accepted as factual. Over the years,
King's therapist would have an enormous influence on the direction of
his treatment and, subsequently, his well-being. Luckily, this didn't
happen, but what if it had? How would he be doing today?  
    Fatefully, King would have gone the way of thousands of people who
became entrenched in RMT. His talent for creating spectacular stories
would have secured his seat on his therapist's couch for quite some
time. Broke, exhausted, and alone, he would now be just another orphan
of psychotherapy, caught in the crossfire of the memory debates.
    Early on, opponents of RMT focused on research and education.
Tenacious researchers across the country spent untold hours writing
papers that eventually altered the course of destruction running
rampant in the field of psychotherapy. Concerned families gathered and
boldly shared their stories. Meanwhile, back on the hospital
psychiatric wards, patients continued to grapple with rewritten
histories of horrific abuse they could barely comprehend, unaware that
the debates were in progress. They didn't know there were choices, one
of which was to leave therapy.
    It was years before the term "false memory syndrome" was
recognized. Until then, patients of psychotherapy, whether entrenched
in RMT or not, were caught in the crossfire of the memory debates.
Eventually, the debates positively impacted the field of psychiatry
and psychology by holding therapists accountable for their actions.
The impact, however, didn't necessarily change what patients were
doing in therapy sessions. They were still spending hours searching
for unattainable "memories" of abuse. Many patients stayed in therapy
believing the debates were just another backlash to be ignored, if
they were aware of them at all. What has happened to the orphans of
the memory debates?
    I don't have all the answers, but I have some. I do know there are
former patients who are still working to untangle their lives from the
catastrophic effects of RMT. Many of them institutionalized, addicted
to prescription drugs, jobless, sometimes homeless, and surely in poor
health. They are now faced with some of the biggest challenges of
their lives. Searching for "memories" was easy compared to the work
they need to do to rebuild all that was stripped from them in therapy
-- and they often do it alone.
    As compassionate human beings, we must never forget that the
volatile debates involve real people. It's painful, at times, to
listen to stories from those who valiantly survived the horrors of
RMT. It's mind-boggling to imagine a once vital life in
ruins. Returning to the hypothetical scenario of Stephen King, do you
think he would have simply left therapy, dusted himself off, and
returned to his keyboard to write another novel?
    Leaving repressed memory therapy is a baby step, albeit a big
important one, along the continuum towards good health. It requires
extreme fortitude of former patients to turn their lives around. It
forces them to realize that they have been deluded and, worse yet,
that their behavior and choices had an adverse impact on their
families and friends.
    Former patients are breaking new ground. There are no established
guidelines to assist them through the stages of rebuilding their
shattered lives after leaving RMT. The orphans of the memory debates
will continue to swell in number as long as therapists continue to
practice repressed memory therapy and patients continue to seek their
help. Where will they go?

  Jaye Bartha majored in psychology. She recently settled a lawsuit
  she brought against her former therapist who practiced recovered
  memory therapy.
                       ________________________
                       Mental Health Community?
The December, 1998 FMSF Newsletter inquires: "Where was the mental
health community during the false memory epidemic?" That there is a
mental health community, possessing power, authority, standards, and a
capacity to enforce discipline upon its members, is all a myth.
    The psychiatric profession has long been a fragmented assortment
of schools of thought, more inclined to judge not, lest they be
judged. There are scattered fiefdoms, localized centers of academic
standing, with auras of authority. Their power, however, is confined
within the boundaries of their academies. Sometimes there is
collective consensus, which then can own greater authority through
this summation.
    In a field that is still more Art than Science, each school sends
forth its theoretical sense of the nature of disease and its
treatment. During my half century as a psychiatrist, I have watched
succeeding mythologies sprout, blossom, and fade. New ideas are
welcomed with hope as possible breakthroughs, while critical
examination and response are deferred. In Dr. Fawcett's domain at
Rush Presbyterian, a rogue therapy was honored as respectable, its
promoter apparently one of the domain's professional nobility. There
was little prospect for objective critical feedback and
accountability.
    Where is accountability to come from? The answer rests in what we
have learned through our FMSF enterprise of the past seven years.
Outsiders who experience harm have to sound the alarm that wrong-doing
is at large. Counter action to intercept and delegitimize destructive
clinical pretensions can correctly prevail, when you are reinforced by
objective clinical judgment and professional authority such as you
found in your scientific and professional advisory board. To wait for
a mythical mental health community with power to objectively judge and
react.... you should live so long.
    From within the resources of our own hearts and minds, skills and
experiences, wisdom and judgment will come the concepts to construct
solutions for reaching children and rebuilding families.
                                                   Earl N. Solon, M.D.

[1] See Dateline, NBC, October 27, 1998 described in December 1998
    Newsletter
                                _____
                                Irony
Isn't it peculiar that a group that is so overly concerned about each
nuance of their own feelings and the solicitation of their client's
feelings should be so unconcerned, so callous, and so totally
indifferent to the feelings of others? Do they ever stop to consider
the feelings of those parents who are denied access to their adult
children, their grandchildren, to their loved ones? Never. In fact,
they don't even care if the parents become seriously ill or die! What
kind of monsters has this form of therapy spawned?
                                                 Mother of a Retractor
                            _____________
                            Given Up Hope
It has been ten years and we have had no 'signs' or communications
with our daughter. Our grandchildren are all in college and we have no
idea of what they look like now. We have given up hope. There have
been deaths, marriages and graduations all of which have passed
unrecognized by our daughter even though she was informed. The
newsletter was a great help to us. Now it is just a painful reminder
of what we have lost. Please discontinue.
                                                     A Sad Mom and Dad
                      __________________________
                      As If Nothing Had Happened
After five and one-half years, our daughter wrote to my husband saying
she wanted to renew her relationship with him. (I had kept in close
contact with her by phone, letters and visits.)
    We met with her, and it was as if the intervening years had never
been. My husband was happy to take things as they are, rather than
expect or hold our for a retraction. She is coming to stay with us for
her first visit in six years.
    We wish to thank you for the support you have provided for us. One
of our so sons sent us information about the Foundation a month after
the "confrontation." Otherwise, we would have been even more
distraught than we were.
                                                   A Happy Mom and Dad
                          __________________
                          A Journey of Faith
What a journey of faith is this -- the spectrum of false memory
syndrome when we are accused. Our accuser is our beloved first born
daughter, now 38-years-old. We have not seen or heard from her for
more than five years.
    It is more than seven years since we walked step by step through
the Sensitive Crimes Unit of the police station, accused of sexual
molestation and satanic cult abuse when she was a child and equally
horrible offenses against her two children, our grandchildren. Thank
God for our acquittal.
    Where does this leave a mother? Some counselors say "Go on with
your life; your daughter is dead to you; too much has happened." And
you do go on simply because there is no other choice. Amazingly, life
regains a semblance of normalcy -- even joy -- as the other children
grow, graduate and fall in love. Two more grandchildren fill the
terrible void of having the first two torn from us. And yet, always,
the mother yearns for the child now woman so totally separated by
choice.
    My nine year breast cancer battle is ongoing, lonely in the
missing of my firm supporter. But life does go on. We learn to rise
above the pain. Our married love grows in the sharing.
    Last April, my dear friend "Alice" ran into my daughter while
shopping and then and there my daughter accused Alice's now-dead
husband. Does this insanity never end? Now we have maternal and
paternal grandfathers, neighbors, pediatrician, to name a few of the
accused! My friend Alice reminds my daughter that her children were
never in Alice's home. Now my friend understands why I can't approach
my daughter. My daughter is too bitter and angry; the chances for
legal involvement too precarious. It seems that just when I want to
throw in the towel and say "I will not care any longer," something
happens to assure me that I must continue to hope without timelines.
     Thus I follow my instinct to attend the yearly FMS meeting in
Illinois in October. My mind's eye is filled with the panel of
"retractors," women who like my daughter were lured and brainwashed by
would-be psychologists and co-dependent recovery groups. What agony
these women have endured. Hope: there are people who return to their
families. I travel home with renewed understanding of how to approach,
what to do if one has an encounter knowing that life can never again
be the same, but it can be different.
    My husband is rushed to the emergency room for a heart medication
reaction (we had been planning to leave on a long anticipated vacation
that morning). Within a few hours he is back to normal and back at
home but disappointed. I leave him with another daughter and drive to
the mall to walk and work out the tension.
    Meandering in the shoe store, a voice calls out my name. It is my
daughter's brother in law, his wife and two babies. I learned they had
moved, and they told me about my grandchildren. They urged me to make
contact with my daughter. "She is so alone," they said. I try to
explain why legal concerns make this is impossible. Is this why I had
to stay home and miss my vacation? I tell them that when my daughter
realizes her mistake, we will welcome her back to the family.
    Thanksgiving approaches. My cancer seems under control. Okay, now
I have cancer, false memory syndrome and a bad back to deal with. But
I can choose my attitude. In celebration I decide to treat myself to
the local thriftshop, a place that I often feel drawn to. Everybody
goes there -- my friends call it "Nieman Marcus" because you can
unearth tremendous bargains. It offers me the inexpensive therapy of
wandering through the racks knowing no one. First, the large array of
Christmas items. Find a cute vase with poinsettia for $1.00 -- that
will be my theme for the 1998 house decoration -- year of the
poinsettia. Move on to the three long aisles of sweaters. A couple of
them go into my shopping cart for consideration.
    I look up to note the blond ringlet curls of a woman with a small
child in a stroller at the entrance to the store. She resembles my
daughter but a bit heavier and more mature. no, it couldn't be. I move
over to the other part of the store before taking another stealthy
glance at her. This woman approaches shopping in the same way I do:
scanning the racks and zeroing in on the possibilities. Putting chosen
items in the shopping cart for final consideration. Another look: No,
not my daughter but she resembles her. I move further away and move
into the dressing room to try on a skirt.
    As I leave the dressing room, I encounter an almost whispered
voice: "Mom." It happens so quickly fear and calculation are give no
time. A simple prayer, "Help me Lord to say the right things." Arms
enfold me in a hug. It is my daughter who tells me she had seen me
there once before and was unable to speak to me. "I want this time to
take a moment to let you know that no matter what has happened, you
are loved." My reply is simple, "I love you too."
    In retrospect, my next words surprise me. "How is your back?" She
smiles, brow furrowed ias she wondered how I could have known that,
when she had set such stringent lines of no contact. She tells me she
is going to need back surgery. An awkward silence. She asks about her
younger siblings. Where do they live? And I tell her.
    The irony of this -- my own daughter and blood so far removed from
her family. I feel her longing for her siblings and my heart breaks
for her. An inner peace keeps me level and neutral in response.
    "I looked for my sister's address on E-Mail," she says. And I
reply, "That is timely because we just purchased a new computer. We
got the modem on Friday." Can it be that I have not seen or spoken to
her for five years and we are talking of such trivial things? Every
second is a year. How can I grasp this time, transcend it to breach
the gap? I remember the Illinois FMS retractor panel and know I'm on
the right track. This cannot be rushed. It must be her approach not
mine. She has a brief opportunity to break through her delusions. What
could have happened to allow her to reach out to me? Only eight months
ago she met my friend Alice with such hatred.
    I offer that my grandson is a teenager saying, "He must be so
handsome." She replies, "You wouldn't know him, he's taller than me."
I tell her, "I've heard that both kids are on the honor roll," letting
her know that there are some things I do know. "They do well," she
responds.
    I look down at the child in the stroller. "Hello, I'm grandma
J. What is your name?" This could be an unknown grandchild. My
daughter answers for him, "His name is 'Ben'." I bend down to approach
him and say, "Well Ben, it is nice to meet you. You are very lucky to
have such a nice lady as my daughter to care for you."
    With that, my daughter startles me with another approach and hugs
me a second time. "Mom, always know that I love you." "I love you
too," I say again. She turns and walks away without looking back.
    I purposely move to the other side of the store trying to absorb
what just happened. It is not until I am in my car that the feelings
of grief surge. The tears come with the protection of my car. I
detour and go to the opposite side of town -- to the wholesale flower
outlet. I must take time to absorb this before I go home. I pray.
    When I get back home, I share this story with my husband. We
marvel at the enormity of this incident, the significance. Why would I
have been there with my daughter at the same time and same place --
out of a large city full of places?
    I call each of her now-adult siblings and tell them what
happened. My younger daughter laughs. My older son reacts differently:
"No mother should have to endure such things." I must remember that we
are all entitled to our own reactions, our own working through in this
most abnormal of challenges. My other son wants to know every detail
of what happened.
    I wonder: Will this be a once-in-a-lifetime experience? Or is it
the start of some working though on my daughter's part. Has something
happened in her life to pierce even a little the armor of false memory
syndrome. No matter where we are in the circumstance of this thing, it
is so very difficult. And yet, I am thankful for having felt my
daughter's arms. Yes, love can transcend all things.
                                                                 A Mom

    Afterword: There has been another "sighting" of my daughter by my
friend Alice. This time my daughter was very pleasant and joyful. My
friend, who is a practical nurse, wonders about a Jeykl and Hyde
personality or drug use to account for such variability.

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

ILLINOIS: One of our members has become active in the Township Mental
Health Advisory Board. That Board reviews requests from various mental
health providers who are requesting tax dollars for mental health
services given by those agencies to township residents. These agencies
must submit a request for the funds annually. The form used previously
for the funding request was reviewed by that Board and because of the
awareness of this FMS member for the need for informed consent and
safe and effective treatment the following changes were recently
approved by the township attorney.

  Before Services Provided:

  The Agency agrees to provide the appropriate professional services
  to the residents of the Township as documented in compliance below.

  After Services Provided:

  The Agency agrees to provide only appropriate professional mental
  health and related services to the residents of the Township under
  this Grant Request/Agreement for Purchase of Services. All
  residents or participants of Township for whom services are provided
  under this Agreement shall be provided with written informed consent
  by the Agency as to all treatments to be provided to them. The
  Agency represents that it shall fully investigate all methods of
  treatment for residents of Township to verify the safety and
  effectiveness of all treatments (and shall document these fully as
  called for in Paragraph 2.f.2 hereof) before implementing the
  treatments under this Grant Request/Agreement for Purchase of
  Services, and the Agency shall hold harmless and indemnify Township
  and its Officials from any and all claims for loss or actual loss or
  damages based upon this Agreement, or the services provided by the
  Agency.

  2) The Agency agrees to provide the Township with a specific
  description of all new programs, services activities or facilities
  which are initiated subsequent to this Grant Request/ Agreement for
  Purchase of Services.

See if your Village or Township has a similar program and, if so, make
sure that they have similar protections for their citizens.

**********************************************************************
*                           N O T I C E S                            *
**********************************************************************
*                                                                    *
*                           ANNUAL MEETING                           *
*                         ONTARIO and QUEBEC                         *
*                                                                    *
* The annual meeting of Ontario and Quebec families and friends will *
* be held on SATURDAY, MAY 1, 1999 in Toronto. guest speakers        *
* include Alan Gold, Dr. Harold Merskey, Dr. Campbell Perry, and     *
* Dr. Paul Simpson. FOR INFORMATION CALL PAT AT 416-445-1995         *
*                                                                    *
**********************************************************************
*                   RECOVERED  MEMORY  CONTROVERSY                   *
*                  April 30, 1999 - $35.00 includes                  *
*                   Lunch 12:30 Program 1:30-4:30                    *
*                       877 Yonge St. Toronto                        *
*                            Presenters:                             *
*                      Dr. PAUL SIMPSON, author                      *
*      Second Thoughts: Understanding the False Memory Crisis;       *
*                        Dr. EMANUEL PERSAD,                         *
*            Chair Dept Psychiatry, U of Western Ontario;            *
*                      DIANNE MARSHALL, M.Ed.,                       *
*             Clinical Dir. Institute of Family Living.              *
*                                                                    *
* Send check to: Dr. Ed Fish, 2 Klaimen Court, Aurora, ON  L4G  6M1. *
**********************************************************************
*                                                                    *
*                     http://www.FMSFonline.org                      *
*       is the address of the website that FMSF is developing.       *
*        The site currently has background information on the        *
*             U.S.A. v Peterson trial in Houston, Texas.             *
*                                                                    *
**********************************************************************
*                         PSYCHOLOGY ASTRAY:                         *
*  FALLACIES in STUDIES of "REPRESSED MEMORY" and CHILDHOOD TRAUMA   *
*                   by Harrison G. Pope, Jr., M.D.                   *
*                            Upton Books                             *
*                                                                    *
* This is an indispensable guide for any person who wants or needs   *
* to understand the research claims about recovered memories. A      *
* review by Stuart Sutherland in the prestigious Nature magazine     *
* (July 17, 1997) says that the book is a "model of clear thinking   *
* and clear exposition." The book is an outgrowth of the "Focus on   *
* Science" columns that have appeared in this newsletter.            *
**********************************************************************
*                                                                    *
*                       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    *
*                                                                    *
**********************************************************************
*      The Foundation gratefully acknowledges the contribution       *
*      made in memory of Rose Neuman by her friends in Florida.      *
**********************************************************************
*                                                                    *
*  We are looking for other families whose children participated in  *
*          the program at Evanston Hospital, Evanston, IL.           *
*                    Confidentiality guaranteed.                     *
*                     Please call 847-885-9515.                      *
*                                                                    *
**********************************************************************
*                 Pamela Freyd and Eleanor Goldstein                 *
*                       SMILING THROUGH TEARS                        *
*            Upton Books * ISBN No 9-89777.125.7 * $14.95            *
*                                                                    *
* Over 125 cartoons by more than 65 cartoonists lead the way through *
* a description of the complex web of psychological and social       *
* elements that have nurtured the recovered memory movement. Ask     *
* your bookstore to order the book or call 1-800-232-7477.           *
*                                                                    *
*                                                                    *
*                             Comments:                              *
*   "AT ONCE BOTH THOROUGHLY INFORMATIVE AND DEVASTATINGLY WITTY."   *
*           Alan Gold, Criminal Defense Attorney, Toronto            *
*  "I THINK THE BOOK IS TERRIFIC. I LIKED IT BECAUSE IT SUPPORTED A  *
*  LOT OF THE OPINIONS I'VE HAD ON PSYCHIATRY, CULTS, BRAIN-WASHING  *
*              AND OTHER IDEAS MENTIONED IN THE BOOK."               *
*               Mort Walker, Creator of Beetle Bailey                *
*                         "IT'S A MUST READ"                         *
*                      Elizabeth Loftus, Ph.D.                       *
*                 Author of Myth of Repressed Memory                 *
**********************************************************************
*                                                                    *
*                         AREA CODE CHANGE?                          *
*            Please help us save time trying to call you!            *
*         IF YOUR AREA CODE HAS CHANGED, PLEASE LET US KNOW.         *
*                                                                    *
**********************************************************************
* Peter and Pamela Freyd have settled their defamation lawsuit       *
* against the Canadian newspaper The Globe and Mail. Terms of the    *
* settlement remain confidential.                                    *
**********************************************************************
*                                                                    *
*                 ADDRESS CHANGE and SNOWBIRD ALERT!                 *
* Please remember, we need your address change every time you move.  *
*           THANK YOU FOR HELPING US TO SERVE YOU BETTER.            *
*                                                                    *
**********************************************************************
*              Any FMSF parents of retractors visiting               *
*                     Champaign-Urbana, Illinois                     *
*               are invited to stay free at our house.               *
*                  Carole Ann and David P. Hunter,                   *
*              2511 Bedford Drive, Champaign, IL  61820              *
*                            217-359-2190                            *
*                         hunter4000@aol.com                         *
**********************************************************************
*                                                                    *
*                          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.)            *
*                                                                    *
**********************************************************************
*                     Is Your Daughter Missing?                      *
*                                                                    *
* Several Several parents wish to network with others whose          *
* daughters have disappeared after cutting off all contact with      *
* family members. They are looking for exchange of ideas,            *
* suggestions and information about how to find missing daughters    *
* using non-threatening ways. Call Karen at 314-432-8789 to become   *
* part of the network                                                *
**********************************************************************
                _____________________________________
                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 - (quarterly)
        Joanne & Gerald (916) 933-3655
        Rudy (916) 443-4041
  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 - Last Sat. (bi-MO)
        Jack & Pat (408) 425-1430
        3rd Sat. (bi-MO) @10am
  Central Coast
        Carole (805) 967-8058
  Central Orange County - 1st Fri. (MO) @ 7pm
        Chris & Alan (714) 733-2925
  Covina Area - 1st Mon. (MO) @7:30pm
        Floyd & Libby (626) 330-2321
  San Diego Area 
        Dee (760) 941-4816
COLORADO
  Colorado Springs
        Doris (719) 488-9738
CONNECTICUT
  S. New England  - (bi-MO) Sept-May
        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 (727) 856-7091
GEORGIA
  Atlanta 
        Wallie & Jill (770) 971-8917
HAWAII
  Carolyn (808) 261-5716
ILLINOIS
  Chicago & Suburbs - 1st Sun. (MO)
        Eileen (847) 985-7693
        Liz & Roger (847) 827-1056
  Peoria
        Bryant & Lynn (309) 674-2767
  Champaign
        David Hunter (217) 359-2190V
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  -  2nd Sun. (MO)
        Pat 738-4840
        Jan (816) 931-1340
  St. Louis Area  -  3rd Sun. (MO)
        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. - (bi-MO)
        Barbara (914) 761-3627
  Upstate/Albany Area  - (bi-MO)
        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) 563-5616
  Montrose
        John (717) 278-2040
  Wayne (includes S. NJ) - 2nd Sat. (MO)
        Jim & Jo (610) 783-0396
TENNESSEE
  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
        Judith (802) 229-5154
VIRGINIA
        Sue (703) 273-2343
WEST VIRGINIA
        Pat (304) 291-6448
WISCONSIN
        Katie & Leo (414) 476-0285
        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
        Roger Scotford (44) 1225 868-682
           ________________________________________________
           Deadline for the March Newsletter is February 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-
Wiscontion  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,      January 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 -
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
**********************************************************************