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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)
May/June 2003 Vol. 12 No. 3
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ISSN #1069-0484. Copyright (c) 2003 by the FMS Foundation
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The FMSF Newsletter is published 6 times a year by the
False Memory Syndrome Foundation. The newsletter is
mailed to anyone who contributes at least $30.00. Also
available at no cost on www.FMSFonline.org
1955 Locust Street, Philadelphia, PA 19103-5766
Phone 215-940-1040, Fax 215-940-1042
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IN THIS ISSUE:
Remembering Trauma
Legal Corner The next issue will be
Paul Ingram Update July/August 2003
From Our Readers
Bulletin Board
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Dear Friends,
The world has been much with us since the last issue of the
newsletter: a war, the anxiety of a mysterious virus. Yet even these
momentous events did not eclipse news about recovered memories.
FMS-related events and new research and publications keep chugging
along.
The April release of Remembering Trauma by Richard McNally [1] is a
turning point in the availability of research about recovered memories
and trauma. It is the most up-to-date, accurate, and comprehensive
summary of the relevant psychological research that exists. The author
lays out the arguments and studies that are the foundations to both
sides of the controversy. In so doing, he exposes the errors in
thinking and misinterpretation of research that characterized the
focal claims of recovered memory proponents. This is an important
book. (See page 3)
Of course, McNally was able to produce his book only because of the
outstanding research that so many clinicians and memory scientists
have completed in the past decade. And the research goes on: In this
issue, there are brief descriptions of four important new studies. A
prospective study by Daniel Salter and colleagues,[2] for example,
exposes the myth of a "cycle of abuse." This carefully done
prospective study found that only 11.6% of sexually abused children
went on to abuse others as adults. They also found that neglect and
violence in the family of origin were associated with the repetition
of sexual abuse. (See page 6)
Another prospective study, tested the notion that memory mechanisms
for highly traumatic events are different from normal memory
processes. Gail Goodman and colleagues [3] conclude that their
"findings do not support the existence of special memory mechanisms
unique to traumatic events, but instead imply that normal cognitive
operations underlie long-term memory for CSA."(See page 4)
The following comment from a review of a new introductory psychology
textbook [4] probably is a good measure of thinking within the
academic community on the importance of knowing about the recovered
memory controversy:
"The authors' tendency to shy away from controversies and criticisms
is evident in their . . . rather brief and abrupt reference to the
recovered-memory-syndrome controversy. These controversies and many
others are essential features of our discipline and knowing about
them is indispensable to the development of a critical thinking
orientation, which is a valuable pedagogical goal."
On the popular front, a new play about recovered memories opened in
London to positive reviews: "A Reckoning" by American Wesley Moore.
The acclaimed play "Anna Weiss" by Mike Cullen had a well-received run
in Chicago in March. Both of these dramas present a skeptical
perspective. There was even a reshowing of Law and Order, SVU
"Repression" in March. Readers may recall the comment in that program
from the police psychiatrist: "Technically it's called `false memory
syndrome' but I call it the `power of suggestion run amok.'" [5]
It's not time to be complacent, however. Traumatic amnesia and
recovered memories continue to be indispensible to story tellers. As a
reviewer in the LA Weekly [6] noted when describing one new movie:
"The old amnesia gambit drags itself wearily back into service." The
continuous stream of novels about recovered memories or multiple
personality disorder -- such as Matt Ruff's novel Set This House in
Order [7] -- perpetuates myths about memory and trauma. Maybe someday,
writers will find another plot technique, but until "traumatic
amnesia" is replaced, the recovered-memory problem will likely be with
us.
Lest anyone think that the hysteria about abuse has ended, the ongoing
saga of Paul Ingram is a reminder that it is all too present. The
problems faced by Paul Ingram since his release from prison after
having served his sentence for "ritual abuse" activities are described
on page 10 of this newsletter. The Ingram case was always tragic, but
now it seems frightening.
The clergy scandal has resulted in day-in and day-out coverage of
claims of recovered memories. On page 6 there is a summary of
statistics compiled by the New York Times about clergy cases. The
fall-out from that situation is having a direct impact on the
recovered memory legal situation.
In the heat of anger about the clergy abuse, legislators around the
country are proposing extensions for statutes of limitations in sex
abuse cases. The comment from Illinois Representative, James Brosnaha,
who introduced such a bill, shows the huge gap between what science
has shown us about trauma and memory and what some people still
believe. The Associated Press reported [8] that Brosnaha stated that
child victims often repress memories of the abuse and that it takes
years of therapy as adults to identify abuse as the cause of current
problems.
The decision of the U.S. Supreme Court in Stogner v California will
have a significant impact on how the law handles very old cases. (See
p. 7) In 1994, the California Legislature retroactively repealed the
time limit for filing criminal charges against perpetrators who
sexually abused children under 18. If the Court strikes down the
California law, defense lawyers may use it to limit cases involving
allegations of sex abuse from the past. If the law is upheld, it will
mean many more prosecutions from the past. Even though the law was
written for child sex-abuse cases, it seems likely that it will be
extended to other types of crimes. Justice Ruth Bader Ginsburg pointed
out that the case was not limited to just child abuse: "It could be
pickpocketing." A decision is expected before July.
In the broader perspective, the climate that once supported the
recovered memory phenomenon steadily erodes as new scientific research
exposes the myths upon which it was based. With the publication of
Remembering Trauma, there is absolutely no excuse for professional
organizations to delay in encouraging, or even demanding, that their
members practice safe and effective evidence-based therapy.
From the local office perspective, new FMSF contacts continue
diminishing, although there is a steady stream of cries for help from
people involved with child protection agencies. This week four new
families, recently accused on the basis on recovered memories,
contacted the Foundation. (One father told us that a therapist he
consulted told him about the Foundation.) The background of the
accusations was the same old story: hypnosis, past-life regressions
and The Courage to Heal. We can't help but wonder how this can still
be going on.
The Foundation continues to hear from new retractors, and their most
pressing problem is almost always trying to find a mental health
professional who has an understanding of their experience. It is a
reminder of the daunting task faced by those who are trying to rebuild
their lives after a disastrous therapy experience.
The office seems quiet most days since almost all activities now
revolve around email and the website. In fact, more people now contact
us by email than by telephone, and most new contacts have already
gained information from the web. We continue to direct resources
toward the web. After a long hiatus, the therapy section is up and
running. Don't miss the paper by Martin Orne about multiple
personality disorder or Margaret Singer's advice on finding a
therapist. With some hard work by our website administrator Greg
Louis, you will also soon be able to access the legal section --
possibly by the time you receive the printed version of this
newsletter. Starting with the March/April 2003 issue, newsletters will
now be available on the website in PDF format and will look like the
mailed version if printed. Perhaps some readers will even prefer to
get their newsletters that way rather than wait for the postal
service. The searchable text format will still be sent to all who ask,
however, and it will also be posted. The website is a work in progress
as we continue development and obtain permission to post articles.
The papers based on the FMSF reconciliation survey research are close
to completion, and in the next newsletter we expect to let you know
the next steps in that project.
We thank you all for your wonderful support.
PAMELA
[1] McNally, R., Remembering Trauma, Harvard University Press, 2003.
[2] Salter, D. et al. "Development of Sexually Abusive Behaviour in
Sexually Victimized Males: A Longitudinal Study" The Lancet, 361
(9356), Feb 8, 2003, 471-476.
[3] Goodman, G. S., et al., "A Prospective Study of Memory for Child
Sexual Abuse: New Findings Relevant to the Repressed-Memory
Controversy"Psychological Science 14 (2), 2003, 113-118.
[4] Bhatt, G., "Review of The World of Psychology, 3rd Canadian
Edition by Wood, S.E. et al." Canadian Psychology, Nov. 2002,
p. 280-282. [5] Law and Order SVU "Repression" NBC, March 15,
2003.
[6] Taylor, E., "Film- Till Human Voices Wake Us" LA Weekly, Feb 21,
2003 p. 33. [7] Ruff, M., Set This House in Order, HarperCollins,
2003.
[8] Associated Press, "Abuse Lawsuits" April 4, 2003.
+----------------------------------------------------+
| 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 |
| COLUMNISTS: August Piper, Jr. and members |
| of the FMSF Scientific Advisory Board |
| LETTERS and INFORMATION: Our Readers |
+----------------------------------------------------+
______________________________SIDEBAR_______________________________
/ \
| "A great deal of intelligence can be invested in ignorance when |
| the need for illusion is deep." |
| Saul Bellow |
\____________________________________________________________________/
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REMEMBERING TRAUMA
Richard J. McNally
Harvard University Press, 2003,
420 pages , ISBN 0-674-01082-5
Remembering Trauma is unquestionably the most up-to-date and
comprehensive review of the psychological studies relating to the
recovered memory controversy. From "body memories" to "traumatic
amnesia and brain damage," McNally brings an encyclopedic knowledge of
the literature supporting both sides of the memory debate. For every
topic that has been in contention, the author describes the strengths
and weaknesses of the relevant studies making certain that readers
understand the basis of his conclusions about the relations between
memory and trauma.
Early in the book McNally states a point that is too often
forgotten by some who have made claims about the special nature of
traumatic memories: "Only when we are confident that we understand
everyday memory can we determine whether memory for trauma requires
distinct explanatory mechanisms."(p.27) For this reason some parts of
the book are necessarily technical. These parts, however, are so
logically and clearly presented that a motivated lay person should
have no difficulty. Other chapters, such as the first, are accessible
to any reader. Indeed, the author even states his conclusions in the
first chapter:
* "First, people remember horrific experiences all too well. Victims
are seldom incapable of remembering their trauma.
* "Second, people sometimes do not think about disturbing events for
long periods of time, only to be reminded of them later. However,
events that are experienced as overwhelmingly traumatic at the time
of their occurrence rarely slip from awareness.
* "Third, there is no reason to postulate a special mechanism of
repression or dissociation to explain why people may not think about
disturbing experiences for long periods. A failure to think about
something does not entail an inability (amnesia) to remember it."
The first chapter sets the context. McNally notes that at the
beginning of the 1980s people who were concerned about sex abuse
talked about "a reluctance to disclose" abuse, but by the end of that
decade the language had changed to an "inability to remember." That
change was tied to the politics of the decade which are the focus of
the first chapter. The author makes a very important point at the
outset: "the emphasis on recovering repressed memories of abuse
emerged from the core of the trauma field, not from its
paraprofessional fringe." (p. 6).
In placing the responsibility where he does, McNally has special
credibility. He is a clinician who established a research and
treatment clinic for anxiety disorders at the University of Health
Sciences/Chicago Medical School before joining the Department of
Psychology at Harvard University in 1991. He has been doing research
on PTSD since 1985 and has served on the posttraumatic stress disorder
committees (PTSD) of both the American Psychiatric Association DSM-IV
Task Force and on the National Institute of Mental Health's consensus
panels for the assessment of panic disorder and PTSD. He was and is
part of the "core of the trauma field."
In Chapter 9, Dr. McNally explains how he was drawn to the subject
of recovered memories. He writes that he was studying people both with
and without PTSD who had been abused in childhood. During the course
of interviewing potential subjects for a neuroimaging study, three
people told him that they had no memories of having been abused. When
he asked them why they had volunteered for the experiment, they
explained that they had come to realize that their current problems
and symptoms must have been caused by sexual abuse and that they had
repressed the memories of it. The three women did not qualify for the
neuroimaging project because they did not have narratives of their
abuse experiences needed for the study's protocol. But the incident
did spark a new line of research for McNally that led to a series of
research studies comparing the cognitive functions of people who
claimed they had (1) recovered memories of abuse, (2) repressed
memories of abuse, (3) always knew they were abused, and (4) were not
abused. The results of these studies have been described in past FMSF
Newsletters.[1]
Remembering Trauma is a book to which clinicians must pay
attention. The author is a clinician from the trauma field. He had no
political agenda in becoming involved in the recovered memory
phenomenon. It grew naturally from his ongoing work in trauma.
A book with this much information must have the tools to make it
accessible for all types of research. Here the book has both strengths
and a weakness, although the weakness could easily be remedied. The
list of works cited is 1,337, and it is a wonderful bibliography to
keep at hand. For finding topics such as "body memories" or "satanic
ritual abuse" the index is fine. Unfortunately, the index does not
contain names of people. Even though the works of Elizabeth Loftus and
Bessel van der Kolk, for example, are both listed in the bibliography,
it is impossible to find where in the book their works are discussed.
We sincerely hope that the second edition of the book will contain a
more comprehensive index.
The book's chapters are:
1. The Politics of Trauma
2. How We Remember
3. What is Psychological Trauma?
4. Memory for Trauma
5. Mechanisms of Traumatic Memory
6. Theories of Repression and Dissociation
7. Traumatic Amnesia
8. False Memories of Trauma
9. A View from the Laboratory
10. Controversies on the Horizon
In the past, trying to address the claims of proponents of
recovered memories has been like pinning jello to a wall. As soon as
one claim, such as the accuracy of memories recovered in hypnosis, was
exposed, another would pop up. Finally, there is a book in which all
the myths are scientifically and comprehensively exposed and
debunked. We highly recommend this book.
[1] FMSF Newsletters: 9(6), 10(3), 10(5), 10(6), 11(1), 11(3), 11(5),
12(1), 12(2).
______________________________SIDEBAR_______________________________
/ \
| "Events that are terrifying or violent are almost always |
| remembered -- often all too well. Events experienced as |
| "uncomfortable," "shameful," and "embarrassing" may be forgotten. |
| forgotten. However, this forgetting is not due to dissociation |
| but rather to voluntary, active, and conscious efforts to suppress |
| distressing memories. |
| |
| There are no scientific data that trauma victims dissociate and |
| forget their abuse. Proponents of this theory need to spend less |
| time talking to relatively affluent patients seeking explanation |
| for their psychological distress, and more time talking to real |
| victims of childhood sexual abuse -- often those without resources |
| to seek therapy. Experimental data do indicate that dissociation |
| is clearly related to something -- a tendency to create false |
| memories." [1] |
| Susan A. Clancy, Ph.D., |
| Research Fellow |
| Dept. of Psychology, Harvard U. |
| Letter in Washington Post on Feb. 25, 2003 |
| |
|[1] Clancy, S. A., Schacter, D. L, McNally, R. J., & Pitman,R.K.|
| (2000). False recognition in women reporting recovered memories of |
| sexual abuse. Psychological Science, 11, 26-31; Winograd, E., |
| Peluso, J. P., & Glover, T. A. (1998).Individual differences in|
| susceptibility to memory illusions. Applied Cognitive Psychology, |
| 12, S5-S27; Heaps, C., & Nash, M. (1999).Individual differences|
| in imagination inflation. Psychonomic Bulletin & Review, 6, |
| 313-318. |
\____________________________________________________________________/
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A Prospective Study of Memory for Child Sexual Abuse:
New Findings Relevant to the Repressed-Memory Controversy
Goodman, G.S., Ghetti, S., Quas, J.A., Edelstein, R.S., Alexander,
K.W., Redlich, A.D., Cordon, I.M., Jones, D.P.H. (2003). Psychological
Science 14 (2), 113-118
The recovered memory debate has centered on whether there are special
memory mechanisms for highly traumatic events that are different from
normal memory processes. Memory researchers have argued that both
normal and traumatic events are subject to ordinary memory processes.
Others have argued that child sexual abuse (CSA) may be so traumatic
that the memories become inaccessible for long periods because of
special memory mechanisms such as repression or dissociation.
Most of the research supporting the special memory notion has been
based on retrospective studies and on abuse that was never verified.
There have, however, been two prospective studies that showed a
sizable percentage of people who did not report CSA that had been
documented in the past (Williams, 1994, and Widom & Morris, 1997).
Goodman et al. wanted to compare the disclosure rate in a
population of 186 subjects who had been victims of CSA that resulted
in legal actions with the disclosure rate in the two previous
prospective studies. They also wanted to identify predictors of
disclosure.
The researchers began with a telephone interview (N=175), then a
mailed questionnaire (N=129), and finally conducted an in-person
interview (N=107). In all three phases they asked about victimization,
legal experiences, and attitudes toward the legal system. This paper
reports only data about disclosure of CSA.
In the telephone interview, 26 people did not report abuse that
led to legal action, the target case. Of these, 12 reported the target
case on the questionnaire or in the personal interview. The resulting
8% of subjects who did not disclose the target case is much lower than
that reported by Williams (38%) or Widom & Morris (37%).
The authors conclude that the results indicate that forgetting CSA
may not be a common experience. They found that the greater the
severity of the abuse and the older subjects were when they
experienced it, the more likely they were to disclose. They observed
that people remember salient events, as long as the events take place
after the period of childhood amnesia. "Because severe abuse is often
a salient experience, it should be recalled," they note. Goodman and
colleagues conclude that "these findings do not support the existence
of special memory mechanisms unique to traumatic events, but instead
imply that normal cognitive operations underlie long-term memory for
CSA."
Widom, C.S., & Morris, S. (1997). Accuracy of adult recollections of
childhood victimization. Part 2: Childhood sexual abuse. Psychological
Assessment, 9, 34-46.
Williams, L.M. (1994). Recall of childhood trauma: A prospective study
of women's memories of child sexual abuse. Journal of Consulting and
Clinical Psychology, 62, 1167-1176.
______________________________SIDEBAR_______________________________
/ \
| What is the Value? |
| |
| "What is the value of the time innocent people spent being coerced |
| and threatened; the time they languished, without cause, in jail |
| or in prison? |
| |
| "Does all the world's money make whole people who lost their |
| children even though the kids had not been touched inappropriately |
| and were in no danger?" |
| Editorial |
| Seattle Post-Intelligencer |
| March 27, 2000 |
\____________________________________________________________________/
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A Picture is Worth a Thousand Lies:
Using False Photographs to Create False Childhood Memories
Wade, K.A., Garry, M., Read, J.D., & Lindsay, S. (2002),
Psychonomic Bulletin and Review 9, 597-603.
The researchers set out to see if people would develop false memories
from doctored photographs as they have been shown to do when false
details have been embedded in narratives. They noted the three
conditions that seem to be needed for people to create a false memory:
"First, they must accept that the suggested event is plausible.
Second, they must create contextual information for the event, such as
an image and a narrative. Third, they must commit a source monitoring
error: Subjects must wrongly attribute their memory construction to
personal experience rather than to an image they have created."
Twenty "confederates" recruited a family member over the age of 18
to participate. The family member had taken neither a hot-air balloon
ride nor a psychology class. The confederates provided photos of the
subject when he or she was between 4 and 8 years old. The researchers
pasted pictures of the subject and family members into photos of a
hot-air balloon.
After three sessions including viewing the doctored pictures and
guided imagery exercises, 50% of the subjects created false childhood
memories. Most of the false details that the subjects reported were
not in the photos but seemed to originate from the guided imagery
exercises, imagination, and real-life events.
The authors observed that some therapists specializing in
recovering memories of trauma have encouraged clients to study family
pictures as a way of triggering memories. They commented:
"Viewing authentic childhood photographs while trying to recover
traumatic memories may promote vivid visual images. While some of
these images are undoubtedly fragments of genuine experiences, others
may be wholly fictional. Might these images -- both true and false --
subsequently be incorporated, along with products of suggestion and
imagination, into illusory memories?"
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Imagination Can Create False Autobiographical Memories
Mazzoni, G., & Memon, A. (2003)
Psychological Science 14 (2), 186-188.
Previous research has shown that just imagining an event can increase
the belief that the event actually happened. An increase in belief
that an event happened, however, does not necessarily mean that a
person has a memory of the event. People regularly believe in some
events that they do not actually remember, such as being born in a
particular place. The goal of this study was to see if imagination
altered biographical memory as well as beliefs.
Mazzoni and Memon administered the "Life Events Inventory" (LEI) to
82 British students. The nonoccurring item in the inventory was one
that does not take place in the United Kingdom: "Having a nurse remove
a skin sample from my little finger."
In the first session, subjects filled out the LEI. A week later,
participants were randomly assigned to two groups. One group imagined
an event about having a baby tooth extracted, a frequent event. The
other group imagined the skin event. Both groups also completed
various tests and completed the LEI. At the last meeting the following
week, subjects again filled out the LEI.
The results showed that memories of skin removal were 4 times more
likely to occur after imagination than after simple exposure to
misinformation. "People can develop both a belief in and a memory of
an event that definitely did not happen to them by simply imagining
its occurrence. Imagination alone, without any additional suggestive
procedure, (a) increased participants' convictions that an event had
occurred in their childhood, and (b) also produced false memories of
the event."
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Seeking the Middle Ground in the "Memory Wars"
Essay Book Review
James Ost, (2003, Feb.)
British Journal of Psychology, 27 (2), 125-139.
The author reviews 6 books that claim to be "defining some kind of
middle ground." It was his impression that most of the books
"juxtapose `stand-alone' contributions from specific authors, rather
than attempt to get both `sides' together." He noted that none of the
books provides a clear picture of what a `middle ground' should look
like. Dr. Ost believes that to the extent there is a middle ground it
will be found in studies that examine the context in which people
remember and forget.
Books Reviewed
* Davies, G.M & Dalgleish, T. (Eds.) Recovered Memories: Seeking the
Middle Ground, Wiley, 2001.
* Williams, L.M. & Banyard, V. L. (Eds.), Trauma and Memory, Sage,
1999.
* Lynn, S. J. & McConkey, K.M. (Eds.) Truth in Memory, Guilford, 1998.
* Read, J.D. & Lindsay, D. S. (Eds.) Recollections of Trauma:
Scientific Evidence and Clinical Practice, Plenum, 1997.
* Conway, M.A. (Ed.) Recovered Memories and False Memories, Oxford,
1997
* Pezdek, K. & Banks. W. P. (Eds.) The Recovered Memory/False Memory
Debate, Academic Press, 1996.
______________________________SIDEBAR_______________________________
/ \
| "Truth about recovered memory may lie at either end of the |
| continuum: nothing requires us to assume that it must constitute a |
| compromise between two sharply divergent views. Analogously, one |
| person may believe that the earth is round, whereas another may |
| believe it is flat, but a `balanced' view of the matter does not |
| compel us to conclude that the earth is therefore oblong." |
| McNally, R. J. |
| Journal of Clinical and Experimental Hypnosis |
| 47, Oct. 1999, p. 374 |
\____________________________________________________________________/
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Clergy Sex Abuse Scandal and Repressed Memory Cases
In January, 2003, the New York Times published the results of its own
study on the scope of the priest sex-abuse scandal. [1] The study's
authors wondered if lawyers and the news media had exaggerated the
problem or if it was a growing malignancy in church culture.
The Times created a database and collected information from
newspaper clippings, court records, church documents and checked the
names with the victim advocacy public lists of accused priests. They
also contacted dioceses across the country. They included only
ordained priests who were identified by name and accused by a minor.
In January, they had identified 1,200 priests who had been accused
of sexual abuse, about 1.8 percent of priests ordained since 1950. The
Times noted that in places where courts have ordered the Church to
provide complete lists, the percentages are far higher. The Times
wrote that in Baltimore it is estimated that 6.2 percent of priests
were implicated in the abuse of minors in the past 50 years. The abuse
seemed to have peaked in the 1970s and 1980s and touched every
diocese. Half of the priests were accused of molesting more than one
minor and 80 percent were accused of molesting boys.
The Foundation has not actively tracked the priest cases, but it
has collected newspaper articles on the topic. Responding to requests
from several sources, the FMSF reviewed the articles published since
January 2002 to see how many legal suits had been brought against
priests based on claims of recovered repressed memories. Given the
major limitations of newspaper articles as a source of data, the FMSF
review found that there appear to be at least 100 such cases brought
in 25 states since January 2002.
[1] Goodstein, L. "Trail of pain in church crisis leads to nearly
every diocese." The New York Times, Jan. 12, 2003, p.1.
______________________________SIDEBAR_______________________________
/ \
| "There is no crueler tyranny than that which is perpetrated under |
| the shield of law and in the name of justice." |
| Baron de Montesquieu |
| 1742 |
\____________________________________________________________________/
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Development of Sexually Abusive Behaviour
in Sexually Victimized Males:
A Longitudinal Study
Salter, D., McMillan, D., Richards, M., Talbot, T., Hodges, J..
Bentovim, A. Hastings, R. Stevenson, J., Skuse, D.
The Lancet, 361 (9356), Feb 8, 2003, 471-476.
Salter and colleagues observed that many professionals who work with
sexually abused children believe that perpetrators of sexual abuse
were often themselves abused as children. It is important to know if
this is, in fact, the case because then intervention programs could be
designed that would be more effective than they are now.
Most studies of the "cycle of abuse" have been based on
retrospective recall, presenting serious limitations. Salter et al.
report on a longitudinal study following 224 male child sexual abuse
victims up to the age of 18 to 32 years. They asked police and social
services across Britain whether they knew if the victims had
themselves committed sexual crimes.
The authors found that most of the abused children did not grow up
to be sexual abusers. The overall rate of victims who became
perpetrators was 11.6%. Salter and colleagues found that those who
became abusers began in adolescence. They also found an influence of
both genetic and social factors. Child neglect and intrafamilial
violence were associated with repetition of sexual abuse. Being abused
by a female was a risk factor, but being a victim of more serious
abuse or of multiple abusers did not make a boy more likely to become
an abuser.
A commentary appearing with the article suggested that a study of
the factors that contributed to the resilience of many individuals who
have developed "a meaningful life in spite of a terrible history"
would also be valuable in the development of prevention programs.
______________________________SIDEBAR_______________________________
/ \
| Would You Believe? |
| |
| A prison in Texas refused to allow No Crueler Tyrannies: |
| Accusations, False Witness and Terrors of Our Times by Dorothy |
| Rabinowitz to be sent to inmate Bruce Perkins. Officials wrote: |
| |
| "The specific factual determination has been made that the |
| publication is detrimental to prisoner's rehabilitation because it |
| would encourage deviate criminal sexual behavior." |
| |
| Mr. Perkins appealed the decision explaining that large parts of |
| the book had already appeared in columns in the Wall Street |
| Journal. The prison allowed Perkins to have the book after they |
| removed pages that they found inappropriate. |
| |
| Rabinowitz is in good company. In 1999, the same prison refused |
| "Jeopardy in the Courtroom" written by Stephen Ceci and Maggie |
| Bruck and published by the American Psychological Association for |
| the same reason. In that case, they destroyed the book. |
| |
| (Bruce Perkins has been in prison since 1993, convicted on charges |
| tainted with recovered memories and suggestion. Officials recently |
| denied him parole, commenting that they thought he needed more |
| time in prison. That is the price that is paid by prisoners who, |
| like Gerald Amirault and Bruce Perkins, refuse to confess.) |
\____________________________________________________________________/
**********************************************************************
L E G A L C O R N E R
FMSF Staff
______________________________________________________________
U.S. Supreme Court Hears Important Statute of Limitations Case
Stogner v. California, No. 01-1757, U.S. Supreme Court
In early April, the U.S. Supreme Court heard a case with far-reaching
implications. The Court's decision in Stogner v. California could
determine when states can erase statutes of limitations and begin
prosecutions. Seattle attorney Jeffrey Fisher, who filed a brief on
behalf of the National Association of Criminal Defense Lawyers, noted
that the Court's decision "could be a watershed in the law."[1]
In 1998, 70-year-old retired paper-plant worker Marion Stogner was
charged with molesting one daughter from 1955 to 1964 and another
daughter from 1967 to 1973. The allegations against Stogner arose in
the course of an investigation of one of Stogner's sons who was
eventually convicted of molesting his two stepdaughters. Stogner's
other son was convicted of molesting children in a daycare center.
Police say that Stogner created such a dysfunctional home life that
his two sons became sexual molesters. Stogner's two daughters, who
have not spoken to each other for 20 years, both say their father
abused them when they were children. Marion Stogner denied abusing his
children and argued that the charges were an after-the-fact
punishment.
In 1994, the California Legislature retroactively repealed the
time limit for filing criminal charges against perpetrators who
sexually abused children under 18.[2] The time limit had run out for
charges against Stogner long before the 1994 law was passed. Stogner's
lawyer, Elisa Steward, said that the charges against her client are so
old, she cannot mount a defense: "You can't change the rules in the
middle of the game."[3]
California has no time limit for bringing charges of murder,
embezzlement of public funds, and a few other crimes that carry a life
prison term. Most felonies however, have a three-year limit in which
to bring charges.
The Supreme Court justices must consider whether California
violated Stogner's constitutional rights by prosecuting him on charges
of molesting his daughters almost 50 years ago. Until now, most legal
experts have assumed the Constitution's ex post facto clause bars the
government from reopening a case after the time limit for prosecution
has expired. "Statutes of limitations are a bedrock principle of
American law. . . They protect the accused from the consequences of
charges grown stale with age, conceived from unreliable memories or
based on lost or dead witnesses."[4]
The specific questions before the Court are: 1) Does a California
statute that retroactively changes the statute of limitations, so as
to revive a previously expired cause of action in a criminal case, on
its face, violate the ex post facto clause? 2) Does a California
statute that retroactively changes the statute of limitations, so as
to revive a previously expired cause of action in a criminal case, on
its face, violate the due process clause?
The United States Constitution, Article I, section 10, clause 1,
provides: "No State shall ... pass any ... Ex Post Facto Law ..." A
law is considered ex post facto if it criminalizes an act that was not
a crime when it was committed; "aggravates" a crime, making it more
serious than it was when committed; makes the punishment greater than
it was when the crime was committed; or alters the legal rules of
evidence to make it easier for the government to obtain a
conviction.[3]
The State of California, the Association of Criminal Defense
Lawyers, the American Psychological Association, and the Bush
Administration were among the groups that weighed in on this case.
The California law was specific about cases involving crimes of
child sex abuse, but the California brief argued that the government
could reopen past criminal cases of all sorts without violating the ex
post facto ban.
The brief from the defense attorneys supported overturning the
1994 law. The defense lawyers argued that the statute of limitations
protects the presumption of innocence by preventing surprises through
revival of claims that have been allowed to slumber until evidence has
been lost, memories have faded, and witnesses have disappeared.
Defense attorneys noted that it is very difficult to defend yourself
after a certain amount of time. They worry that people might not be
able to find needed witnesses or documents.
The American Psychological Association argued for maintaining the
1994 law but did not address the issues of constitutionality. They
submitted evidence about reasons why victims of childhood sexual abuse
may wait years before reporting the abuse to the law.
A lawyer for the Bush Administration argued that the California
law should be upheld. In the administration amicus brief, it was
argued that a ruling for Stogner would weaken parts of the USA Patriot
Act in which statutes of limitations had been withdrawn retroactively
in terrorism cases involving hijackings, kidnappings, bombings, and
biological weapons.
Many cases are on hold until the Supreme Court makes its decision.
If it strikes down the California law, defense lawyers may use it to
limit cases involving allegations of sex abuse from the past. If the
law is upheld, it will mean many more prosecutions from the past.
Justice Ruth Bader Ginsburg pointed out that the case was not limited
to just child abuse. "It could be pickpocketing."[3] The decision is
expected before July.
[1] Savage, D.G. "The nation; Justices weigh how the law is enforced;
High court debates 2 California cases," Los Angeles Times, April
1, 2003, Main News, p. 20.
[2] The 1994 California law was upheld by the California Supreme Court
in People v Frazer, No. S067443, 1999 Cal. LEXIS 5535. A point of
the 1994 law that is relevant to recovered memory cases is that
prosecutors must have "independent evidence that clearly and
convincingly corroborates the victim's allegations" and that such
evidence cannot consist of the opinion of a mental health
professional.
[3] Greenhouse, L. "Justices hear debate on extending a statute of
Limitations." New York Times, April 1, 2003.
[4] Kravets, D. In abuse case, justices to weigh bedrock principle:
Time limits." Philadelphia Inquirer, March 20, 2003, A5.
________________
Amirault Update:
This past February, Gerald Amirault requested that his sentence be
commuted. Recall that last year the Massachusetts Parole Board had
unanimously recommended his release noting that continued
incarceration would constitute "gross unfairness" and that there was
"real and substantial doubt" about his guilt. Acting Governor Jane
Swift, however, rejected that recommendation.
In March, 2003, the Advisory Board of Pardons unanimously
recommended that Mr. Amirault's commutation petition be denied. The
board determined that because he is eligible for parole later this
year, Amirault has an available remedy. The Governor accepted the
Board's recommendation and denied the petition.
Many people believe that Gerald Amirault, who has been in prison
for 17 years, is innocent and was unfairly convicted of sexually
abusing children at Fells Acre Day School in the mid-1980s. His mother
and sister were released from prison 8 years ago.
For more about the compelling Amirault story, read D. Rabinowitz's
new book No Crueler Tyrannies: Accusation, False Witness, and Other
Terrors of Our Times.
______________________________
Jane Doe Sues Elizabeth Loftus
Taus v Loftus, No FCS 021557,
Sup. Ct. of Cal., Solano County
The young woman who was the focus of "Who Abused Jane Doe?" (Skeptical
Inquirer, May/June, 2002) has filed a lawsuit against authors
Elizabeth Loftus, Ph.D. and Melvin Guyer, Ph.D., commentator Carol
Tavris. Ph.D., Shapiro Investigations, the Skeptical Inquirer, and the
University of Washington.[1] The suit claims that Loftus and others
invaded her privacy, defamed her, and caused negligent and intentional
infliction of emotional distress. The complaints appear to be the same
as those brought to the attention of the University of Washington
several years ago. After a one-year and nine-month investigation, the
University of Washington cleared Loftus of the charges.
Loftus and Guyer did not reveal the real name of "Jane Doe" in the
article or in any other place. Nicole Taus revealed it herself by
filing the suit. In addition, someone sent an anonymous, defamatory
letter to the University of California Irvine newspaper with her name
in it. The paper printed the name and it is now public.[2]
[1] See box below for a description of article reprinted from
July/August FMSF newsletter.
[2] Claridad, J. "Controversial psychologist is accused of libel and
invasion of privacy by alleged abuse victim." New University (UC
Irvine student paper). 25 (12), April 10, 2003.
Article available at:
faculty.washington.edu/eloftus/Articles/JaneDoe.htm
______________________________SIDEBAR_______________________________
/ \
| WHO ABUSED JANE DOE? |
| The Hazards of the Single Case History |
| |
| Loftus, E.F. & Guyer, M. J. |
| Skeptical Inquirer, |
| |
| Part 1 - May/June 2002, 24-32, |
| Part 2 -July/August, 2002, 37-40. |
| |
| lthough all research involves sleuthing, this important article by |
| Elizabeth Loftus and Mel Guyer reads as much like a detective |
| story as a psychological study. In it the authors describe what |
| they learned when they set out to check the facts presented in the |
| 1997 case study written by David Corwin and Erna Olafson.[1] |
| |
| The case study had been presented as proof that repression/ |
| dissociation exists and that traumatic memories can eventually be |
| reliably recovered. |
| |
| The case study began in 1984 when Dr. Corwin was asked to |
| interview 6-year-old "Jane Doe" in the context of a custody |
| dispute in which the father claimed that the mother had sexually |
| and physically abused Jane. Before Corwin's first interview, Jane |
| told of abuse in interviews with a police investigator and with |
| Jane's therapist. Corwin's initial interview supported Jane's |
| sexual abuse allegation. Interviewed again at age 17 in 1995, Jane |
| was renewing a relationship with her mother and appeared to have |
| forgotten her earlier claims of abuse. When shown a videotape of |
| her earlier interview and asked directly about the accusations, |
| Jane then did remember. |
| |
| That the article was taken very seriously in the profession was |
| evidenced in the comments that were published with the article. |
| For example, Paul Ekman, Ph.D. who is the leading psychological |
| expert in detecting deception from facial expressions of emotion, |
| believed Jane's early reports of abuse. Psychiatrist Frank Putnam, |
| M.D. was impressed by Corwin's awareness of the risks of leading |
| questions. Psychologist Jonathan Schooler, Ph.D. wrote that he |
| hoped skeptics would be persuaded by this case that individuals |
| really can have repressed memories of real abuse. |
| |
| Loftus and Guyer note that the article has also been taken very |
| seriously in legal circles: "Lawyers presented the case at |
| conferences, assuming it was authentic .... Expert witnesses began |
| presenting the case in court as concrete proof of the validity of |
| repressed memories...." |
| |
| We will not spoil the mystery by commenting on what Loftus and |
| Guyer found beyond repeating the authors' general comment: "Our |
| investigation produced much valuable information that should |
| assist scholars in making their own decisions about whether Jane |
| was abused, and if so, by whom." We believe that this is a |
| particularly important paper, not only for what it says about the |
| recovered memory phenomenon in particular, but also for what it |
| says about the use of case studies in general. |
| |
|[1]Corwin, D. & Olafson, E."Videotaped Discovery of a Reportedly|
| Unrecallable Memory of Child Sexual Abuse: Comparison With a |
| Childhood Interview Videotaped 11 Years Before," Child |
| Maltreatment, Vol 2 (2) May 1997, 91-112. |
\____________________________________________________________________/
____________________
Paul Ingram Released
Having completed his prison term, Paul Ingram, former Washington State
law officer, was released from jail on April 8, 2003, 14 years after
confessing to being part of a satanic cult. His case ignited a
firestorm in the recovered-memory/satanic ritual abuse controversy,
and for several years people cited it as proof of the extent to which
satanic cults had infiltrated American society. Before it was over,
police had dug up Ingram's yard looking for bodies they thought had
been killed in satanic ritual activities. Nothing was ever found and
the case fell apart when Richard Ofshe, Ph.D. demonstrated that the
deeply religious and highly suggestible Ingram would confess to
activities suggested to him, even if impossible. Ingram was convicted
based on his confession, but cases against two others similarly
accused were dropped. The Ingram case is a striking example of the
difficulty in reversing a conviction, even when the case is a national
example of suggestibility and false memories.
According to an article in The Olympian,[1] Paul Ingram has been
initially classified as a Level 3 offender, the highest risk to
re-offend. According to a risk management specialist for the
Washington State Department of Corrections, Ingram had 24 hours to
register as a sex offender. He will be on supervised community
placement, meaning that the Department of Corrections must approve his
living arrangement. He cannot travel without permission, and he must
be supervised by someone from the sex offender unit who will meet with
him from five to ten times a month. Ingram will also have to enroll in
a sex offender treatment program.
On April 16, Dan Brailey, founder of the Ingram Organization,
attended a community meeting with people concerned about the fact that
Paul Ingram was a convicted sex offender. Brailey reported that he was
"floored by people and their emotions." He said that one woman was
worried because Ingram had been a law enforcement officer. She asked
the group what would prevent Ingram from putting on a McGruff outfit
[2] and luring children into his house.
Another person has accused Ingram of "driving by slow" when
children are playing in front of her house. But in fact it is Ingram's
sister who drives, and there is a stop sign where the neighbor lives,
says Brailey.
For more information about this case:
www.thelocalplanet.com/Current_Issue/Cover_Story/Article.asp?ArticleID=3659
and
members.aol.com/ingramorg
[1] Shannon, B., "Man in notorious sex case finishes term." The
Olympian, April 8, 2003, p. 1.
[2] McGruff outfit refers to a huge costume sometimes worn by police
when they do programs with children. McGruff the crime dog ? Take
a bite out of crime.
COMMENT FROM HOWARD FISHMAN: Some of the reactions to Paul Ingram's
release underscore the ignorance that typifies child abuse hysteria.
This particular variant was elegantly discussed by Jeffrey Victor in
Satanic Panic, a book that describes the phenomena known to
sociologists as "social panics."
Kenneth Lanning, a staff member of the F.B.I.'s Behavioral Science
Laboratory, initially supported a local police training initiative to
assure that law enforcement officers were able to identify, assess and
intervene in Satanic Ritual Abuse cases. After eleven years of
tracking such reports, Lanning acknowledged that these cases were more
suited to psychiatric intervention than to law enforcement activities.
A massive study of ritualistic child abuse was completed in the
fall of 1994. It was funded by the US Federal Government's National
Center on Child Abuse and Neglect.
Responses were obtained from more than 6,900 clinicians
(psychiatrists, clinical psychologists, and social workers); and from
more than 4,600 agencies (county District Attorneys, Departments of
Social Services and municipal Law Enforcement agencies).The major
findings:
* Only 1 of 12,264 suspected cases was accepted as real abuse.
This involved a 16-year-old male whose parents were Satanists. He took
part in rituals which sometimes involved sexual activity. He was an
observer, victim and perpetrator. None of the usual factors associated
with the public's perception of Satanic Ritual Abuse was present in
this case; no infant killing, animal torturing, blood drinking, flesh
eating, etc. o In these reported cases, child victims' stories do not
agree with adult survivor memories: child victims report scary
activities (e.g. being put in a coffin and lowered into a grave);
adult survivors talk of child memories of horrendous activities (e.g.
including the killing of infants, cannibalism, drinking blood, the
most extreme torture and mutilation, etc).
* Little or no physical evidence was found. The most common
evidence: scars that could have been self-inflicted.
* No child pornography involving Satanic themes -- a commonly
reported phenomenon -- has been discovered in the U.S.
* No evidence exists of bizarre and horrible Satanic ritual abuse
scenarios which were regularly reported in many repressed memory cases
among adults.
* No unequivocal evidence of large scale, well-organized Satanic
cults exists.
Dr. Gail Goodman, a psychologist at the University of California
at Davis led the study. She said: "After scouring the country, we
found no evidence for large-scale cults that sexually abuse children."
She also observed: "While you would not expect to find corroborating
evidence in many sexual abuse cases, you would expect it when people
claim the rituals involved murders, and the reported cases come from
district attorneys or police...If there is anyone out there with solid
evidence of satanic cult abuse of children, we would like to know
about it."
Goodman, G.S. et al., Characteristics and Sources of Allegations
of Ritualistic Child Abuse. Washington, DC: National Center on Child
Abuse and Neglect, 1994.
Lanning, K.V. Investigator's Guide to Allegations of "Ritual"
Child Abuse. Jan. 1992, FBI Academy, Quantico, VA 22135.
Victor, J.S. Satanic Panic: The Creation of a Contemporary Legend.
Chicago: Open Court, 1993.
**********************************************************************
F R O M O U R R E A D E R S
_____________
Really Abused
I remember my first FMS Foundation meeting and the feelings I had.
When False Memory Syndrome was discussed, I began feeling more and
more upset. I recall standing up and saying very emotionally: "That is
not the way sexual abuse is at all." But I wasn't able to explain.
Several years ago someone wrote in the newsletter that she would
like to hear from someone who could tell what it was like to have been
really abused. I wanted so much to reply, but I did not know how.
The answer for me was the January/February FMSF newsletter report
about a new article "Sexual Contact Between Children and Adults: A
Life Course Perspective." Authors Browing and Laumannn put in words
what I had been unable to explain. I don't know how to tell you how
much that research meant to me.
When I was a child, I thought I was the only little girl in the
world who had this happen to her. I was a frightened child. I never
told anyone I had been abused until I was in my thirties. No one knew.
But I knew every single day. You do not forget, ever. My father
invaded my life mentally and emotionally. I don't even know when the
abuse began. As far back as I can remember, it was ongoing and daily.
I did not want my children going through that.
I credit my survival to my mother's side of the family. My
grandmother, in particular, was a strong, strict little lady, and I
loved her and my mother's sisters. My grandmother had a wonderful
sense of humor and I wanted to be just like her when I grew up.
Now I suffer again because I lost my girls. The pain is almost
unbearable to have my daughters believe the things they do. I married
their father because he was the opposite of my father ? and that was
very important to me. I was very watchful of my children. Even now,
after 13 years, I feel strong anger about my daughters' gullibility
and lack of understanding.
The Browing and Laumann article speaks clearly on the subject and
confirms that response to real abuse is totally different than that
suggested by recovered memory therapists and literature. The recovered
memory model predicts that the abuse will inevitably have negative
consequences throughout the child's life. The Browing and Laumann
model predicts that because of the early sexualization, a child may
engage in potentially harmful sexual behavior in adolescence or early
adulthood that, in turn, creates adverse long-term consequences.
However, their model leaves open the possibility for helpful
interventions such as I received from my grandmother.
It is a lonely feeling to be abused as I was and to remain silent,
not wanting people to know the "real me." Thank you for the
information that put in words the experience of real abuse. Abuse is
an awful thing but it does not condemn a person to a life of misery.
A Mom
_________________________
Son Returns As A Stranger
Our son returned to the family after September 11, 2001, realizing how
important family is. He also had two friends who were very ill.
Nothing has been discussed regarding his estrangement for so many
years. Sadly, he hardly knows the nephews and nieces who were born
during his absence. They are like strangers.
A Mom
__________
Like It Is
Many years ago when our daughter was in her mid-thirties (she is now
46), we were puzzled by the strained relations that began to surface.
She lived about 120 miles north of us. She was married and had two
small boys at the time. She started sending back all correspondence
unopened, and on the phone she seemed distant. Then she stopped
communicating altogether.
It was only then that our other two adult children, one younger
and one older than her, decided to tell us about the letters that they
had received from her. In these letters, she claimed that she
remembered unspeakable sexual abuse (from one month of age) by her
father and me. She was in therapy at the time that she was recovering
these "memories." I am not sure why she was in therapy, but I thought
it might have been because her sister had been killed in a car
accident. She was 16 and her sister 14 when that happened.
Subsequently, we lost all personal contact with her. We only knew
where she was and what she was doing through some other relatives who
had limited contact with her. My other daughter, who is two years her
senior, tried to tell her that none of these terrible things that she
"remembered" had really happened. The accusing daughter told her
sister that both she and her brother were "in denial," and she cut off
contact with her sister as well.
Over the years, she has come up with more outlandish claims. For
example, she claimed that when she was 13 she was gang raped at a
holiday get-together with the whole family. She believed that her
father, grandfather, uncle, cousin and 12-year-old brother all
participated. There are many, many other outrageous claims.
We learned that years ago she divorced her husband and moved to
Florida with her two boys. My husband passed away in 1997, dying with
this terrible hurt on his heart. We have had no contact with our two
grandsons in all these years. I am sure that they were brought up to
think that their grandparents are some kind of monsters. What a great
loss for those boys as well as for us!
A Mom
_________________
Truth Is Slippery
Sometimes yes, sometimes no. We know our own truth, even when we have
to find a meeting of minds with others, don't we? The worst part for
me is that I can't begin to find a meeting of minds in my daughter's
situation, since she will not talk to me. This casts her "truth" into
a compromised light. I wonder how a life can have any real internal
integrity when it relies on such compartmentalizing? What will be the
consequences of a lack of integrity when the story relies on isolation
from dialogue in order to continue holding together? Why doesn't she
love me anymore?
A Dad
______________________________SIDEBAR_______________________________
/ \
| "Finally, I have to note the query often raised in the course of |
| interviews about these cases. Did I recognize that child sex abuse |
| existed and was a serious problem, reporters would ask. A strange |
| question, that. The discussion of no other crime would require |
| such a disclaimer. Journalists who have written about false murder |
| charges are seldom asked to provide reassurances that they know |
| murder is a bad thing, and it really happens. |
| |
| "The question attests to the political fear attached to the |
| subject of child abuse, particularly the proposition that |
| children's accusations are not invariably truthful. Governor Jane |
| Swift would know something about political fear -- or more |
| precisely, expediency -- of that kind. So, too, would prisoner of |
| the Commonwealth of Massachusetts Gerald Amirault." |
| Rabinowitz, D. |
| Epilogue to a hysteria: |
| Did prosecutors really believe their phony child-abuse charges? |
| Wall Street Journal. March 23, 2003 |
\____________________________________________________________________/
**********************************************************************
Excerpt from Presentation of Carol Marks
at FMS Meeting in Glenview, IL
October 5, 2002
"I believe your involvement in FMS was actually the most invaluable
therapy for you. You were educated, inspired, joined by others with
similar stories and similar losses, and learned that you could work
together to try to make a difference. Many of you "took the bull by
the horns" and charged forward to inform the public, talk to the
media, write to your legislators, attend conferences and speak up,
contact judges and other officials, lobby associations and boards, and
bring some of the most egregious acts to light. Some of you sued or
tried to sue. You became experts and you did what you could to make it
better for others who would come after you. Then there are those of
you who retracted, who spoke out, rallied others to do the same and
worked and are still working to put an end to this FMS nightmare. Each
and every one of you have brought us to where we are today, looking
for the rest of the solutions and the way to clean up the road kill."
______________________________SIDEBAR_______________________________
/ \
| Far more difficult is the burden of living with a false memory, a |
| memory that is stranger than fiction and more capricious than a |
| mountain goat. |
| |
| It troubles me that I should make so conspicuous a blunder. It is |
| understandable that odd lines of verse, or the names of characters |
| in novels, should become muddled. The explanation for such average |
| transgression is that the item was misrecorded before it was |
| deposited in the memory bank. |
| |
| But how to explain when not just single words or names but whole |
| chunks of errant dialogue have been ingested, memorized and set in |
| stone?" |
| Davies, C. |
| "Betrayed by shifting sands of memory" |
| Yorkshire Post, Jan. 4, 2002 |
\____________________________________________________________________/
______________________________SIDEBAR_______________________________
/ \
| 10 Rules for Proponents of Recovered Memory |
| |
| [Elizabeth Loftus's evidence of memory fallibility is remarkable, |
| but] I find even more remarkable the utter lack of evidence for |
| memory repression: the pathological inability to remember |
| something that otherwise could not be forgotten. I am open to the |
| possibility of its existence, but I urge its proponents to follow |
| the following 10 rules - four "do's" and six "don'ts." |
| |
| |
| DO |
| Do prove the event occurred. |
| Do prove the subject witnessed the event. |
| Do prove the subject lost memory of the event. |
| Do prove that only repression |
| could explain the forgetting. |
| |
| DON'T |
| Don't claim that truth does not matter. |
| Don't rely on fiction as scientific evidence. |
| Don't accept evidence as proof of repression |
| unless other explanations are ruled out. |
| Don't vilify skeptics. |
| Don't distort clinical reports. |
| Don't omit material details. |
| |
| Robert Timothy Reagan |
| Senior Research Associate |
| Federal Judicial Center, Washington, D.C. |
\____________________________________________________________________/
______________________________SIDEBAR_______________________________
/ \
| "Memory believes before knowing remembers. Believes longer than |
| recollects, longer than knowing even wonders." |
| William Faulkner |
| Light In August, 1932 |
\____________________________________________________________________/
______________________________SIDEBAR_______________________________
/ \
| "Patients and families may seek out medical diagnoses to |
| legitimize experiences that might otherwise taint their |
| reputations and threaten their social status." |
| Kleinman, A. |
| "Psychiatry on the couch" |
| American Scientist, 90, November-December, 569-570 |
\____________________________________________________________________/
______________________________SIDEBAR_______________________________
/ \
| HUNGRY FOR MONSTERS |
| |
| A documentary film by |
| George Paul Csicsery |
| |
| When 15-year-old Nicole Althaus told a teacher that her father was |
| molesting her, the quiet affluent Pittsburgh suburb of Mt. |
| Lebanon, Pennsylvania, was turned inside out. Nicole's father, |
| Rick, was arrested and charged with sexually abusing Nicole amidst |
| bizarre satanic rituals. With the support of her favorite |
| teacher, police, therapists, social workers, and officers of the |
| court, all of whom believed her stories, Nicole began to embellish |
| her initial accusations. As she recovered more memories of wild |
| orgies, sacrificed babies, and murder, more people were arrested, |
| including her mother and a pair of strangers. |
| |
| A year later, all charges were dropped, and Nicole admitted that |
| her accusations were false. After Nicole and her parents |
| reconciled, they sued the authorities. This time, Nicole claimed |
| she was the victim of sexual abuse perpetrated by the very people |
| who had supported her allegations of abuse against her parents. |
| |
| Hungry for Monsters is a step-by-step account of one family's |
| ordeal with recovered memory therapy, the implantation of |
| memories, and accusations of sexual abuse. A case study from the |
| "memory wars," Hungry for Monsters shows how the lethal cocktail |
| of sexual politics, New Age therapeutic techniques, feminist and |
| Christian fundamentalist beliefs, well-intentioned social workers |
| and police officers, and sensation-starved media produced a |
| nightmare of persecution and injustice. |
| |
| Ordering Information |
| The introductory VHS price is $195.00 to universities/libraries/ |
| institutions and $39.00 to individuals for home use. Add $5.00 for |
| shipping. |
| George Csicsery |
| P.O. Box 22833, |
| Oakland, CA 94609-9284. |
| |
| Fax 510-429-9273. |
| Email: geosci@compuserve.com |
\____________________________________________________________________/
**********************************************************************
More about the Althaus Case
For the full background to the Althaus case see FMSF Newsletter Vol. 1
#5, May 21, 1992. For important legal ramifications, see FMSF
Newsletters Vol. 4(1), Vol. 5(4), Vol. 5(8), Vol. 6(9), Vol. 9(5).
Article from Vol. 7(4) is reprinted below.
__________________________
Pennsylvania Appeals Court
Upholds Psychiatrist's Liability to Accused Parents
Althaus v. Cohen, 1998 Pa. Super. LEXIS 631, 4/13/98.[4]
A psychiatrist who negligently misdiagnosed and treated a patient for
alleged parental sexual abuse, and who participated in criminal
proceedings against the parents, owed a duty of care to the parents
under the facts of the case, a Pennsylvania appeals court decided,
because it was reasonably foreseeable that the parents would be harmed
by the psychiatrist's negligence. In finding a duty owed to the
parents as well as the daughter, the court cited the fact that the
psychiatrist specifically treated the daughter for parental sexual
abuse, that the parents were directly affected by the psychiatrist's
negligent misdiagnosis and treatment, that the psychiatrist was aware
of and actively participated in the criminal proceedings, and that it
was foreseeable that the parents would be harmed by the negligence.
In a case of first impression, a divided (5-4) Pennsylvania
appellate court affirmed that a psychiatrist owes the parents of a
patient a duty of care when the doctor's actions ``extend well beyond
the psychiatric treatment of the child.'' The court upheld a 1994
Pennsylvania jury award of $272,232 in favor of Richard and Cheryl
Althaus and their daughter as entered against psychiatrist Judith
Cohen and the Western Psychiatric Institute.
As a result of Nicole's allegations of sexual molestation and ritual
abuse, her parents were arrested on more than one occasion and
criminally charged. Psychiatrist Cohen repeatedly stated that she was
not required to make any determinations about the credibility of
Nicole's allegations, though Cohen testified at a preliminary hearing
in the criminal case against the Althaus parents that she believed
that Nicole had been abused. According to the court, Cohen knew at
least some of Nicole's allegations were not true, but she
``essentially validated...unwittingly false testimony.'' The charges
were finally withdrawn after Nicole underwent an independent
psychiatric examination. The court-appointed psychiatrist testified
that the girl suffered from borderline personality disorder and that
he did not believe that she had ever been abused. The court-appointed
psychiatrist further testified that the abuse allegations were the
product of the disorder, which rendered Nicole unable to distinguish
fact from fantasy.
The majority concluded that Cohen owed a duty of care not only to
Nicole, but to her parents, who were directly affected by Cohen's
failure to properly diagnose and treat Nicole. ``Dr. Cohen became
deeply enmeshed in the legal proceedings against the Althauses and, in
doing so, placed herself in a role that extended well beyond the
therapeutic treatment context,'' the majority wrote. ``However,
because she chose to take this active role, the Althauses, as alleged
child abusers, had a reasonable expectation that Dr. Cohen's diagnosis
of Nicole, affecting them as it did, would be carefully made and would
not be reached in a negligent manner.''
The court applied traditional negligence principles of
foreseeability [5] in defining the group of persons who might be
affected by the therapist's actions. The majority wrote that courts
must weigh policy considerations and ``limit liability to those
instances where the harmful consequences of the physician's actions
could reasonably have been foreseen and prevented by the exercise of
reasonable care.''
The Althaus family was represented by Martha Bailor of Pittsburgh.
Larry Silverman, attorney for Cohen and the clinic, said an appeal is
likely.
[4] See FMSF Newsletters Jan. 1994, Sept. 1996, Sept. 1997 and FMSF
Brief Bank #2.
[5] The court found support for its decision in the line of cases
allowing claims by third parties against physicians who failed to
fully warn their patients to protect others from communicable
diseases.
In 2000, the Pennsylvania Supreme Court ruled that a psychiatrist had
no obligation to Richard and Cheryl Althaus. The parents had to
forfeit $213,000 they won in December 1994. Lawyers for the Althaus
couple saw no realistic way of appealing the Pennsylvania Supreme
Court decision.
**********************************************************************
* N O T I C E S *
**********************************************************************
* *
* Annual Meeting of Ontario and Quebec *
* Families, Friends and Professionals *
* *
* HAS BEEN POSTPONED *
* *
**********************************************************************
* THE JAUNDICED EYE *
* Producer: Amy Sommer *
* Video Now Available for Home Purchase *
* *
* The Jaundiced Eye has been shown on the Sundance Channel. It *
* chronicles the decade-long child abuse trials of a gay Michigan *
* man, Stephen Matthews, and his straight father, Melvin Matthews. *
* *
* Stephen's ex-girlfriend and her husband accused both men of *
* abusing Stephen's son. Stephen and Melvin were sentenced to 35 *
* years in jail even though there was never any evidence for claims *
* such as torturing the child with a machete. *
* For more information: *
* www.thejaundicedeye.com *
* To order: $29.95 *
* 800-201-7892 Ext 19 *
**********************************************************************
* *
* THE RUTHERFORD FAMILY *
* SPEAKS TO FMS FAMILIES *
* *
* The video made by the Rutherford family is the most popular video *
* of FMSF families. It covers the complete story from accusation, to *
* retraction and reconciliation. Family members describe the things *
* they did to cope and to help reunite. Of particular interest are *
* Beth Rutherford's comments about what her family did that helped *
* her to retract and return. *
* To order video send request to *
* FMSF Video, Rt. 1 Box 510 *
* Burkeville, TX 75932 *
* $10.00 per tape *
* Canada add $4.00 per tape *
* Other countries add $10.00 per tape *
* Make checks payable to *
* FMS Foundation *
* *
**********************************************************************
* FREE *
* "Recovered Memories: Are They Reliable?" *
* Call or write the FMS Foundation for pamphlets. Be sure to *
* include your address and the number of pamphlets you need. *
**********************************************************************
* *
* NO CRUELER TYRANNIES: *
* ACCUSATION, FALSE WITNESS, AND OTHER TERRORS OF OUR TIMES *
* Dorothy Rabinowitz *
* *
* Wall Street Journal/Simon & Schuster *
* (288 pp.) $25.00 Mar. 27, 2003 *
* *
* Wall Street Journal editorial board member and Pulitzer-winner *
* Rabinowitz revisits some of the most spectacular sexual-abuse *
* trials of the 1980s -- and concludes the guilty verdicts were *
* egregious miscarriages of justice. *
* from Kirkus Review, Feb. 1, 2003 *
* *
**********************************************************************
* 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. *
* To Order: 800-232-7477 *
**********************************************************************
* *
* "ASK AN EXPERT," *
* This American Life *
* June 14, 2002 *
* *
* About people who turned to experts and got horrible advice. *
* Features the Rutherfords and a retracting therapist. *
* *
* www.thislife.org. tapes@thislife.org *
* Tapes: "Ask an Expert," # 215, 6/14/02, $12 *
* Producer: Elyse Spiegel *
* *
**********************************************************************
* TWO WEBSITES WITH INFORMATION ABOUT MEMORY *
* *
* www.exploratorium.edu/memory/ *
* *
* The webpages based on a memory exhibit contain a wealth of *
* information -- from the dissection of a sheep's brain to *
* information about repressed memories. *
* *
* www.ctnow.com/memory *
* *
* The Hartford Courant ran a series of articles about memory from *
* September 2 - 11, 2002. Don't miss reporter Steve Grant's *
* September 8 interview with Daniel Schacter. *
**********************************************************************
* *
* WEB SITES OF INTEREST *
* *
* http://comp.uark.edu/~lampinen/read.html *
* The Lampinen Lab False Memory Reading Group *
* University of Arkansas *
* *
* www.tmdArchives.org *
* The Memory Debate Archives *
* *
* www.francefms.com *
* French language website *
* *
* www.StopBadTherapy.com *
* Contains phone numbers of professional regulatory boards *
* in all 50 states *
* *
* www.IllinoisFMS.org *
* Illinois-Wisconsin FMS Society *
* *
* www.ltech.net/OHIOarmhp *
* Ohio Group *
* *
* www.afma.asn.au *
* Australian False Memory Association. *
* *
* www.bfms.org.uk *
* British False Memory Society *
* *
* www.geocities.com/retractor *
* This site is run by Laura Pasley (retractor) *
* *
* www.geocities.com/therapyletters *
* This site is run by Deb David (retractor) *
* *
* www.sirs.com/uptonbooks/index.htm *
* Upton Books *
* *
* www.angelfire.com/tx/recoveredmemories *
* *
* Having trouble locating books *
* about the recovered memory phenomenon? *
* Recovered Memory Bookstore *
* *
* www.religioustolerance.org/sra.htm *
* Information about Satanic Ritual Abuse *
* *
* www.angryparents.net *
* Parents Against Cruel Therapy (David Hunter) *
* *
* www.geocities.com/newcosanz *
* New Zealand FMS Group *
* *
* www.werkgroepwfh.nl *
* Netherlands FMS Group *
* *
* LEGAL WEBSITES OF INTEREST *
* www.caseassist.com *
* www.findlaw.com *
* www.legalengine.com *
* www.accused.com *
* www.abuse-excuse.com *
* *
**********************************************************************
_____________________________________
F M S B U L L E T I N B O A R D
Contacts & Meetings:
_____________
UNITED STATES
ALABAMA
See Georgia
ALASKA
Kathleen 907-333-5248
ARIZONA
Phoenix
Pat 480-396-9420
ARKANSAS
Little Rock
Al & Lela 870-363-4368
CALIFORNIA
Sacramento
Joanne & Gerald 916-933-3655
Jocelyn 530-873-0919
San Francisco & North Bay
Charles 415-984-6626 (am); 415-435-9618 (pm)
San Francisco & South Bay
Eric 408-738-0469
East Bay Area
Judy 925-952-4853
Central Coast
Carole 805-967-8058
Palm Desert
Eileen and Jerry 909-659-9636
Central Orange County - 1st Fri. (MO) @ 7pm
Chris & Alan 949-733-2925
Covina Area
Floyd & Libby 626-330-2321
San Diego Area
Dee 760-439-4630
COLORADO
Colorado Springs
Doris 719-488-9738
CONNECTICUT
S. New England
Earl 203-329-8365 or
Paul 203-458-9173
FLORIDA
Date/Boward
Madeline 954-966-4FMS
Central Florida - Please call for mtg. time
John & Nancy 352-750-5446
Sarasota
Francis & Sally 941-342-8310
Tampa Bay Area
Bob & Janet 727-856-7091
GEORGIA
Atlanta
Wallie & Jill 770-971-8917
ILLINOIS
Chicago & Suburbs - 1st Sun. (MO)
Eileen 847-985-7693 or
Liz & Roger 847-827-1056
Peoria
Bryant & Lynn 309-674-2767
INDIANA
Indiana Assn. for Responsible Mental Health Practices
Pat 260-489-9987
Helen 574-753-2779
KANSAS
Wichita - Meeting as called
Pat 785-738-4840
KENTUCKY
Louisville- Last Sun. (MO) @ 2pm
Bob 502-367-1838
MAINE
Rumford
Carolyn 207-364-8891
Portland
Wally & Boby 207-878-9812
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
Nancy 248-642-8077
Ann Arbor
Martha 734-439-4055
MINNESOTA
Terry & Collette 507-642-3630
Dan & Joan 651-631-2247
MISSOURI
Kansas City - Meeting as called
Pat 785-738-4840
St. Louis Area - call for meeting time
Karen 314-432-8789
Springfield - 4th Sat. Jan,Apr,Jul,Oct @12:30pm
Tom 417-753-4878
Roxie 417-781-2058
MONTANA
Lee & Avone 406-443-3189
NEW HAMPSHIRE
Mark 802-872-0847
NEW JERSEY
Southern
Sally 609-927-5343
Northern
Nancy 973-729-1433
NEW MEXICO
Albuquerque -2nd Sat. (bi-MO) @1 pm
Southwest Room - Presbyterian Hospital
Maggie 505-662-7521 (after 6:30 pm)
Sy 505-758-0726
NEW YORK
Manhattan
Michael 212-481-6655
Westchester, Rockland, etc.
Barbara 914-761-3627
Upstate/Albany Area
Elaine 518-399-5749
NORTH CAROLINA
Susan 704-538-7202
OHIO
Cincinnati
Bob 513-541-0816 or 513-541-5272
Cleveland
Bob & Carole 440-356-4544
OKLAHOMA
Oklahoma City
Dee 405-942-0531
Tulsa
Jim 918-582-7363
OREGON
Portland area
Kathy 503-557-7118
PENNSYLVANIA
Harrisburg
Paul & Betty 717-691-7660
Pittsburgh
Rick & Renee 412-563-5509
Montrose
John 717-278-2040
Wayne (includes S. NJ) - 2nd Sat. (MO)
Jim & Jo 610-783-0396
TENNESSEE
Nashville - Wed. (MO) @1pm
Kate 615-665-1160
TEXAS
Houston
Jo or Beverly 713-464-8970
El Paso
Mary Lou 915-591-0271
UTAH
Keith 801-467-0669
VERMONT
Mark 802-872-0847
VIRGINIA
Sue 703-273-2343
WASHINGTON
Kathy 503-557-7118
WISCONSIN
Katie & Leo 414-476-0285 or
Susanne & John 608-427-3686
WYOMING
Alan & Lorinda 307-322-4170
_____________
INTERNATIONAL
BRITISH COLUMBIA, CANADA
Vancouver & Mainland
Lloyd 250-741-8941
Victoria & Vancouver Island
John 250-721-3219
MANITOBA
Roma 204-275-5723
ONTARIO, CANADA
London
Adriaan 519-471-6338
Ottawa
Eileen 613-836-3294
Warkworth
Ethel 705-924-2546
Burlington
Ken & Marina 905-637-6030
Waubaushene
Paula 705-543-0318
QUEBEC, CANADA
St. Andre Est.
Mavis 450-537-8187
AUSTRALIA
Evelyn
everei@adam.com.au
ISRAEL
FMS ASSOCIATION fax-(972) 2-625-9282
NETHERLANDS
Task Force FMS of Werkgroep Fictieve
Herinneringen
Anna (31) 20-693-5692
NEW ZEALAND
Colleen (09) 416-7443
SWEDEN
Ake Moller FAX (48) 431-217-90
UNITED KINGDOM
The British False Memory Society
Madeline (44) 1225 868-682
__________________________________________________
Deadline for the July/August Newsletter is JUNE 15
Meeting notices MUST be in writing
and should be sent no later than TWO MONTHS PRIOR TO MEETING.
+--------------------------------------------------------------------+
| Do you have access to e-mail? Send a message to |
| pjf@cis.upenn.edu |
| if you wish to receive electronic versions of this newsletter and |
| notices of radio and television broadcasts about FMS. All the |
| message need say is "add to the FMS-News". It would be useful, but |
| not necessary, if you add your full name (all addresses and names |
| will remain strictly confidential). |
+--------------------------------------------------------------------+
**********************************************************************
The False Memory Syndrome Foundation is a qualified 501(c)3 corpora-
tion with its principal offices in Philadelphia and governed by its
Board of Directors. While it encourages participation by its members
in its activities, it must be understood that the Foundation has no
affiliates and that no other organization or person is authorized to
speak for the Foundation without the prior written approval of the Ex-
ecutive Director. All membership dues and contributions to the Founda-
tion must be forwarded to the Foundation for its disposition.
**********************************************************************
Pamela Freyd, Ph.D., Executive Director
FMSF Scientific and Professional Advisory Board, May 1, 2003
AARON T. BECK, M.D., D.M.S., U of Pennsylvania, Philadelphia, PA;
TERENCE W. CAMPBELL, Ph.D., Clinical and Forensic Psychology,
Sterling Heights, MI;
ROSALIND CARTWRIGHT, Ph.D., Rush Presbyterian St. Luke's Medical
Center, Chicago, IL;
JEAN CHAPMAN, Ph.D., University of Wisconsin, Madison, WI;
LOREN CHAPMAN, Ph.D., University of Wisconsin, Madison, WI;
FREDERICK C. CREWS, Ph.D., University of California, Berkeley, CA;
ROBYN M. DAWES, Ph.D., Carnegie Mellon University, Pittsburgh, PA;
DAVID F. DINGES, Ph.D., University of Pennsylvania, Philadelphia, PA;
HENRY C. ELLIS, Ph.D., University of New Mexico, Albuquerque, NM;
FRED H. FRANKEL, MBChB, DPM, Harvard University Medical School;
GEORGE K. GANAWAY, M.D., Emory University of Medicine, Atlanta, GA;
MARTIN GARDNER, Author, Hendersonville, NC;
ROCHEL GELMAN, Ph.D., Rutgers University, New Brunswick, NJ;
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., (deceased) Stanford University, Palo Alto, CA;
JOHN HOCHMAN, M.D., UCLA Medical School, Los Angeles, CA;
DAVID S. HOLMES, Ph.D., University of Kansas, Lawrence, KS;
PHILIP S. HOLZMAN, Ph.D., Harvard University, Cambridge, MA;
ROBERT A. KARLIN, Ph.D. , Rutgers University, New Brunswick, NJ;
HAROLD LIEF, M.D., University of Pennsylvania, Philadelphia, PA;
ELIZABETH LOFTUS, Ph.D., University of California, Irvine, CA;
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, NY;
RICHARD OFSHE, Ph.D., University of California, Berkeley, CA;
EMILY CAROTA ORNE, B.A., University of Pennsylvania, Philadelphia, PA;
MARTIN ORNE, M.D., Ph.D., (deceased) U of Pennsylvania, Philadelphia
LOREN PANKRATZ, Ph.D., Oregon Health Sciences Univ., 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 California, Santa Cruz, CA;
THOMAS A. SEBEOK, Ph.D., (deceased) U of Indiana, 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 Ctr, Piscataway, NJ;
JEFFREY VICTOR, Ph.D., Jamestown Community College, Jamestown, NY;
HOLLIDA WAKEFIELD, M.A., Institute of Psychological Therapies,
Northfield, MN;
CHARLES A. WEAVER, III, Ph.D. Baylor University, Waco, TX
**********************************************************************
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