Recovered-Memory Victory in Minnesota

In continuing my search on recovered memory, the court system and media since 2009. I found two articles that I have attached links and cut and pasted on this blog post. The original story for this was June 29, 2011. It involves a case by Jim Keenan who has been pursuing a case against the Archdiocese of St. Paul & Minneapolis for covering up his child sexual abuse at the hands of Father Adamson in Minnesota. He remembered his child sexual abuse after 20 years. The Archdiocese wanted the case thrown out. They had always been able to get cases thrown out due to the statue of limitations being up. A spokesman for the Archdiocese  Dennis McGrath has said they will appeal this decision. I haven't been able to find any information at this time as to whether or not they did appeal this decision.

This is another important victory that there is no such thing as FMSword. This article supports the reality that repressed memory/recovered memory is very real and not imaginary as the FMSwordF would have us believe. I am wondering if these type of cases are the reason that Pamela Freyd has decided to fade into the background. It seems like the FMSwordF doesn't have the level of clout they had in the 1990's, 2000's. It is almost like Pamela Freyd is running away with her tail between her legs. I am wondering what took her so long. If what she believes is so true then why isn't she out there arguing against these cases? IMO it is because the bullying practices that FMSwordF have used in the past aren't working any more.

While I have chosen not to pursue my child sexual/ritual abuse through the court system I am grateful that courts are looking at repressed/recovered memory differently then they were. I am happy and very supportive to the survivors that they are being heard and that lawyers are willing to take their cases. It is possible that this case will open the ability for others who wish to pursue cases that were thrown out due to the statue of limitations being up. Survivors of child sexual abuse and ritual abuse have always deserved the right to be heard and be believed. Society has a right to know that these horrific things happen even if they seem unbelievable. Have a wonderful blessed day, Rosie
http://blogs.brown.edu/recoveredmemory/2011/06/29/recovered-memory-victory-in-minnesota-6/
http://www.andersonadvocates.com/Posts/News-or-Event/895/Ruling-opens-door-to-revisit-sex-abuse-case.aspx

Recovered-Memory Victory in Minnesota

June 29, 2011

The Minnesota Court of Appeals ruled on Monday that Jim Keenan can proceed with his recovered-memory lawsuit against the Archdiocese of St. Paul & Minneapolis for personal injury and fraud. The court decided that Keenan should be able to present expert testimony that describes “memory repression and the characteristics that are present in an individual suffering from repressed memory.” (Doe 76C v. Archdiocese of St. Paul & Minneapolis; Court of Appeals of Minnesota, June 27, 2011). Overturning the trial court’s decision in the case, the appellate court also concluded that “genuine issues of material fact exist about when appellant was put on notice of a potential fraud claim.” Accordingly, Keenan’s claim that the archdiocese failed to disclose that Father Adamson had a history of sexual abuse will be allowed to go forward. One strong indication that the church knows that this claim is meritorious is that their spokesman is quoted as saying that the church “will continue to try and resolve the matter without the necessity of a trial.”

Pamela Freyd, Executive Director the False Memory Syndrome Foundation, said recently that the FMSF may soon quietly disappear. They apparently think that their work is done.  But the unanimous decision of this three-judge panel once again demonstrates that, fortunately, recovered memory deniers have not won the so-called memory wars. Instead, common sense still prevails at the Minnesota Court of Appeals

Article: LORA PABST and ROSE FRENCH , Star Tribune staff writers | 8:56 AM

A man who alleges he was sexually abused by a Catholic priest in the 1980s, but didn't remember until 20 years later, should be able to go back to court and have experts testify about repressed memories, a three-judge panel of the Minnesota Court of Appeals said Monday.

The case brought in 2006 by Jim Keenan, 44, against the Archdiocese of St. Paul and Minneapolis and the Diocese of Winona was dismissed last October after Ramsey County District Judge Gregg Johnson ruled he hadn't met the standard that would allow an expert to testify about repressed memories. Without the expert testimony, Keenan couldn't show why the six-year statute of limitations shouldn't apply.

Nick Cafardi, professor of law at Duquesne University in Pittsburgh, said the ruling is significant because it could open the door for older cases in which the statute of limitations has passed.

"It's a door that's open now that wasn't open before, which potentially has the effect of increasing the number of cases that can be brought now against dioceses in Minnesota" or other entities, Cafardi said.
Archdiocese spokesman Dennis McGrath issued a statement saying it was disappointed the appeals court reversed the decision. The archdiocese has 30 days to appeal to the state Supreme Court.
"[The] ruling demonstrates that these issues are both complex and unique, and we will continue to try and resolve the matter without the necessity of a trial," the statement said.

Michael Finnegan, one of Keenan's attorneys, said the decision will give sexual abuse survivors who have repressed memories "a better opportunity to have the jury hear about how that happens to a child."

"In Minnesota, for decades, institutions including the Archdiocese of St. Paul and the Diocese of Winona have hid behind the statute of limitations and used that to keep survivors from getting justice," Finnegan said. "This decision allows this courageous survivor, James Keenan, to go forward with his claims and hopefully expose the names of all the offenders."
Keenan, of Savage, went public with his identity last December after the archdiocese asked the court to make him pay $64,000 in legal expenses, a request later withdrawn. In his suit, Keenan said he was abused by former priest Thomas Adamson while he was serving at Church of the Risen Savior in Burnsville. Keenan also said church officials knew of other abuse complaints against Adamson.
Jeff Anderson, whose law firm represents Keenan, obtained an archdiocesan list of 33 priests accused of sexual abuse involving minors. The Diocese of Winona has a similar list with 13 alleged abusers. Anderson has pressed to make both lists public, but has been barred by court order. Now that Keenan's case is moving forward, Finnegan hopes the lists will be made public during trial.
Twin Cities archdiocese officials have argued releasing the names could subject an innocent person to false accusations.
Reaction to sex abuse

The unanimous appeals court ruling says child sex abuse cases shouldn't be held to a higher standard when it comes to the admissibility of expert testimony about why such victims may not be able to remember traumatic events. The decision pointed to a recent state Supreme Court ruling that said experts should be allowed to explain why adult sex assault victims might not report crimes immediately or behave in other ways that might be confusing to a jury.

In this case, the appeals court decision said expert testimony may help the jury understand the difference between repressed memory and forgetting.

"The reaction of a child to sexual abuse, under the circumstances alleged in this case, may be outside the common understanding of an average juror," the decision said.
David Clohessy, director of the Survivors Network of Those Abused by Priests (SNAP), said in a statement that juries should hear about how victims deal with their trauma.
"We firmly believe that juries should hear from both victims and experts and that bishops should not be able to get abuse and cover-up cases tossed out of court easily -- using all kinds of legal technicalities, like the statutes of limitations," Clohessy's statement said.

Keenan's claim that the archdiocese and diocese failed to disclose that Adamson had a history of sexual abuse will also be allowed to go forward, the appeals court said. Those two fraud claims were dismissed by the district court because of the statute of limitations, but the appeals court reversed that decision.

"If, indeed, appellant did not become aware that he had been abused until 2001 or 2002, he could not have known that he had a viable fraud claim until then," the decision said.
Lora Pabst •             612-916-7212       Twitter: @lorapabst