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    You the Jury: Deciding Guilt or Innocence in a Recovered Memory Case
    You the Jury: Deciding Guilt or Innocence in a Recovered Memory Case
    You the Jury: Deciding Guilt or Innocence in a Recovered Memory Case
    Ebook634 pages9 hours

    You the Jury: Deciding Guilt or Innocence in a Recovered Memory Case

    By Gini Graham Scott

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    Can a person repress memories of childhood sexual abuse and suddenly "recover" those memories 10, 15, or 20 years later? YOU THE JURY offers a balanced approach in which you will hear arguments on both sides of the question in a representative case argued by opposing attorneys. It's a fast-paced legal drama that takes place both inside and outside the courtroom, when the plaintiff, 27-year old Roberta Claire, decides to file a lawsuit charging sexual abuse by the defendant, her 66-year old stepfather, Lloyd Adams. Although the alleged incidents occurred more that fifteen year ago, Roberta is convinced they actually happened, while Lloyd insists he is innocent and that Roberta's psychologist planted the awful memories in his step-daughter's mind. When the case goes to trial, you'll be invited to participate in the decision-making process as a voting member of the jury. So are the memories of abuse real and do you find for the plaintiff? Or do you reject the theory of recovered memories as "junk science" and find for defendant? You decide.

    "This book is unique among the many books about 'recovered memories' because it presents both sides of the issue. Readers will get to 'see' what really happens in a trial-and the reader is a juror. Which witnesses should be believed is up to the reader. It is a realistic challenge."-Robert Koscielney, Member/Board of Directors, False Memory Syndrome Foundation

    "You the Jury is a riveting and fascinating book and shows the human element of the destruction and devastation of family members. It shows professional therapists with their conflicting opinions on this controversial issue. Written in fiction-like form, You the Jury is magnetic in holding your attention to an issue and tragedy that is all too endemic in our society."-Claire R. Reeves, President/Founder, Mothers Against Sexual Abuse, MASA

    LanguageEnglish
    PublisheriUniverse
    Release dateMar 4, 2008
    ISBN9781462048373
    You the Jury: Deciding Guilt or Innocence in a Recovered Memory Case
    Author

    Gini Graham Scott

    Gini Graham Scott, Ph.D., CEO of Changemakers Publishing and Writing, is an internationally known writer, speaker, and workshop leader. She has published over 50 books with major publishers on various topics and has written over 3 dozen children's books. Her published children's books include Katy's Bow, Scratches, The Crazy Critters First Visit, and Where's the Avocado? published by Black Rose Writing. She has published 8 children's books through her company Changemakers Kids and is a member of the Society of Children's Book Writers and Illustrators. She does workshops on self-publishing and creativity. She also helps clients write books as a ghostwriter and self-publish or find publishers and agents. Her websites are www.changemakerspublishgandwriting.com and www.ginigrahamscott.com.

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      Book preview

      You the Jury - Gini Graham Scott

      PART I

      THE CASE

      CHAPTER 1

      The call came in to Mark Roseman’s law office in Orange, California, around 10:00 A.M. on Monday, May 6, 1996. His receptionist, Julie Sandlin, answered the phone.

      The caller’s voice sounded nervous, halting. Hello … I need to… speak to an attorney. I heard a talk on adult survivors of childhood sexual abuse and …

      There was a long pause and the sound of shuffling papers. Ah, yes, here’s the card, the caller said finally. I was at this meeting sponsored by Mothers Against Sexual Abuse, and I got this card. I wrote down the number to call—and … well, I see now, it was Mark E. Roseman. He said he handled these cases and he could help people like me … There might be … ah, civil remedies.

      Yes, Julie said. We might be able to help you. But first I’d like to have you answer a few questions about your case to see if we can.

      Questions?

      That’s our procedure, Julie explained. Just a short phone interview with a member of our staff. The questions are designed to help Mr. Roseman decide if you have a case we feel we can represent successfully. Then, if it seems we can, the next step will be an appointment with Mr. Roseman. Can you tell me briefly what your case is about? Oh, and your name, too.

      As the receptionist, it was Julie’s job to get the basics of what happened and then refer the case, usually to Gail Hauck, for an initial screening interview. At times, a caller might be unwilling to talk to Gail and insist on talking only to Roseman. In such a case, Roseman usually found that the person was still too victimized by his or her childhood experience to confront the alleged abuse in court. He preferred representing survivors—those who had gained renewed power, usually through therapy or self-help methods.

      Again, another long pause. Julie knew that callers often were nervous and hesitant. Sharing deeply personal information—perhaps for the first time outside of a therapy situation—was difficult.

      Julie tried to be understanding and supportive. I know this is hard for you. But just tell me a little so I know how to handle your call.

      Well, my name is Roberta Claire. The caller breathed deeply. My stepfather abused me and I want to do something about it. It took a long time for me to feel ready to do this. But after I heard Mr. Roseman speak, I felt it was time to do something, and I thought that he might handle my case.

      Maybe he can, Julie replied. But first I’d like you to talk to Gail Hauck, who’s on our staff. I think you’ll find her very supportive and sympathetic. Roberta agreed and Julie transferred the call to Gail.

      When Julie told Gail she was referring a possible childhood sexual abuse plaintiff to her, Gail cleared a report she was writing from her desk and put the childhood sexual abuse questionnaire in front of her. Gail was a tall, motherly looking woman in her forties who had studied pre-law in college but decided not to go to law school since she thought it would take too much time away from being a wife and mother. She was skilled in interviewing people like Roberta, knowing how to be very warm and nurturing, so the callers felt comfortable talking to her. At the same time, she was very aware of what Roseman needed to know about the client in order to decide if he would handle the case. The questionnaire had evolved over several years of working with childhood sexual abuse cases.

      As Gail already knew, any one of a number of red flags would immediately knock the case out of the running, such as if the plaintiff had retrieved any of her memories through hypnosis, since such testimony was not allowed in court in California. Other information might raise questions and doubts. The questionnaire was designed to help her get a broad overview of the strengths and weaknesses of a case.

      When the call came through, Gail was ready. She spoke softly, gently, like a friend or counselor. I know what you’ve been through has been very difficult and upsetting. But we have to ask you some questions so Mr. Roseman can decide if what happened is something he can represent in court. Then we’ll have to do a little further checking ourselves just to make sure your case is strong. Is this okay?

      Roberta agreed and Gail began by noting the date—May 6, 1996. So when did the abuse occur? she asked, prepared to write as Roberta answered.

      From age 9 to 11.

      And that was? Gail asked, probing for the actual dates. These dates would be important later when Roseman and his investigators checked for corroborating evidence from friends and family members.

      Roberta thought for a moment. I guess that would be starting about 19 years ago since Pm almost 28 now—1977. Since it went on till I was 11, that would be 1979.

      And your date of birth? May 23, 1968.

      Ah, a Gemini, Gail commented facetiously. It was a way to help Roberta relax and feel more comfortable by personalizing the interview process.

      Yeah, twins … A split personality, said Roberta, which is exactly the way I’ve felt for so long. Like there was another me inside. And with therapy, that’s been coming out. I’ve been remembering more and discovering the secrets about what happened to me. It’s like discovering the other me.

      As Gail asked questions and wrote down Roberta s answers, she mentally used the information Roberta gave her to prepare a memo to Roseman regarding the statute of limitations issue in this potential case. Roberta’s date of birth, for example, was critical because that affected the statute of limitations on whether the plaintiff had come in soon enough to even bring a lawsuit.

      When Roseman hired Gail to screen callers for him, he had told her that the statute of limitations for most torts in California, such as assault and battery or general negligence, is one year from the date the incident occurred. But it’s different for an adult survivor of childhood sexual abuse. If the person is under 26, he or she can file at any time until his or her 26th birthday. But if the survivor is 26 or older, he or she has a 3-year window of time in which to file a lawsuit for damages against an alleged perpetrator. The clock starts running when he or she as an adult first makes the connection between his or her psychological injury or problems and the childhood sexual abuse experienced. The person’s date of birth is critical because it tells me about the statute of limitations and if there is still time to file. If an adult survivor waits too long, even three years and one day, I can’t take the case.

      Roberta was almost 28. That meant she was still qualified to file.

      Since she was older than 26, however, Roseman would need some verification of Roberta’s claim by a licensed California mental health professional in addition to that provided by her therapist. The verification would be in the form of a Certificate of Merit stating that in the mental health professionals opinion, the plaintiff was a childhood sexual abuse victim. The therapist did not have to name the perpetrator. However, Roseman would need corroborating support from a witness to actually name the defendant Roberta was accusing. Gail knew that Roseman would take care of these matters when he talked to Roberta further about what happened. Roseman would refer Roberta to an outside therapist who could sign the Certificate of Merit after interviewing Roberta.

      Gail continued with her questions, backtracking to get some basic information—Roberta’s full name, address, and telephone number.

      Roberta responded, spelling her name and saying I live at 2120 East Center Street, Irvine. Gail noted another plus—Roberta lived in a nearby town in the same county. It would be convenient to represent her because Roseman could file the lawsuit in Orange County where he practiced. Even nearby counties would usually be acceptable. But if a plaintiff lived out of state, out of the country, or even in a distant county in California, that could be a problem. Roseman preferred taking cases in which the plaintiff lived in the area.

      Gail went on to the next question. Who referred you to us?

      I went to a talk Mr. Roseman gave, sponsored by MASA, Mothers Against Sexual Abuse. My therapist recommended I go because the organization has various educational programs and a resource network to help abuse victims better understand and deal with what happened to them. The organization also provides legal support for adult survivors of childhood sexual abuse. My therapist told me Mr. Roseman was going to speak on the rights of adult survivors of childhood sexual abuse, and she thought I might find the meeting helpful.

      And your therapist’s name? Gail asked.

      Melanie Lebowitz, Roberta answered.

      Gail paused for a moment, checking off the questions she had already asked and scanning the ones remaining to be answered.

      Although she had a formal questionnaire, she often didn’t follow the exact order. She adapted the questions to the responses of the prospective plaintiff so she could be more empathetic.

      Oh, just to clarify something, Gail added. Did you have the memories before you went to your therapist?

      I had had some strange dreams and very unsettling feelings. That’s why I went into therapy. Soon after I began, I started having my first real memories and talked to my therapist about them. After I heard Mr. Roseman’s talk, I told Melanie I was thinking of taking legal action, and she encouraged me.

      Okay, good. It was a favorable sign that Roberta had started having memories before the subject arose in therapy. It would have been better if Roberta had had real memories even before seeing a therapist. If that were so, it would be clear that nothing Roberta’s therapist had done had triggered the memories. But at least some of Roberta’s memories came before therapy.

      As Roseman had once told Gail, "The stronger cases are the ones where the person has the memories before going to therapy, because there is less chance for the defense to claim the therapist implanted the memories. Frequently, after the person has the first memory, he or she goes to a therapist because usually the memory is shattering and traumatic.

      "Many of these people are even suicidal or have had suicidal thoughts. They feel they are going crazy. Having this memory shatters their world since it’s about someone who has been a part of their ordinary reality, often a loved and trusted parent or relative. Suddenly, the memory is of that person doing something completely awful. Typically, after the triggering event and memory, other memories flood in, though not in any chronological order. The memories usually come in order of severity—the worst ones first. The person doesn’t know what to do. He or she feels a sense of disorientation or disjointedness in thought and may experience physical and emotional problems. Often, the next step the person takes is to see a therapist, who will try to learn the origins of the physical or emotional symptoms.

      If the person is already in therapy, the memory frequently helps explain the problem or problems that brought the person to therapy in the first place. The memory may make the therapy process more intense because now the person feels even more need for help.

      So far, so good, Gail thought. But now she had a critical question about the therapeutic process.

      Roberta, even if you started remembering before you spoke to Ms. Lebowitz about this, were any of your recovered memories retrieved in whole or in part through hypnosis?

      Oh, no, Roberta answered firmly. Melanie never used any hypnosis with me at all. We just talked about things. Sometimes, Melanie asked me to tell her about my dreams and how I relived some of the incidents in them. But hypnosis? No.

      How about sodium pentothal? Gail probed. Any sort of drugs or special techniques to help you remember? No!

      Well, that’s good, said Gail.

      As Roseman had told her in training, "I won’t take a case if someone’s memories have been brought to the surface by hypnosis, sodium pentothal, exorcisms, or any other means not generally accepted in California for two reasons: one, those memories can’t come into evidence and two, those methods can often produce false memories. The person becomes more suggestible and might fabricate memories and then believe the memories to be of real events. In most other states, it’s still possible to bring in memories produced through these means, and it’s up to the judge or jury to decide if the memories are credible. But in California such evidence can’t be used, so any case that includes memories brought out by hypnosis or drugs is much weaker.

      If the vast majority of memories resulted from just talking to the therapist and not from some hypnotically induced state, maybe I would consider the case because sometimes memories don’t come out in one coherent, understandable scenario. They come out in pieces at different times. For the most part, however, these memories must have been retrieved without the taint of hypnosis or drugs, or I can’t take the case.

      At least in this case, Gail knew, there would be no problem with hypnosis or drugs. Gail went on to some key questions about the name and relationship of the perpetrator, when the claimed incidents took place, and when the memories came back. As Gail knew,

      Roseman had to feel comfortable that a potential plaintiff had a compelling case that could ultimately meet the burden of proof and be convincing to a jury. Roseman also needed some supporting evidence to prove the case in court.

      As Roseman had once told her, In a recovered memory case, the case begins when the person has a first complete memory and makes the connection to certain problems he or she can’t explain—such as a dependency problem, a relationship problem, or a problem with alcohol, self-esteem, or something else. When the person makes that connection and realizes something like I was molested by my uncle when I was seven or eight, that’s when the first complete memory and the linkage begins. And that’s where the case starts for us.

      Gail asked Roberta about the perpetrator.

      It was my stepfather who did it.

      Gail could hear Roberta crying a little. I know this conversation is hard for you, Gail sympathized. But if you could …

      I know. I know. I’ll try to collect myself, Roberta said, sniffling quietly. Okay, go ahead. I’m ready for the next question.

      Could you tell me his name, how old he is now, and where this happened? Gail sat with her pen poised, ready to write.

      Almost mechanically, as if trying to distance herself from what she was saying to hold back her emotions, Roberta continued. His name is Lloyd Adams. He’s 67 now. The abuse happened when I was around 9 to 11, from 4th through 6th grades.

      Roberta paused, trying to work out the details in her mind. Let’s see. It was 1977.1 was nine then. That’s when it started. So about 19 years ago. Lloyd’s 67 now; he would have been about 48 then. Until I was 11, and he was 50. Yeah, I guess that’s about right.

      Okay, and where did this occur? Where were you living at the time?

      In Laguna Beach. My mother and stepfather still live there.

      Gail was pleased to hear that, knowing there would be no jurisdictional problem since Laguna Beach is also in Orange County. Jurisdiction could be a problem if the incident happened somewhere else or if the defendant had moved away. The logistics might make it difficult to try such a case, especially if Roseman had to travel to a faraway location or work with another lawyer there. Or worse, if another state was involved, there could be problems with conflicting laws, depending on whether the incident of molestation occurred there or the defendant now lived there or both.

      Gail got the name of Roberta’s mother, Gertrude Adams, and then asked Roberta if her mother knew anything about what had happened.

      Roberta thought for a moment. I’m not sure. She might have known something. When I asked her if she remembered anything strange happening when I was around 9 or 10, she told me she heard me crying in my bedroom from time to time. Lloyd told her not to worry, that I was okay, that kids sometimes cried when they had scary dreams, things like that. That she shouldn’t try to coddle me, and that I had to learn to take care of myself. My mother also said she thought it was funny that when I was 10 I wore my street clothes to bed for several months. But when I told my mother that I remembered Lloyd coming into my bedroom, she denied knowing anything.

      Gail noted Roberta’s comments on the questionnaire, thinking it would be better for the case if it was clear that her mother knew. An investigation, however, might show that she did.

      Gail continued. Did anyone else know you were sexually abused as a child? Is there anyone who could corroborate your claim you were abused? Again Roberta was quiet, thinking. Gail probed, Is there anyone who might have seen anything? Did you tell anyone? Did you write to anyone about this?

      Oh, yes, Roberta replied. "I wrote a letter to my older sister, Megan, when I first started remembering things about Lloyd. She wrote me back about a few times when she saw Lloyd outside her room when she opened the door. Once on Megan’s 16th birthday—when I was about 12—Lloyd came into the bathroom while Megan was taking a shower and exposed himself to her. She thought it was really weird. I felt a lot of support when I got that letter. Like I wasn’t just imagining everything.

      I remember when I was 111 avoided Lloyd most of the time, though I wasn’t sure exactly why. I just didn’t like being around him. He never tried anything else after I turned 12, and I never told my mother about what he had done when I was younger. And my mother never said anything either.

      Gail wrote quickly. The sister’s information might be used to corroborate Roberta’s claim since it pointed to some strange behavior by Lloyd. Perhaps Megan might remember other things that happened even earlier. Also, with some corroboration, Roseman could actually name the defendant when the claim was filed, which would meet his requirement for corroboration when a potential plaintiff was over 26.

      Gail glanced quickly through the questionnaire to see what she still needed to ask. When did you start remembering? What brought the memories back?

      Well, I began having dreams about a year and a half ago—back in January of 1995.1 suddenly started having nightmares about being stalked by Lloyd. In the first dream, I was walking through an alley. I looked behind me and saw a man. As he got closer, I recognized that the man was Lloyd. He looked at me so strangely that I started running. After that, Lloyd started popping up in other places in my dreams. In the back seat of my car when I was driving. A couple of times when I went to a party. And then the dreams got spookier. In one dream, I was walking through a cemetery, and all of a sudden, Lloyd popped out of one of the graves. In other dreams, I saw him lurking around my house. He was like a ghost. His face would appear in the windows. He would jump out of the bushes. And then— Roberta’s voice cracked.

      It’s all right, Gail soothed. Did things get worse?

      Yes, said Roberta, almost sobbing. The dreams started becoming real. After about two months, in March, that would be 1995, I took my daughter Layla, who’s nine now, to Oceans of Fun Amusement Park for her eighth birthday. I was with her on the Sea Serpent Island boat ride and, just as we went into the tunnel, I suddenly flashed back to a time when Lloyd took me on the very same ride when I was only a little older than Layla. Roberta could barely go on.

      What happened? Gail asked gently.

      Roberta gulped back her tears. Well, he had his hands down my pants. He was feeling me. Rubbing me. Putting his finger up into me. And I was shaking. I was—

      That’s okay, Gail said. You don’t have to tell me any more about this.

      While Roberta calmed herself, Gail noted that Roberta’s dreams and the ride with her daughter were key triggering incidents. It was also significant that they had come before Roberta had started any therapy. That meant they had come spontaneously, without the possibility that a therapist suggested them. As Roseman had explained to Gail, "There is no usual trigger. All sorts of things can act as a trigger. It can be an argument, an image, an event. For example, if a woman is having an argument with her husband, and he says, ‘Well, go back to your stepfather and let him finish doing what he did to you,’ that could trigger a connection. Or when a woman gives birth to a child, the experience could bring back a memory. Or when a woman’s child reaches the same age as the woman was when she was first abused, that might trigger a memory. Or perhaps a doctor’s or dentist’s examination could bring back memories. Or there could be a smell, a texture, a pattern in fabric, just anything."

      For Roberta, Gail thought, the dreams had perhaps set the stage for knowing something was wrong. Then, on the ride, Roberta suddenly flashed back to that time with Lloyd. Roberta’s story sounded pretty compelling.

      Roberta seemed calmer, so Gail went on with her questions.

      Tell me a little more about your present therapist. Does she have a doctorate and is she licensed in California?

      Oh, yes, Roberta said. A doctorate in psychology. And she’s got a certificate in marriage and family counseling, too.

      Good, Gail commented. She sounds like she’s experienced. She knew a critical issue would be Dr. Lebowitz’s credibility and whether she used standard accepted therapy to help Roberta’s memories come out. It was important to have an experienced, credentialed therapist because the therapist would also be on trial. In fact, even if Roseman thought he wanted to take Roberta’s case, he would still talk to the therapist further about it, just to be sure not only that the therapist was behind Roberta’s decision to pursue the case, but that the therapist would be an asset in presenting the case in court.

      Even though you have a therapist, you’ll still need to go for an interview with an outside therapist to see if he or she agrees there was abuse. Will that be okay with you?

      But why? Roberta asked. Isn’t Melanie—

      Gail broke in to explain. Melanies fine. It’s just because you’re over 26. We need to get a nontreating therapist to support your claim that you were abused as a child by a particular person. It’s like getting a second opinion from a doctor.

      Sure, that’s okay, Roberta agreed.

      Gail made a note to tell Roseman that Roberta was willing to see an outside therapist. Roseman had a file of licensed therapists in the area, and he could give their names to Roberta when they met. Members of the False Memory Syndrome Foundation, which includes parents and others accused of being child abusers, had lobbied for this provision in the law, arguing that many supposed victims of abuse were really victims of false memories implanted by the victim’s own therapist. Because of this distrust of many treating therapists, the law required an independent therapist to make an evaluation.

      Roseman had said he actually preferred it that way, telling Gail, Then I don’t have to depend on the determination of the treating therapist, who already has a professional interest in the case. Instead, I have to get an independent person to look at the case and advise me. He or she can back up both the plaintiff and the treating therapist by saying the patient has been abused because he or she has the symptoms of an adult survivor of childhood sexual abuse. So if the independent therapist believes there was some abuse, that actually makes for a stronger case and contributes to my decision to take it.

      Gail turned to the last few questions about what Roberta actually remembered had happened. Tell me a little about the events you remember—what your family was like when you were a child and what Lloyd did.

      There was a long pause as Roberta composed herself. Finally, she began. This is very painful for me.

      Yes, I know. Gail was aware that bringing up these recollections with a stranger was always difficult. It was like reliving the past yet again, and doing so outside the safe setting of a therapist’s office. She tried to make Roberta as comfortable as possible. Just tell me what you can. I know it’s difficult, but you’ll have to tell what happened again in front of lawyers and in front of a jury if this goes to trial.

      Of course, I know, said Roberta, gathering her strength and pressing on. Well, I didn’t realize what my stepfather had done to me until the memories started to return. Then, after the first ones, in the early nightmares if you want to count them, in the trip to Oceans of Fun Amusement Park, other memories started coming back, and some other things started bothering me. They had bothered me from time to time before, but now they were bothering me more and more. More often and more intensely. I don’t know exactly how to explain things but strange feelings of helplessness and guilt and self-doubt came over me from time to time. I didn’t really understand them. Gradually, these strange feelings became stronger. That’s when I decided to go to a therapist—to try to get to the root of these things. A friend recommended Melanie, and as Melanie and I talked, more and more memories started coming back.

      What sort of memories?

      Well, after Melanie started treating me, I saw a shadow one night in my bedroom, and that reminded me how I had seen my stepfather in the shadows one night. It was just a hazy memory at first. But it really bothered me. Lloyd just seemed so strange. Like he was hovering around, waiting for something. It might have been before that trip to Oceans of Fun. It’s hard to know just what happened when. But I started remembering more and more times when Lloyd did things to me.

      Roberta, you can go into more detail about all this later when you speak to Mr. Roseman. But for now, just tell me the main things you remember and don’t worry about what happened when.

      Well, as I said earlier, the abuse went on from when I was about 9 to 11. I remember my stepfather standing by my bed from time to time, and I was scared of him entering my room at night. Then he began touching and fondling me. In private places— She stopped talking, trying to control her emotions.

      That’s okay, Gail said. Just tell me a little bit about how often and for how long.

      "Maybe about once a week or so. Though there were times I remember when nothing happened for awhile, and I hoped it was all over. But then, a few weeks later, he was in my room and it started again. I was scared every time I saw him standing at my door at night.

      Or when I saw his shadow on the wall Sometimes, I wished he were dead—that I were dead. I just felt so awful, so unclean." Again, Roberta stopped, starting to cry a little.

      Okay, I understand, Gail said. I know this is very upsetting to you. But just a little longer. A few more minutes and well be done.

      Okay, said Roberta, stifling her tears.

      If you could just tell me more exactly what Lloyd did when he was inside your room touching you. Or if there were other things he did.

      Yeah, okay, said Roberta, bracing herself. Well, sometimes he just touched me and rubbed me, like a massage all over my body. Other times he tried to kiss me. French kissing. Roberta hesitated. Sometimes he forced me to kiss him. You know, he stood over me and pulled his pants down, and then he pulled my head to him. And I had to … Well, he stuck his penis in my mouth. I had to kiss him. A few times, there was intercourse, which really hurt.

      Okay, I think that’s enough to give me the idea, Gail cut in, afraid Roberta couldn’t continue. We’ll need to get more specific about when and where some of these things happened. I know this is very hard for you. But we can deal with all that later.

      That’s good, said Roberta, composing herself again.

      Now if you could just fill in a few details about your family. When did Lloyd become your stepfather? Do you have any other brothers or sisters? And what kind of work do you do now?

      Roberta spoke quickly. Gail knew Roberta must be tiring from all the questions. Well, when I was about six, my parents separated and got a divorce. I stayed with my mother, and she married Lloyd about a year later. I have one sister, Megan, who’s four years older. As for me, I work as a sales rep for a cosmetics company. I’ve been with the company about two years.

      Gail did some quick calculations, noting that Roberta’s mother, Gertrude, married Lloyd in 1975. Okay, is there anything else to corroborate what you’ve been telling me, besides what you’ve already mentioned about your mother or sister? Any friends, relatives, anyone who might know anything?

      Gail hoped there would be something. Roseman had stressed the importance of corroborating evidence in these kinds of cases. We need this evidence. Otherwise, these cases are very hard to prove. Without any supporting proof, we basically have a ‘she said/he said’ case. It’s hard enough to get jurors to accept that the plaintiff’s memories are real. The jurors need some reinforcing evidence to help them believe the plaintiff. And that’s where the corroborating facts come in. We normally need them to win a case. There was a long pause as Roberta thought back.

      How about a diary, a journal you kept back then?

      Why yes, I do have a diary, Roberta said. I dug it up for one of my therapy sessions. When I was nine, I wrote that I was afraid of my stepfather coming into my room at night. When I was 10, I noted that I was still sleeping in my street clothes every night, and that my mother came in one morning and saw me wearing them and thought it was strange.

      Anything else you remember from that diary that might be relevant?

      Again, Roberta tried to recall. Even feelings, impressions you had, Gail probed.

      Well, yes, Roberta said. As a matter of fact, I once wrote, 1 wish Lloyd were dead,’ and another time, ‘I wish he would not make me do those things to him anymore.’ I remember now I told Melanie about that after I had one of my Lloyd-chasing-me dreams.

      That will all help. Now just two last questions. First, when did the abuse finally stop?

      When I was about eleven, I started going out of my way to avoid Lloyd. I stopped doing things with him alone and I went out and saw my friends from school more.

      Okay. My last question is what led you to call our office after you heard Mr, Roseman speak? What led you to want to pursue your case now?

      For a moment, Roberta hesitated, as if trying to sort out her reasons. Then, slowly, thoughtfully, she explained. "Well, a number of reasons, I guess. I feel like I’ve been getting stronger to deal with all this through my therapy. I feel like the next step to help me complete this healing process and move on is to actually confront my stepfather and have him acknowledge what he did and how he hurt me. I want to expose what he did so he won’t hurt another child. He already tried to deny what he did when I first started in therapy with Dr. Lebowitz and she sent him a letter about it. He just wrote back and said absolutely no in a few sentences, and he didn’t want to talk.

      Then, too, I think Lloyd should pay for my therapy, since I realize what he did has a lot to do with the way I feel now. Outwardly, I may seem very successful. But inwardly, I’ve been feeling all this torment and inadequacy. I realize I’m going to need more therapy to fully heal. So I think he should pay for that. And my therapist agrees. She’s 100 percent behind me.

      Any feelings of anger? Any feelings of wanting to get back at your stepfather?

      I had some of those feelings in my treatment, but now I basically want to heal and move on with my life. And I’d like to expose what Lloyd did, so he won’t hurt any other children.

      Well, that’s good, Gail said, glad that Roberta had a positive motive for seeking legal redress and was not trying simply to get revenge. Had Roberta spoken about revenge, that would have been a warning flag that she probably had too much bitterness to be a good plaintiff. If she had wanted revenge, it would have indicated that she was still struggling as a victim, rather than living as a survivor who could regard what happened with some distance and feel ready to move on. Also, strong feelings of revenge could alienate a jury.

      Roseman had described the importance of a plaintiff’s motive to Gail. Motive’s important. Usually the plaintiff wants legal redress to help get over what happened and get money for payment of past, present, or future therapy. Many plaintiffs want to protect other children from the perpetrators in the future. Any of those motives can make a good client—revenge does not.

      Gail made a few last notes. Well, that’s everything. I’ll have to discuss your case with Mr. Roseman. He makes the decisions on which cases to take. Then, if he gives me the go ahead, I’ll set up an appointment for you. It will be a few days because we have to do a little checking on what you have told us. I’ll have to get back to you and let you know.

      After a quick thanks from Roberta, Gail hung up the telephone and turned to her notes. She had to type up the questionnaire with Roberta’s comments for her meeting tomorrow with Roseman. Then he would decide whether to meet with Roberta.

      Gail put a sheet of paper in her typewriter and began typing. Sounds like a good one, with some corroborating evidence, she noted on her cover memo. From her conversation with Roberta, Gail already liked her and hoped Roseman would take the case.

      CHAPTER 2

      The next day, Tuesday, May 7, Gail was in Roseman’s office to tell him about the Claire case. She handed him a copy of the questionnaire she had written up and sat across from him, her notebook in her lap, open to her copy of the document. I got a good impression from talking to Roberta, Gail began. I think the case merits your taking a closer look at it.

      Tell me why, said Roseman.

      Glancing at her notes on the questionnaire, Gail began. First, it appears to be within the statute of limitations, Gail noted, knowing that this fact was critical to Roseman. Otherwise, as compelling as Roberta’s story might be, Roseman couldn’t get the case into court.

      That’s good so far, said Roseman, thinking back to the recent December 1995 Court of Appeals decision in California, Lent v. Doe, which established the three-year delayed discovery rule for plaintiffs older than 26. The first question he asked of older plaintiffs was when they started to remember the abuse. Even then, he knew the three-year limit could sometimes be tricky. The defense was sure to question exactly when Roberta started having her psychological problems and whether the memories might have started well before the three-year limit. The defense would also question the connection between the plaintiff’s current problems and past memories. But at least for now Roseman felt the initial hurdle in Roberta’s case was met. Go on, he urged Gail. What are some other reasons you think this case would be a good one to consider?

      Gail worked her way down the questionnaire, highlighting the key points. Another advantage is that both Roberta and the perpetrator still live in Orange County.

      Roseman took notes as she talked. Anyone else know of the abuse who can corroborate all this?

      Gail looked at her notes. Roberta has a sister she wrote to when she started remembering. The sister, Megan, recalled an odd incident when she was 16 and Lloyd walked in on her when she was in the shower. It sounds like it might have been intentional. Roberta also says her mother may have known. Roberta told me her mother recalls a few things that might be suggestive, like hearing Roberta cry in her bedroom and seeing her wear her street clothes to bed when she was 10.

      Well, that could be helpful, though we’d have to investigate further to see if what the sister and mother have said is actually meaningful. Anything else in the way of corroboration? Corroboration was critical to Roseman. He had handled several cases with little or no corroboration when he first started representing recovered-memory plaintiffs, and every case had been shot down because the juries just didn’t believe the plaintiffs. As much as he could show the plaintiffs’ suffering, as much as he had strong expert testimony from therapists with extensive credentials, he couldn’t convince the juries that the memories were real. For Roseman to take a case, there had to be something besides the memories and a suffering, damaged, believing individual with a therapist. So he pressed Gail for more information.

      Well, yes. There is, and she told him about Roberta’s childhood diary in which she had written her statements about fearing her stepfather, sleeping in her street clothes, and wishing her stepfather were dead. Especially important, added Gail, is her statement, ‘I wish he would not make me do those things to him anymore.’"

      Hmm, Roseman was thoughtful. That diary is pretty powerful, he agreed. And what she says in her diary backs up what she is saying now. The statement is a little vague, but at least it’s consistent. So there’s some corroboration. We’re still in the ballpark. What else? How about the therapist? And how did Roberta start remembering?

      Gail went on, giving the highlights of what Roseman wanted to know—Roberta’s therapy, her dreams, no hypnosis, the ride at Oceans of Fun with her daughter, her self-doubt, her motivation for pursuing the case, and her lack of vengeance and anger.

      Good, said Roseman. Sounds good so far. A jury would be able to see that she’s got a good attitude and that she’s more of a survivor than a victim. Roseman highlighted the word survivor on his own questionnaire copy. For him, that trait was very important. If a plaintiff still thought of himself or herself as a victim, it meant that he or she was still working on abuse issues and related feelings of low self-esteem, guilt, and the like. Roseman had found that abused patients who still saw themselves as victims typically felt beaten down, helpless, and not really ready to confront the perpetrators and air what happened publicly. Others who were still in the victim stage might feel vengeful and want to strike back and hurt the person they believe responsible for what happened. But such people weren’t really ready yet to heal and move on with their lives.

      Roseman preferred to represent survivors, and this was a key consideration in deciding which individuals to represent. To him survivors were ready, strong, and able to go through the legal process.

      Gail had a few last points to emphasize. Roberta doesn’t know of any other victims Lloyd might have abused.

      That’s okay. It will help to make her own claims more credible if we can find others who are willing to come forward. It’s a factor, but not a necessity.

      I suspect Roberta will be an attractive client just from the work she does. She’s a sales rep for a cosmetics company—and if you’re going to represent a company in the beauty industry, you’re going to have to look good. And if she’s in sales—

      She should be good at selling herself, Roseman said, completing Gail’s thought. Her demeanor is going to be really important. A good, presentable client will impress the jury and help make the jurors believe her and find in her favor. And if she’s in a professional occupation, that fact will go to damages—how much she might have lost—although the other side of that is if she’s doing so well, what’s the damage? In any case, I’d like to see her. It sounds like she might have a good case. I’ll have to talk to her more before I decide. Can you set up an appointment for me to meet with her?

      Sure. Gail looked at Roseman’s calendar. I’ll try for tomorrow or Thursday. It looks like you have a couple of hours free either day.

      On Thursday, May 9, Roberta appeared in Roseman’s office. I’m here to see Mr. Roseman, she told Julie, the receptionist. My name is Roberta Claire.

      Julie glanced down at her appointment book. Oh, for 3:00 P.M. You’re a few minutes early. I’ll let Mr. Roseman know you’re here. Please have a seat. She pointed to the couch by the wall. Roberta sat down and pulled a magazine out of her briefcase. She thumbed through it distractedly while she waited.

      After a few minutes, Julie invited Roberta to follow her. I’ll take you into the conference room now, she said. Mr. Roseman will join you in a minute or two. Roberta followed Julie into a paneled room with a conference table in the center. She sat down, setting her briefcase and purse on the table.

      Several minutes later, Roseman came in and greeted her. Good to meet you. I’ve heard a little about your case from Gail and I know this meeting may be difficult for you. Roseman saw an attractive 2 7-year-old woman with a kind of wan, faraway look about her, as if she was deeply troubled, yet didn’t want her feelings to show. A little like a young Mia Farrow, Roseman thought, with a kind of fragile beauty and innocence, like a hurt rose.

      After shaking hands he sat down across from Roberta. Why don’t you tell me what happened? he asked.

      Quietly, Roberta began recounting many facts that were already familiar to Roseman from Gail’s report. It was my stepfather. His name is Lloyd Adams. He married my mother when I was about seven. When I turned nine, I noticed that he looked at me oddly during my birthday party. A few kids from school were over at my house. We were wearing funny hats and blowing noisemakers, and my mother was bringing in cake and food from the kitchen. Lloyd was helping her. We were going to play a game of pin the tail on the donkey. When it was my turn, Lloyd put a blindfold on me and spun me around. After I put my tail on the donkey and took off my blindfold, I saw him looking at me in the strangest way. He was staring at me and had a funny little grin. A few days later, the abuse began. Roberta started to shake. He came to my room … Tears welled up in her eyes.

      Do you need a tissue? Roseman asked, pulling one out of a box on the table and offering it to her.

      Thanks. I think this is going to be difficult for me.

      Yes, I know. Roseman said reassuringly. Just take it easy. We can stop when you need to. Just try to tell me in as much detail as you can what happened—and when you remembered.

      Taking occasional notes as Roberta spoke, Roseman listened for key pieces of evidence and looked at the way Roberta presented herself to help him decide whether to take the case. He already knew from Gail’s prescreening that the case qualified on several grounds—it met the statute of limitations test, there was some corroborating evidence, Roberta had been seeing a therapist, and Gail had described her as a survivor, rather than as a victim.

      But he would have to know more about the case and Roberta herself. Would she and her case withstand more serious scrutiny? Even if she had been abused, was there enough evidence to prove the abuse? Would there be credible witnesses to support her claim? Would Roberta herself be a sympathetic witness? These were questions Roseman now had to answer.

      Roseman also wondered if Roberta would be up to dealing with the pressures of the case, particularly since the investigation both he and the defense would conduct would let coworkers, friends, and relatives know about the allegations. And if the media picked up the story, the pressure on Roberta would increase. Although Roseman did not allow his clients to give interviews themselves, the media might interview others involved in the case, and he might have to make some comments, even if only to say No comment. Roberta could easily see her life laid out in public. He would have to be sure she was ready to deal with that exposure. So far, every client he had represented had always said, If the media finds out, I’ll deal with it, and they had. Most of his clients felt that the filing of a public lawsuit and any media interest or coverage that might follow were all part of the process of confronting the perpetrators and shedding light on what had happened, thus bringing out long-hidden secrets about conduct the perpetrators wanted to conceal. But would Roberta feel this way, too? That was something else he would have to find out.

      As Roseman listened, Roberta continued with her story. It’s been so hard, since no one—maybe my sister—has believed me, except my therapist. I didn’t want to believe it myself at first. My stepfather is such a seemingly fine, upstanding man. He’s active in the church we belong to. He had a good job in business. He was a stockbroker and then a financial analyst. But soon after my ninth birthday party the abuse started to happen. Roberta stopped for a moment to compose herself.

      Roseman handed her another tissue. It’s okay. I understand. I know this is hard for you.

      After a few minutes, Roberta was ready to continue. "Well, I was in my room, lying in bed, and drifting off to sleep. My mother had kissed me goodnight as usual. It was dark, except for the nightlight by the door. I remember seeing occasional shadows on the wall when cars passed on the street. But there was one shadow that didn’t go away. It made me feel weird, spooky, like someone was watching me. That happened again and again. I don’t remember exactly how often or when.

      A little while after that, maybe a few weeks or so, I remember seeing this shadowy form coming toward me and then … Roberta couldn’t go on. I’m sorry… she shivered and dabbed her eyes with a tissue.

      Roseman comforted her and urged her on. Look, if you pursue litigation, you’ll have to tell your story. You’ll have to do it again and again. For psychologists. For investigators. For lawyers. For the jury. Are you going to be able to do it?

      Roberta, trying hard to impress Roseman with her determination, pulled herself back together, sat up straighter in the chair, and continued. "I know. I have to. I want to. Please. Let’s go on. My stepfather came over to my bed, and for a few moments, I heard his heavy breathing. Then he pulled the blankets off me. Suddenly I felt very

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