From The Recovered Memory Project

41 Corroborated Cases of Recovered Memory from Legal Proceedings

Cases 31-41

31. Shahzade v. Gregory (Massachusetts federal district court, Docket No. 92-12139-H). Civil suit by Ann Shahzade against an older cousin for molesting her for a five-year period beginning when she was 11 years old. "Her cousin, George Gregory, a California surgeon, acknowledges he fondled her, but says he did not sexually assault her." Judy Rakowsky, "Memory Expert Supports Woman," Boston Globe, April 1, 1996: 26. In his deposition, Gregory admitted a series of fondling incidents that occurred over a 12 to 16 month period. (Deposition of George Gregory, May 10, 1995, pages 80-83; he admitted additional fondling on pages 133-135.) Note: "fondling" is sexual assault under the criminal laws of virtually every state. (The full text of the decision to allow recovered memory testimony is available through Jim Hopper's site on "Recovered Memories of Sexual Abuse: Scientific Research & Scholarly Resources.") The defendant settled the case after this decision was rendered; there is a gag order prohibiting release of the settlement amount.
 
32. Martinelli v. Diocese of Bridgeport (1997 Connecticut civil jury verdict). Frank Martinelli's adult recollections of sexual abuse by Father Laurence Brett at St. Cecilia Church in Stamford between 1962 and 1964. "Martinelli, who is married and has a young son, testified during the eight-day trial that he repressed his memory of the abuse until 1991, when it all came back to him like a "wave" while he was on the telephone with a friend who told him he had also been abused by Brett as a child." Daniel Tepfer, "Diocese must pay; Jury awards $750,000 to victim," Connecticut Post (August 27, 1997): A1."Probably the most damaging evidence of the trial was a memo of a meeting that took place among diocese officials on Dec. 2, 1964, regarding an assault by Brett on a 19-year-old male Sacred Heart University student. The memo states the teen had gone to Brett to discuss a sexual problem and Brett ended up performing oral sex on him. The memo goes on to state that Brett was being sent away for treatment, and, 'A recurrence of hepatitis was to be feigned should anyone ask,' it read." Id.
 
33. Peter VanVeldhuizen's memories of childhood sexual abuse from 1966 to 1968 by Reverend J. Van Zweden of the Netherlands Reformed Congregation Church. VanVeldhuizen v. Netherlands Reformed Church of Rock Valley (Iowa District Court for Sioux County; 1997). VanVeldhuizen repressed the memory and did not recall the abuse until February 1991, while undergoing psychotherapy.

To avoid litigation, Dr. VanVeldthuizen agreed to the request of the Netherlands Reformed Church to submit the claim and all related evidence to the Institute for Christian Conciliation. In a 9 page letter, the Executive Director noted that, "[I]n the twelve years that I have been working in sexual abuse cases, I do not recall meeting a more credible witness." Dr. VanVeldhuizen introduced a variety of corroborating evidence, including (1) testimony that Rev. Van Zweden sexually abused his grandson, and (2) eyewitness testimony to one of the incidents of sexual abuse of Peter VanVeldhuizen by Rev. Van Zweden. The mediator concluded that, "Peter has more than met the highest biblical standard of proof, which is actually required only in capital offenses, namely, that the sin be confirmed by the testimony of at least two witnesses."

After insisting on Christian Conciliation, the Church refused to go along with the findings. Dr. VanVeldhuizen sued and proved his case (again) in court. A Sioux County jury awarded compensatory and punitive damages, after VanVeldhuizen proved that Albert Bakker, a church official at the time, witnessed the acts but did nothing to stop then or to report them to the appropriate officials.
 
34. Lee Roy Donnell's conviction for sexual battery. "Father Guilty of Assault," Washington Post (September 10, 1992): B3.
 
35. State v. Warner (July, 1998). Criminal conviction for first-degree rape and for first-degree rape by instrumentation. The victim, "now 18, was 12 years old when she was molested by Warner. She told counselors of the abuses in 1997." She recalled the events only under intensive counseling. "Judge Sends Rapist Up for 20 years," The Daily Oklahoman (July 13, 1998), p.3
 
36. The criminal conviction of a 67-year-old grandfather in Canada, whose name was blocked from publication, for sexually assaulting four daughters over 21 years. At least one of the daughters recovered her memory as an adult. One daughter told someone at the time and had a lock installed on her bedroom door. The father ultimately begged for mercy and told the court he "had "changed." He pleaded guilty to molesting three daughters and to "violating two daughters with a wooden hand file. He blamed Satan for his actions." This undoubtedly helps explain the ritualistic elements in the daughters' accounts. See, Ciaran Ganely, "Incest Dad Jailed for 6 Years; Born-Again Christian Begs for Mercy," Toronto Sun (August 8, 1996), p. 19. See also, Philip Lee-Shanok, "'Guilt' Notes Sent to Sex Victims," Toronto Sun (June 21, 1996), p. 4.

37. T. Jeffrey Haines's recovered memory of sexual abuse by Rev. J. Faulton Hodge of the Episocpal Diocese of Western North Carolina. Mr. Haine's memories were corroborated by Jesse Hickaman, who was molested by Hodge in 1989 and 1990. Clark Morrison, "Lawsuit Accusing WNC priest of child sex abuse settled," Asheville Citizen-Times (April 15, 1995), p. 1A.

38. A criminal case based on a 28-year-old woman's flashbacks of repeated rape by her step-father during the 1970s. "On April 15, 1996, Associate Justice Frank J. Williams denied a motion to block certain evidence derived from the alleged victim's 'repressed' memories, saying that the credibility of the evidence is a matter for the jury to decide." C.J. Chivers, "Ex-police captain's rape trial set to begin this summer," Providence Journal (April 16, 1996). The defendant pleaded no contest to Indecent Assault of a Child on May 30, 1996. See case P1-1995-1329A in the online database on Rhode Island criminal court records.

39. Kelly Scaglione's recovered memories of a sexual assault by Master Cpl. Harold MacLean of the Canadian Armed forces. "After repressing the memories of the assault for years, Scaglione pressed charges against McLean in 1995. McLean was convicted of indecent assault in April 1997." McLean subsequently settled a civil case for damages. Philip Lee-Shanok, "Army Blamed in Assault; Private Held NCO Attacker in Awe, Trial Court Told," Toronto Sun (February 26, 1999), p.48

40. Henry Bachmann's recovered memories of being sodomized in 1964 by Rev. James Gummersbach in the basement of the Church of Immaculate Conception in St. Louis. In March 1999 a jury awarded $1.2 million in this repressed memory case, the first such civil trial in Missouri. The plaintiff's lawyers introduced corroborating evidence that the archdiocese "knew of Gummersbach's propensity to harm children and did nothing about it." "Man Awarded $1.2M in Abuse Case" (AP-NY-03-02-99 1504 EST).

41. Diane Bowman's "long-buried memories of her mother's death [which] resulted in her father being convicted of murder." Adam Powell, "After 24 years a daughter's memory sends killer to jail." (London) Daily Mail (July 24, 2002), p. 37