Memory Faults and Fixes

41 The sex abuse scandal enveloping the Catholic Church has prompted vigorous calls for action: The Church should hand over to prosecutors a list of all its priests who have ever been accused in the past of sexual abuse; priests should be forced to resign if there has ever been an accusation; courts should devise ways to interpret laws that would allow criminal charges against priests even when the statute of limitation stands in the way; and Catholic bishops should be sued for violating federal antiracketeering laws—the laws that were intended to help dismantle Mafia-run organizations. No one can fail to be moved by the anguished looks and words of those who recount tales of abuse by priests. But before we rush to adopt the called-for measures, we should look closely at recent news about overturned convictions in the courts and at the growing body of research about human memory. For centuries we have had experience with people who come to court to testify and take the familiar solemn oath. In light of what I have learned about human memory, I propose a more realistic alternative: “Do you swear to tell the truth, the whole truth, or whatever it is you think you remember?” One has only to look at the growing number of cases in which DNA evidence has been used to exonerate innocent people. This year saw the release of the l00th person nationwide to be freed from prison after genetic testing. Larry Mayes of Indiana, now 52 years old, spent 21 years in prison for a rape of a gas station cashier. The victim had failed to identify him in two separate lineups and picked him out only after she was hypnotized by police. Mayes’ story is a common one; analyses of these DNA exoneration cases reveal that faulty eyewitness memory is the major cause of wrongful convictions. Issues have also cropped up in cases that are built on the soggy foundation of “repressed” memory. Arizona pediatrician John Danforth faced accusations by a former patient, Kim Logerquist, who suddenly remembered after an interval of two decades that he had repeatedly sexually molested her when she was between 8 and l0 years old. Her memories included a time when after an assault her panties were soaked with blood and she tossed them in the garbage can. At one point Logerquist wanted $3 million to $5 million in damages. Logerquist had been hospitalized E L I Z A B E T H F . L O F T U S