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Have you ever spoken to
your therapist, Mr. Barrett,
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about this phenomena
of repression?
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Your honor,
I'm going to object.
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Counsel does not have carte
blanche to inquire
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into what the law recognizes
to be
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a highly protected
right of privacy.
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That is a discussion
between an individual
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and a therapist if it involves
a confidential communication--
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It is a big thing
between carte blanche--
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I'm not asking about if she
discussed shopping habits
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- with her therapist.
- I'm asking about the phenomena
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of repression which is,
according to Ms. Lipsker,
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- what this case is about.
- Objection to that,
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your honor. I ask that it be
stricken from the record.
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Ms. Franklin-Lipsker
has never testified
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or stated that this case
is about repression.
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It's callous--
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I'll allow
the question. Overruled.
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Did you ever talk
to a therapist
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about this phenomena
of repression?
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Yes, I did, but I don't
think it's a phenomenon.
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What do you mean
by that answer?
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That it's not
something phenomenal.
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It's just something
that apparently is.
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You say, "Apparently
is." Who told you that?
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eerie instrumental
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I asked Kirk Barrett.
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And he said that there is
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such a thing that is called
repressed memory.
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And it doesn't necessarily
apply to me,
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but there is something
which is considered
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factually based of a person
repressing a memory.
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What did I know about
repressed memory? Nothing.
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It was the first
criminal prosecution
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of a repressed
memory case.
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There were no others.
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We were the only one.
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My instinct was it kind of cut
against the ken
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- of human understanding.
- It didn't appeal to my reason
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that someone would commit
a murder in front of
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their own child and then
on top of that,
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the child will then repress
the memory for all this time
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and then come out with it.
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It just seemed to
not make sense.
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And of course, murders don't
always make sense.
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But this one seemed
particularly funky.
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I first heard about the case
when it was referred to me.
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We just knew
it was an old murder,
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we didn't know
what the connection was.
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00:03:02,807 --> 00:03:05,101
I opened up the newspaper;
on the front page
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it was, "Daughter Accuses
Father of Murder."
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But we didn't know
which daughter it was.
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And I thought holy moly.
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I jumped in my car.
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Ran down to the San Mateo jail.
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And I went to see George.
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And say, "Hey, it's
your daughter, man."
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George looked at me
and said, "Janice?"
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But it turned out it wasn't
Janice, it was Eileen.
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I thought, "You know, if you
did a murder with your daughter,
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you'd remember which daughter
you were with."
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As soon as he said
Janice to me, I thought,
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"Uh-oh, something
very bad is happening."
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I believed in his innocence
as soon as he said that
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and nothing really shook my
belief in his innocence. Ever.
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It's an incredible,
bizarre hoax.
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I deal with it as well
as I know how.
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What is an
incredible, bizarre hoax?
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The so-called "repressed
memory" notion.
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Are you guilty of
the crime that put you in here?
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No.
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Absolutely not?
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Absolutely not.
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eerie synth pop instrumental
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I'm sorry?
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Do you recall
what time of day was it,
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the last time you saw Susan
Nason?
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It was late afternoon.
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Was it a school day?
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I'm not sure.
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There are so many
people out there who think
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a memory works like
a recording device.
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You just record the experience
and then later on,
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you can play it back
when you want to remember it,
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or when you want to answer
questions about it.
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Suzy was on the end
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of a platform
where the mattress was.
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00:05:27,660 --> 00:05:30,621
But that's not
how memory scientists
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think about memory.
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We think about memory
as a constructive process
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or a reconstructive process.
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00:05:40,506 --> 00:05:43,468
When you're
remembering something,
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you're actually taking
bits and pieces
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of experience,
you're bringing it together
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and you're
constructing something
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that feels like a real memory.
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I even like to think
about memory
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as more akin
to a Wikipedia page.
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You can go in there and edit
it, but so can other people.
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00:06:24,258 --> 00:06:26,511
When I was 14 years old...
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my mother drowned
in a swimming pool.
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That was probably the most
traumatic experience
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of my life.
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00:06:39,732 --> 00:06:43,736
And, what happened decades
and decades later,
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after I was already studying
these false memories
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that people were developing,
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one of my relatives started
talking about my mother's death
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and told me I was the one
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who found my mother's body
in the swimming pool.
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The relative was so confident
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that I started to visualize it,
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00:07:07,343 --> 00:07:11,889
I started to see it in my mind.
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And I could even picture
my mother
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in the swimming pool, face down.
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And I lived with this imagery
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for a number of days
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until the relative
called me up and said,
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"I made a mistake. It wasn't you
who found the body."
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It was her sister, my aunt.
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I was just so amazed
that I had this experience
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right in the middle of studying
these rich false memories,
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because I felt like
I understood
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00:07:49,177 --> 00:07:51,929
a little bit more
about what was happening
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with my research subjects
and what was happening
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00:07:55,683 --> 00:07:57,560
in these real world cases
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when people
are visualizing something
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00:08:00,897 --> 00:08:03,733
and it starts to feel
like a memory.
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00:08:06,068 --> 00:08:08,237
In that moment,
what was it
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00:08:08,279 --> 00:08:10,323
you thought
you were remembering?
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00:08:11,532 --> 00:08:14,327
My father with both hands
raised above his head
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00:08:14,368 --> 00:08:18,706
with a rock in it,
going towards Susan.
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00:08:20,708 --> 00:08:23,920
And did you associate
that image
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00:08:23,961 --> 00:08:27,298
with the death of Susan Nason
at that time?
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00:08:27,340 --> 00:08:29,008
Yes, I did.
135
00:08:29,967 --> 00:08:32,637
Had you had any
subsequent images?
136
00:08:32,678 --> 00:08:35,223
I didn't have any images.
137
00:08:35,723 --> 00:08:39,101
- What word would you use?
- -Well, It's a memory.
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I feel uncomfortable
when you say, "image,"
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that you're asking me
to conjure up an image
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00:08:43,356 --> 00:08:46,234
or imagine something
and that's not what I remember.
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00:08:48,569 --> 00:08:52,782
Well, when you saw this--
your dad with a rock,
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you didn't know what it was
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00:08:54,742 --> 00:08:57,703
when you first saw it, did you?
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When you're in the game room and
get the flash and you say no,
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00:09:00,957 --> 00:09:02,667
you didn't know what it was,
did you?
146
00:09:02,708 --> 00:09:04,168
Objection,
your honor.
147
00:09:04,210 --> 00:09:05,920
It states the testimony
is not a flash,
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00:09:05,962 --> 00:09:08,130
it's not an image,
it's not a story.
149
00:09:11,551 --> 00:09:13,553
How do you know if
it's really a recollection
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00:09:13,594 --> 00:09:15,179
or something
that's made up?
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00:09:15,221 --> 00:09:17,431
That's a concern of
Dr. Elizabeth Loftus.
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00:09:17,473 --> 00:09:19,809
She's a professor of psychology
at the University of Washington,
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00:09:19,850 --> 00:09:21,852
been studying memory for 20
years.
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00:09:21,894 --> 00:09:25,231
As a psychologist who's been
researching the field of memory
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00:09:25,273 --> 00:09:29,026
and recall for 20 years,
I know how easy it is
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to convince somebody that they
experienced something,
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00:09:31,195 --> 00:09:33,406
that they saw something
that never happened.
158
00:09:38,452 --> 00:09:42,081
The first time I heard
about the Franklin case
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00:09:42,123 --> 00:09:45,751
was when I got a call
from Doug Horngrad.
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He was representing a man
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who was accused of murder,
George Franklin.
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00:09:51,257 --> 00:09:54,260
And the only evidence
against him
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was the testimony
of his daughter, Eileen,
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who said that she saw her father
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00:10:02,393 --> 00:10:05,521
kill her little best friend
when she was eight years old.
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00:10:05,563 --> 00:10:08,608
That she repressed
her memory for 20 years
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00:10:08,649 --> 00:10:10,610
and now the memory was back.
168
00:10:13,946 --> 00:10:18,618
Well, I've heard of repression,
this hand-me-down Freudian idea
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00:10:18,659 --> 00:10:23,289
that somehow you take
all this horrific trauma
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00:10:23,331 --> 00:10:27,293
that you've experienced, you
banish it into the unconscious.
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00:10:27,335 --> 00:10:29,420
It's walled off from the rest
of mental life.
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00:10:29,462 --> 00:10:32,089
You have no awareness of it,
and then somehow
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00:10:32,131 --> 00:10:37,136
you can reliably recover
these pristine memories?
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00:10:37,178 --> 00:10:40,473
I'd heard of it,
but I never really looked
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00:10:40,514 --> 00:10:43,643
at what was the
evidence for this idea.
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00:10:43,684 --> 00:10:47,605
Dr. James McGaugh
is the director of the Center
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00:10:47,647 --> 00:10:50,024
for the Neurobiology of Learning
and Memory
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00:10:50,066 --> 00:10:52,234
at the University
of California.
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00:10:52,276 --> 00:10:54,487
Through experiments
we have shown
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00:10:54,528 --> 00:10:57,573
that in general, strongly
emotional experiences
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lead to strong memories
at a later time.
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00:11:02,286 --> 00:11:03,788
The Post-Traumatic
Stress Syndrome
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00:11:03,829 --> 00:11:06,582
shows that
very strong experiences,
184
00:11:06,624 --> 00:11:10,503
traumatic experiences
leave very strong memories.
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00:11:10,544 --> 00:11:13,839
Those are verified,
those are validated.
186
00:11:13,881 --> 00:11:17,176
Now what we're missing is
evidence to support the claim
187
00:11:17,218 --> 00:11:22,098
that a traumatic experience
occurs but is unavailable
188
00:11:22,139 --> 00:11:24,684
and then later on,
it is recovered.
189
00:11:24,725 --> 00:11:26,852
And I don't know of any
evidence from that.
190
00:11:26,894 --> 00:11:28,979
"Trust me" will not to do it.
191
00:11:30,106 --> 00:11:33,859
When I started
to look into the literature
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00:11:33,901 --> 00:11:37,863
for the evidence for this notion
of massive repression,
193
00:11:37,905 --> 00:11:41,367
I was pretty shocked because,
you know, there really wasn't
194
00:11:41,409 --> 00:11:45,663
any credible scientific
support for this.
195
00:11:46,622 --> 00:11:49,375
And yet, here we had
an American citizen
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00:11:49,417 --> 00:11:52,670
Who was being prosecuted
for murder
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00:11:52,712 --> 00:11:54,755
based on this idea.
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00:11:58,718 --> 00:12:01,220
Their only evidence
was Eileen's testimony.
199
00:12:02,722 --> 00:12:05,057
The entire case
was about her credibility.
200
00:12:05,099 --> 00:12:07,309
There was
no corroborating evidence.
201
00:12:07,351 --> 00:12:08,352
Zero. Zilch.
202
00:12:11,105 --> 00:12:14,400
Both sides were focused
on Eileen's credibility.
203
00:12:14,442 --> 00:12:18,028
The police were trying
to make her more credible.
204
00:12:18,070 --> 00:12:20,030
And we were trying
to find reasons
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00:12:20,072 --> 00:12:21,741
why she was less credible.
206
00:12:21,782 --> 00:12:23,993
It was that simple.
207
00:12:25,119 --> 00:12:27,872
We were tracking down
an expert in memory.
208
00:12:27,913 --> 00:12:29,623
We called two experts:
209
00:12:29,665 --> 00:12:32,418
Elizabeth Loftus,
who's a memory expert,
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00:12:32,460 --> 00:12:35,212
quite brilliant. And Elizabeth
pretty well took the position
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00:12:35,254 --> 00:12:37,298
there's no such thing
as a repressed memory.
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00:12:37,339 --> 00:12:39,258
You can forget something
and remember it
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00:12:39,300 --> 00:12:41,093
but the repressed memory that
they're describing,
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00:12:41,135 --> 00:12:43,220
it doesn't exist in the science.
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00:12:43,262 --> 00:12:45,598
And then we had a second
expert, David Spiegel,
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00:12:45,639 --> 00:12:48,392
who took the position that
there could be repressed memory
217
00:12:48,434 --> 00:12:50,603
but this wasn't one of them.
218
00:12:50,644 --> 00:12:53,272
Dr. David Spiegel, who
believes in the concept
219
00:12:53,314 --> 00:12:55,816
of repressed
and recovered memories,
220
00:12:55,858 --> 00:12:57,943
also testified for the defense.
221
00:12:57,985 --> 00:13:00,863
What I told the court was,
that I thought it was possible
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00:13:00,905 --> 00:13:03,073
she could have witnessed it
223
00:13:03,115 --> 00:13:06,410
and then dissociated
or repressed the memory.
224
00:13:06,452 --> 00:13:10,039
But there should be some
evidence if you had this memory
225
00:13:10,080 --> 00:13:13,793
of its influence, and yet there
was very little that changed
226
00:13:13,834 --> 00:13:16,462
in her behavior subsequent
to the loss of her friend,
227
00:13:16,504 --> 00:13:18,589
in her relationship
with her father.
228
00:13:18,631 --> 00:13:21,217
She took long trips with him,
she rode in the same van
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00:13:21,258 --> 00:13:24,136
in which the girl
was initially attacked.
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00:13:26,680 --> 00:13:30,226
Dissociation and repression
have both been viewed
231
00:13:30,267 --> 00:13:33,604
as mental defenses against
strong emotion and stress.
232
00:13:33,646 --> 00:13:36,190
The interesting thing
about it, though,
233
00:13:36,232 --> 00:13:38,651
is that those memories
are maybe out of sight,
234
00:13:38,692 --> 00:13:40,611
but they're not out of mind.
235
00:13:40,653 --> 00:13:43,155
So, a woman who was raped
in an elevator for example,
236
00:13:43,197 --> 00:13:45,491
may, over a period of days,
237
00:13:45,533 --> 00:13:47,827
lose the ability to remember
exactly what happened.
238
00:13:47,868 --> 00:13:50,454
But she'll find that she can't
get into an elevator.
239
00:13:50,496 --> 00:13:53,332
So, the information
is still having an effect,
240
00:13:53,374 --> 00:13:56,252
but she's no longer
consciously aware of it.
241
00:13:57,545 --> 00:14:00,756
I find it plausible
that she might have dissociated
242
00:14:00,798 --> 00:14:02,883
this thing if she'd seen it.
243
00:14:02,925 --> 00:14:06,303
I don't find it plausible that
it would seem to have
244
00:14:06,345 --> 00:14:10,349
no other effect on her
relationship with her father.
245
00:14:11,517 --> 00:14:15,020
I would expect that she would
be fearful, avoidant.
246
00:14:15,062 --> 00:14:17,565
That she'd see him
as a source of danger.
247
00:14:19,483 --> 00:14:23,028
My dad and I loved
each other very, very much.
248
00:14:24,071 --> 00:14:25,698
It's almost a love story
249
00:14:25,739 --> 00:14:28,409
because I cared
for him so deeply.
250
00:14:32,746 --> 00:14:35,332
When I learned
that it was Eileen
251
00:14:35,374 --> 00:14:40,045
making the accusation,
for the murder of a child...
252
00:14:41,213 --> 00:14:43,591
I was just flabbergasted.
253
00:14:44,758 --> 00:14:46,594
I could not imagine that.
254
00:14:49,555 --> 00:14:51,348
I was wiped out.
255
00:14:51,932 --> 00:14:53,726
It was a blow.
256
00:14:55,227 --> 00:14:58,063
Even though I knew
about his drinking,
257
00:14:58,105 --> 00:15:01,358
even though I knew about
his blackouts,
258
00:15:02,026 --> 00:15:07,573
I still had faith that George
would never go that far.
259
00:15:10,993 --> 00:15:15,915
Eileen was the child who came up
to Sacramento most often.
260
00:15:15,956 --> 00:15:19,668
And she would stay at my house
in my guest bedroom.
261
00:15:21,462 --> 00:15:25,674
I began thinking about
any indications
262
00:15:25,716 --> 00:15:28,385
I had ever seen of Eileen
263
00:15:28,427 --> 00:15:30,262
being uncomfortable
with him,
264
00:15:30,304 --> 00:15:34,266
of Eileen fearing him,
of Eileen not liking him.
265
00:15:34,725 --> 00:15:39,939
Seeing her interacting with
George-- they were very close.
266
00:15:39,980 --> 00:15:43,442
There was no hint of discomfort
267
00:15:43,484 --> 00:15:45,986
on her part around him.
268
00:15:46,320 --> 00:15:50,282
They had traveled across
country in the family van
269
00:15:50,324 --> 00:15:53,619
for vacations
or to visit relatives.
270
00:15:53,661 --> 00:15:57,957
And so, it was just unbelievable
271
00:15:57,998 --> 00:15:59,750
that she would be the one
272
00:15:59,792 --> 00:16:01,669
making the accusations.
273
00:16:01,710 --> 00:16:03,671
Made no sense.
274
00:16:05,464 --> 00:16:08,092
But I knew
she was an emotional girl,
275
00:16:08,467 --> 00:16:12,096
and I wondered if something
had happened to her.
276
00:16:12,137 --> 00:16:17,101
And I did think possibly there
was an influence from Janice.
277
00:16:18,686 --> 00:16:23,482
Eileen once told me that her
oldest sister hated George.
278
00:16:24,692 --> 00:16:29,113
Did not like him. Did not want
anything to do with him.
279
00:16:29,154 --> 00:16:30,656
And as far as she was concerned,
280
00:16:30,698 --> 00:16:32,950
if he was wiped off
the face of the Earth,
281
00:16:32,992 --> 00:16:34,326
she'd be a happy person.
282
00:16:34,368 --> 00:16:36,245
This wasn't the first time
283
00:16:36,286 --> 00:16:38,163
the San Mateo County
Sheriff's office
284
00:16:38,205 --> 00:16:40,666
heard Eileen's father accused
of the murder of Susan Nason.
285
00:16:40,708 --> 00:16:43,127
Five years ago,
Eileen's older sister, Janice,
286
00:16:43,168 --> 00:16:45,921
told police she thought
her father might be the killer.
287
00:16:45,963 --> 00:16:49,091
I felt that my instincts and my
suspicions were correct.
288
00:16:49,133 --> 00:16:54,013
And that he is
a dangerous person
289
00:16:54,054 --> 00:16:57,391
and someone who had to be
taken out of society.
290
00:16:57,433 --> 00:16:59,601
And that,
what I knew, hopefully,
291
00:16:59,643 --> 00:17:02,271
the police could put together
with what they knew.
292
00:17:02,312 --> 00:17:04,523
And we could resolve it.
293
00:17:04,565 --> 00:17:07,234
Without evidence
to support Janice's suspicions,
294
00:17:07,276 --> 00:17:09,570
the police took no action.
295
00:17:10,195 --> 00:17:14,241
Janice had gone to the cops
years before Eileen did.
296
00:17:14,283 --> 00:17:17,119
And told the cops she suspected
her father did the killing
297
00:17:17,161 --> 00:17:18,746
but didn't have any evidence.
298
00:17:18,787 --> 00:17:20,789
So, this was part
of family lore.
299
00:17:20,831 --> 00:17:23,042
Particularly, the family that
was disaffected from him.
300
00:17:26,420 --> 00:17:30,299
Now, on the day
that Susan disappeared,
301
00:17:30,340 --> 00:17:32,342
did you see your father
that day?
302
00:17:32,384 --> 00:17:35,137
- Yes, I did.
- It was real scary.
303
00:17:35,179 --> 00:17:38,140
Uh, when I walked in,
came in the front door,
304
00:17:38,182 --> 00:17:40,726
he said hello to me.
305
00:17:40,768 --> 00:17:44,229
But the way he said hello was--
was frightening, very scary.
306
00:17:44,605 --> 00:17:47,649
He changed dramatically
after that.
307
00:17:47,691 --> 00:17:50,027
That's when
his drinking increased,
308
00:17:50,069 --> 00:17:51,987
his violence got worse
309
00:17:52,029 --> 00:17:56,742
and it made me really feel very
strongly that it was my father.
310
00:17:58,952 --> 00:18:01,371
If Eileen's sister,
Janice,
311
00:18:01,413 --> 00:18:04,666
went so far as to go
to the police
312
00:18:04,708 --> 00:18:08,128
and say that she was suspicious
that maybe her father
313
00:18:08,170 --> 00:18:11,924
had something to do with the
murder, isn't it likely
314
00:18:11,965 --> 00:18:15,344
that she might have said
something to Eileen herself?
315
00:18:15,385 --> 00:18:17,846
That this might
have been a family story,
316
00:18:17,888 --> 00:18:20,265
that Janice
didn't just do it on her own
317
00:18:20,307 --> 00:18:22,601
without talking to anybody
else about it?
318
00:18:22,643 --> 00:18:25,354
And so, if this knowledge
and information
319
00:18:25,395 --> 00:18:28,732
was part of Eileen's history,
320
00:18:28,774 --> 00:18:33,529
that could have fed into
the creation of this memory
321
00:18:33,570 --> 00:18:37,282
that she ultimately presented
to the jury.
322
00:18:38,325 --> 00:18:41,203
Did you know that in 1984,
323
00:18:41,829 --> 00:18:47,042
your sister Janice contacted
the police and told them
324
00:18:47,084 --> 00:18:50,504
that she believed your father
might've done this killing?
325
00:18:51,296 --> 00:18:52,714
Did I know that when?
326
00:18:52,756 --> 00:18:54,716
- Do you know it now?
- Yes, I do.
327
00:18:54,758 --> 00:18:56,969
Did you know it before I
just asked you the question?
328
00:18:57,010 --> 00:18:58,428
Yes.
329
00:18:58,470 --> 00:19:01,723
I think that
I learned of it in...
330
00:19:04,184 --> 00:19:06,645
1986.
331
00:19:06,895 --> 00:19:08,814
somber piano instrumental
332
00:19:11,316 --> 00:19:15,404
Our memory is influenced
by a lot of factors
333
00:19:15,445 --> 00:19:20,659
that make it a more variable
system than we like to think.
334
00:19:23,078 --> 00:19:27,416
You can suggest people
into having a false belief
335
00:19:27,457 --> 00:19:30,627
about something that
really didn't happen.
336
00:19:32,212 --> 00:19:36,341
we're social creatures,
we're very sensitive to input.
337
00:19:36,592 --> 00:19:39,136
And people will come to
believe things
338
00:19:39,178 --> 00:19:41,722
that are obviously not true.
339
00:19:45,017 --> 00:19:49,771
And he took out
of the car a, um...
340
00:19:51,481 --> 00:19:55,194
a marine-issued spade
or shovel...
341
00:19:55,235 --> 00:19:58,280
and did dome digging.
342
00:19:58,322 --> 00:20:03,535
He was close to where Susan was,
but slightly down lower.
343
00:20:04,703 --> 00:20:07,164
And I heard it go into the
ground a couple of times.
344
00:20:07,206 --> 00:20:09,041
And then I turned away.
345
00:20:11,543 --> 00:20:13,712
A false memory
is different from lying.
346
00:20:13,754 --> 00:20:16,882
That is, in lying you're
consciously trying
347
00:20:16,924 --> 00:20:19,343
to create a reality
that you know isn't true.
348
00:20:19,384 --> 00:20:21,887
A false memory is one
in which you believe it's true,
349
00:20:21,929 --> 00:20:23,680
but it isn't.
350
00:20:23,722 --> 00:20:28,685
This can happen in cases of
suggestive questioning
351
00:20:28,727 --> 00:20:30,979
without or with techniques
like hypnosis.
352
00:20:34,608 --> 00:20:36,026
Your brother is
George Junior?
353
00:20:36,068 --> 00:20:37,903
- Yes.
- Was George Junior
354
00:20:37,945 --> 00:20:41,031
the first
family member you had told?
355
00:20:41,073 --> 00:20:43,200
Yes.
356
00:20:43,242 --> 00:20:47,371
And how did it come
to pass that you told him
357
00:20:47,412 --> 00:20:49,706
that you'd been hypnotized?
358
00:20:50,958 --> 00:20:53,752
When I initially told my brother
359
00:20:53,794 --> 00:20:57,631
that I had witnessed
this murder,
360
00:21:00,384 --> 00:21:02,010
his response to it--
361
00:21:02,052 --> 00:21:05,389
he looked at me as if
he thought I were crazy.
362
00:21:05,430 --> 00:21:10,227
And I became very frightened
by his reaction to me.
363
00:21:10,269 --> 00:21:12,771
And in a moment of panic,
364
00:21:15,899 --> 00:21:18,026
I said that I had been
hypnotized
365
00:21:18,068 --> 00:21:20,612
in an attempt to explain
my memory,
366
00:21:20,654 --> 00:21:22,948
which even I could not explain.
367
00:21:24,866 --> 00:21:29,079
And he said to me,
"Well, that's logical,
368
00:21:29,121 --> 00:21:31,415
because the human mind
is like an onion,
369
00:21:31,456 --> 00:21:34,626
and when you use hypnosis,
it peels away the layers."
370
00:21:34,668 --> 00:21:38,046
So then, he believed
me completely.
371
00:21:40,340 --> 00:21:42,634
We knew that
she had told her family
372
00:21:42,676 --> 00:21:44,803
that it was hypnosis.
373
00:21:44,845 --> 00:21:47,139
George Junior was quite
certain of that.
374
00:21:48,181 --> 00:21:51,852
She then said she was
lying about hypnosis
375
00:21:51,893 --> 00:21:54,438
because she wanted to make her
story sound more credible,
376
00:21:54,479 --> 00:21:56,148
which is another way of saying,
377
00:21:56,189 --> 00:21:58,650
"I lied because
I wanted to be believed."
378
00:21:59,943 --> 00:22:02,779
Eileen consistently
denied hypnosis
379
00:22:02,821 --> 00:22:05,157
because she knew
it was fatal to her case.
380
00:22:05,198 --> 00:22:08,577
And there's a reason that
hypnotically induced testimony
381
00:22:08,618 --> 00:22:11,621
is inadmissible,
because it's unreliable.
382
00:22:11,663 --> 00:22:16,001
I have been studying
the use of hypnosis
383
00:22:16,043 --> 00:22:20,005
in responses to trauma
throughout my career.
384
00:22:20,547 --> 00:22:25,510
Several things happen when
people go into a hypnotic state.
385
00:22:25,552 --> 00:22:29,848
One is they turn down activity
in the middle front of the brain
386
00:22:29,890 --> 00:22:31,683
called the anterior
cingulate cortex.
387
00:22:31,725 --> 00:22:33,560
It's a part of the brain
that tells us
388
00:22:33,602 --> 00:22:36,021
what to pay
attention to and what not to.
389
00:22:39,566 --> 00:22:41,651
It's sort of like looking
390
00:22:41,693 --> 00:22:43,195
through the telephoto lens
of a camera.
391
00:22:43,236 --> 00:22:45,030
What you see,
you see with great detail,
392
00:22:45,072 --> 00:22:47,699
but you're less aware
of the periphery.
393
00:22:48,909 --> 00:22:50,994
And because you're doing that,
394
00:22:51,036 --> 00:22:52,829
you're willing to suspend
critical judgement
395
00:22:52,871 --> 00:22:54,664
to a certain extent.
396
00:22:54,706 --> 00:22:56,917
So, it's got tremendous power.
397
00:22:57,751 --> 00:22:59,753
But if you do it wrong,
398
00:22:59,795 --> 00:23:02,005
you can get people to focus
on the wrong thing,
399
00:23:02,047 --> 00:23:04,049
which is complying with
making up a story,
400
00:23:04,508 --> 00:23:07,052
rather than uncovering
the truth.
401
00:23:09,930 --> 00:23:12,724
You can make so called
"honest liars" of people.
402
00:23:15,435 --> 00:23:18,730
Hypnosis has been called
believed-in imagination.
403
00:23:18,772 --> 00:23:22,818
So it may be that when she
started to imagine
404
00:23:22,859 --> 00:23:24,903
that he's the kind of person
405
00:23:24,945 --> 00:23:27,197
that could have done
something like that,
406
00:23:27,239 --> 00:23:30,700
it became more compelling
for her to just believe it.
407
00:23:34,079 --> 00:23:36,832
I went up into the front seat.
408
00:23:40,752 --> 00:23:42,921
There is a law in California
that a witness
409
00:23:42,963 --> 00:23:45,590
or victim who has been
hypnotized about the facts
410
00:23:45,632 --> 00:23:47,426
of a crime may not testify.
411
00:23:47,467 --> 00:23:52,514
And my father was holding her
hands up above her head.
412
00:23:53,974 --> 00:23:56,309
And he was on top of her.
413
00:23:56,351 --> 00:23:59,729
So, it was pretty clear
in a high-profile case
414
00:23:59,771 --> 00:24:01,940
that if, in fact,
she'd been hypnotized,
415
00:24:01,982 --> 00:24:03,483
her testimony would
be thrown out
416
00:24:03,525 --> 00:24:05,235
and there was nothing else.
417
00:24:10,323 --> 00:24:13,326
That was the big lie
and that was the big secret.
418
00:24:13,743 --> 00:24:16,455
And that's the one they worked
so hard to keep secret,
419
00:24:16,496 --> 00:24:18,748
because that would have been
the end of the case,
420
00:24:18,790 --> 00:24:20,625
and that's not what they wanted.
421
00:24:20,667 --> 00:24:24,171
She's also called her mother
and told her what she saw
422
00:24:25,172 --> 00:24:26,965
and she tells her that
she recovered
423
00:24:27,007 --> 00:24:29,217
the memory under hypnosis.
424
00:24:31,094 --> 00:24:35,056
And the subject of debate
is when she learned that
425
00:24:35,098 --> 00:24:38,643
statements obtained under
hypnosis in California
426
00:24:38,685 --> 00:24:41,021
are not admissible in court.
427
00:24:41,438 --> 00:24:43,565
Their mom was a lawyer.
428
00:24:43,940 --> 00:24:46,651
So I'm quite certain that
the mother, Leah,
429
00:24:46,693 --> 00:24:48,361
or some other attorney said,
430
00:24:48,403 --> 00:24:50,989
"Hey, if you cop to the fact
that you were hypnotized,
431
00:24:51,031 --> 00:24:52,991
then your testimony is going
to be inadmissible
432
00:24:53,033 --> 00:24:55,368
and your father's going
to walk free."
433
00:24:56,077 --> 00:24:59,331
When you first told your
mother that you remembered
434
00:24:59,372 --> 00:25:01,374
seeing your father kill Susan
Nason,
435
00:25:01,416 --> 00:25:05,128
was it then you told your mother
you'd been hypnotized?
436
00:25:07,172 --> 00:25:09,674
I believe I said that to
her during our second
437
00:25:09,716 --> 00:25:11,301
or third conversation.
438
00:25:12,844 --> 00:25:15,305
Your mother's a lawyer,
is that right?
439
00:25:16,139 --> 00:25:17,599
Yes, she is.
440
00:25:19,226 --> 00:25:22,145
Did you ever have a
discussion with your mother
441
00:25:22,187 --> 00:25:26,942
about whether or not
hypnotically induced testimony
442
00:25:26,983 --> 00:25:28,818
is admissible in criminal
matters
443
00:25:28,860 --> 00:25:30,862
in the state of
California?
444
00:25:33,573 --> 00:25:36,701
I believe we had a conversation
which touched on it.
445
00:25:36,743 --> 00:25:38,662
What--
- After the arrest.
446
00:25:38,703 --> 00:25:41,039
Okay, and--
447
00:25:41,081 --> 00:25:44,000
At that time, I had already told
her that--
448
00:25:44,042 --> 00:25:46,336
that I had not been
hypnotized.
449
00:25:46,378 --> 00:25:49,589
And that I had been dishonest
with her.
450
00:25:51,550 --> 00:25:53,510
We know that she lied.
451
00:25:53,552 --> 00:25:56,096
She initially said that
this recollection came to her
452
00:25:56,137 --> 00:25:58,723
in a flash when she was
hypnotized by a therapist.
453
00:25:58,765 --> 00:26:00,350
She then had a talk
with her mother,
454
00:26:00,392 --> 00:26:02,644
who had become an attorney,
and changed her story.
455
00:26:02,686 --> 00:26:05,313
She then said, "Well, I was
looking in my daughter's eyes
456
00:26:05,355 --> 00:26:07,566
and my daughter was the same age
as little Susan.
457
00:26:07,607 --> 00:26:09,192
And the memory came to me."
458
00:26:09,234 --> 00:26:11,403
So either she was lying then
or she's lying now.
459
00:26:12,737 --> 00:26:15,073
We believe so much that
she had been hypnotized.
460
00:26:15,115 --> 00:26:18,868
It made perfect sense
and explained a lot.
461
00:26:20,036 --> 00:26:23,873
If you just looked
at her statements
462
00:26:24,958 --> 00:26:27,294
telling her family that
she was hypnotized
463
00:26:28,795 --> 00:26:30,964
and then not telling
that to the police,
464
00:26:32,465 --> 00:26:35,427
we always suspected that
she had told the truth
465
00:26:35,468 --> 00:26:38,013
the first time, that if she did
actually get the memory,
466
00:26:38,054 --> 00:26:39,764
she got it during hypnosis.
467
00:26:40,181 --> 00:26:43,226
Eileen's therapist
at the time was Kirk Barrett,
468
00:26:43,268 --> 00:26:44,894
a marriage and family counselor
469
00:26:44,936 --> 00:26:47,063
practicing in
Southern California.
470
00:26:47,105 --> 00:26:49,274
He refused to talk
to us on camera.
471
00:26:49,316 --> 00:26:51,526
But here's what he
told the court.
472
00:26:51,568 --> 00:26:55,155
"My purpose really was just to
help her have those memories.
473
00:26:55,196 --> 00:26:57,824
I had told her
it wasn't important
474
00:26:57,866 --> 00:27:00,076
whether they were real or not."
475
00:27:01,077 --> 00:27:02,912
Kirk Barrett was
the therapist
476
00:27:02,954 --> 00:27:04,539
that Eileen Franklin was seeing
at the time,
477
00:27:04,581 --> 00:27:06,875
that she claims she recovered
her memory.
478
00:27:06,916 --> 00:27:08,793
I don't know what happened
in his office,
479
00:27:08,835 --> 00:27:11,338
except that he hypnotized her.
480
00:27:14,299 --> 00:27:18,011
I went and carefully read
the therapist records,
481
00:27:18,053 --> 00:27:22,265
and somehow there seemed to
be some missing parts
482
00:27:22,307 --> 00:27:24,100
of the record that should
have been there,
483
00:27:24,142 --> 00:27:26,269
and I was suspicious that
hypnosis might have been
484
00:27:26,311 --> 00:27:29,939
- involved and been expunged.
- It looked a little strange.
485
00:27:32,025 --> 00:27:33,652
I imagine that he believed her,
486
00:27:33,693 --> 00:27:35,862
that he thought they were
doing what was just.
487
00:27:36,446 --> 00:27:39,991
So he didn't want to reveal
hypnosis was involved.
488
00:27:43,161 --> 00:27:45,997
- He denied it.
- That's what we have.
489
00:27:46,039 --> 00:27:48,041
But we wanted to keep
hammering at that.
490
00:27:50,043 --> 00:27:53,254
In the course of your
therapy
491
00:27:53,630 --> 00:27:58,593
with Kirk Barrett, you had
expressed to him
492
00:27:58,635 --> 00:28:02,097
- an interest in hypnotherapy.
- Isn't that true?
493
00:28:03,014 --> 00:28:04,849
I had discussed it with him
one time.
494
00:28:05,350 --> 00:28:08,937
Because you had an
interest in being hypnotized?
495
00:28:08,978 --> 00:28:10,480
Is that right?
496
00:28:10,522 --> 00:28:11,981
For weight loss.
497
00:28:12,399 --> 00:28:16,736
Well, the question is, you
expressed the interest to
498
00:28:16,778 --> 00:28:19,114
Mr. Barrett because you had an
interest in being hypnotized--
499
00:28:19,155 --> 00:28:21,366
No, I had a curiosity.
500
00:28:21,408 --> 00:28:22,701
About hypnosis?
501
00:28:22,742 --> 00:28:24,035
Yes, sir.
502
00:28:24,160 --> 00:28:25,745
Your Honor, I'm going
to object
503
00:28:25,787 --> 00:28:27,497
on the basis of
relevance.
504
00:28:27,539 --> 00:28:29,833
The only discussion she had with
Mr. Barrett was about
505
00:28:29,874 --> 00:28:31,501
hypnosis for weight loss.
506
00:28:31,543 --> 00:28:34,713
She never discussed the events
of this case in terms of
507
00:28:34,754 --> 00:28:37,674
hypnotic therapy with
Mr. Barrett, is that--
508
00:28:37,716 --> 00:28:39,217
No, it was only for weight loss.
509
00:28:39,259 --> 00:28:42,262
The District Attorney's
objection is sustained.
510
00:28:44,389 --> 00:28:47,559
We have tried to find
ways of discriminating true
511
00:28:47,600 --> 00:28:51,730
memories from false memories,
and it's hard.
512
00:28:52,939 --> 00:28:56,359
You might think that maybe
brain neuro signals might be
513
00:28:56,401 --> 00:28:58,653
different for true memories
and false memories,
514
00:28:58,695 --> 00:29:02,949
but studies that compare them
show incredible similarity
515
00:29:02,991 --> 00:29:04,743
of the neural signals.
516
00:29:06,202 --> 00:29:10,081
He was on top of her
with his pelvis
517
00:29:10,123 --> 00:29:13,626
up against her pelvis
and her legs were apart.
518
00:29:13,668 --> 00:29:14,836
And her legs were apart?
519
00:29:14,878 --> 00:29:16,629
Yes.
520
00:29:16,671 --> 00:29:19,299
Certainly I know
from lots of research
521
00:29:19,340 --> 00:29:22,051
that when somebody tells you a
story and it's very detailed
522
00:29:22,093 --> 00:29:23,678
and they're confident about it,
523
00:29:23,720 --> 00:29:26,097
and especially if they show
a little emotion,
524
00:29:26,139 --> 00:29:30,226
people embrace it and accept
it as authentic.
525
00:29:30,268 --> 00:29:33,605
The problem with uncritically
accepting it is that
526
00:29:33,646 --> 00:29:36,900
false memories have these
same characteristics.
527
00:29:36,941 --> 00:29:39,110
False memories
can be expressed
528
00:29:39,152 --> 00:29:42,447
with a lot of confidence
and detail and even emotion.
529
00:29:42,489 --> 00:29:45,742
People can cry when they tell
you the false stories
530
00:29:45,784 --> 00:29:49,204
because they themselves believe
them to be real.
531
00:29:51,956 --> 00:29:56,961
There was blood
and she had a ring
532
00:29:57,003 --> 00:29:59,297
on her finger
that was smashed in.
533
00:29:59,339 --> 00:30:02,967
Her fingers were-- her hand
was...
534
00:30:04,969 --> 00:30:08,890
We have somebody with
a whole rich memory
535
00:30:08,932 --> 00:30:12,310
of what
she supposedly experienced.
536
00:30:13,603 --> 00:30:18,316
We were discussing
where all these details
537
00:30:18,358 --> 00:30:20,985
in her recollection
could have come from
538
00:30:21,027 --> 00:30:23,530
if she hadn't witnessed
539
00:30:23,571 --> 00:30:25,532
what she claimed to
have witnessed.
540
00:30:26,366 --> 00:30:28,326
Information about the location
541
00:30:28,368 --> 00:30:30,995
and what Susie was wearing
and that there was a rock
542
00:30:31,037 --> 00:30:33,623
and there was a ring.
543
00:30:35,708 --> 00:30:40,964
I looked at newspaper articles
and publicity about the case.
544
00:30:42,215 --> 00:30:45,927
There was a massive amount
of public information
545
00:30:47,053 --> 00:30:49,514
and all of the details
546
00:30:49,556 --> 00:30:54,352
in this very richly
detailed story that she told,
547
00:30:54,394 --> 00:30:59,399
all those details
were public knowledge.
548
00:31:16,082 --> 00:31:18,376
And this could be just
549
00:31:18,418 --> 00:31:23,131
a beautiful example of how
post-event information
550
00:31:23,715 --> 00:31:28,553
can feed into the construction
of a completely new
551
00:31:28,928 --> 00:31:31,639
and fabricated recollection.
552
00:31:36,603 --> 00:31:41,274
The defense tried to introduce
all this media coverage
553
00:31:41,316 --> 00:31:44,777
to show where these details
could have come from
554
00:31:44,819 --> 00:31:49,073
if Eileen hadn't actually
witnessed this event herself.
555
00:31:54,537 --> 00:31:56,748
And the judge denied that.
556
00:31:58,124 --> 00:32:02,587
He said an eight-year-old
wasn't reading newspapers,
557
00:32:03,546 --> 00:32:06,674
but the fact is she may
have looked
558
00:32:06,716 --> 00:32:08,760
at these things later on.
559
00:32:10,470 --> 00:32:15,433
Isn't it true that your
husband, Barry,
560
00:32:15,475 --> 00:32:19,562
has kept a collection
of newspaper clippings
561
00:32:19,604 --> 00:32:21,564
about this case? Isn't that
true?
562
00:32:21,606 --> 00:32:23,608
I wouldn't say that Barry has
kept a collection.
563
00:32:23,650 --> 00:32:25,276
Who has?
564
00:32:25,318 --> 00:32:27,278
Objection, assumes
facts not in evidence.
565
00:32:27,320 --> 00:32:29,113
Overruled.
566
00:32:30,823 --> 00:32:33,910
Who has a collection
of clippings?
567
00:32:33,952 --> 00:32:37,413
Barry has clipped articles
568
00:32:37,455 --> 00:32:39,123
that have come in the paper
569
00:32:39,165 --> 00:32:41,292
or that family members
have sent us.
570
00:32:41,334 --> 00:32:42,418
Thank you.
571
00:32:42,877 --> 00:32:46,422
Barry Lipsker, her
husband, was very involved.
572
00:32:48,174 --> 00:32:51,260
He was keeping an album of all
the clippings about the case,
573
00:32:51,302 --> 00:32:53,763
and there were some
old ones, too.
574
00:32:57,517 --> 00:33:00,144
And he pushed her to call
the police and so forth.
575
00:33:00,186 --> 00:33:02,313
I'm sure he had it in
for the father.
576
00:33:04,148 --> 00:33:06,651
He was very invested
in the process,
577
00:33:06,693 --> 00:33:09,946
very invested in his wife
having this role
578
00:33:09,988 --> 00:33:11,906
of crime buster.
579
00:33:12,949 --> 00:33:15,243
My wife did one
of the most courageous
580
00:33:15,284 --> 00:33:18,913
and difficult things that any
person in society could do.
581
00:33:18,955 --> 00:33:22,250
She came forward after
witnessing a terrible crime
582
00:33:22,291 --> 00:33:25,420
and she turned in her father.
583
00:33:27,046 --> 00:33:31,050
Did you ever ask Barry
about the newspaper clippings?
584
00:33:31,718 --> 00:33:33,302
No.
585
00:33:33,344 --> 00:33:35,179
You know where it is
in the house?
586
00:33:35,221 --> 00:33:36,889
- Yes.
- Where is it kept?
587
00:33:36,931 --> 00:33:38,683
In my office.
588
00:33:40,935 --> 00:33:42,145
Locked?
589
00:33:42,186 --> 00:33:43,730
No.
590
00:33:43,771 --> 00:33:45,815
Somewhere that is
accessible for you?
591
00:33:45,857 --> 00:33:47,191
Yes.
592
00:33:48,568 --> 00:33:51,154
I believe Barry was
keeping the folder
593
00:33:51,195 --> 00:33:52,697
of the newspaper articles
594
00:33:52,739 --> 00:33:55,450
because he wanted to help
Eileen's testimony.
595
00:33:55,950 --> 00:33:59,203
It's preposterous to think
that these newspaper articles
596
00:33:59,245 --> 00:34:00,580
were sitting in the house
597
00:34:00,621 --> 00:34:02,623
- and she never looked at them.
- Absurd.
598
00:34:02,665 --> 00:34:05,793
I mean, it is inconceivable
that she never looked at them.
599
00:34:05,835 --> 00:34:09,422
And it's even more inconceivable
they never discussed it.
600
00:34:13,718 --> 00:34:17,346
Our defense was that everything
that Eileen
601
00:34:17,388 --> 00:34:20,099
testified to was in
the public domain.
602
00:34:23,102 --> 00:34:25,688
She would, like a sponge,
603
00:34:25,730 --> 00:34:29,901
absorb the known facts
and then spin them her way.
604
00:34:30,318 --> 00:34:34,238
I remember going
past the reservoirs
605
00:34:34,280 --> 00:34:37,075
towards Half Moon Bay.
606
00:34:37,575 --> 00:34:42,413
My father had a rock
in his two hands
607
00:34:43,289 --> 00:34:46,292
and he crashed the rock down
608
00:34:46,334 --> 00:34:48,795
against her head.
609
00:34:48,836 --> 00:34:53,716
And I heard the sound
of the rock crushing her head.
610
00:34:56,344 --> 00:35:00,556
She used to wear this silver
ring with a stone in it.
611
00:35:02,308 --> 00:35:04,227
She had her hands
up to her head
612
00:35:04,268 --> 00:35:06,395
when the stone came down.
613
00:35:09,190 --> 00:35:13,611
He was really serious with me
and told me to help him pull
614
00:35:13,653 --> 00:35:17,615
the mattress out
and he pulled it out
615
00:35:17,657 --> 00:35:21,369
and I got into the car.
616
00:35:22,745 --> 00:35:26,082
Basically it tells you
something about just how big
617
00:35:26,124 --> 00:35:31,212
a false memory is possible to
plant in the human mind
618
00:35:31,254 --> 00:35:33,756
and that so many people,
619
00:35:33,798 --> 00:35:36,425
ordinary people were willing
to buy it
620
00:35:36,467 --> 00:35:38,511
hook, line, and sinker.
621
00:35:41,139 --> 00:35:43,307
Didn't their come a time
in your mind
622
00:35:43,349 --> 00:35:45,643
where you asked
yourself...
623
00:35:48,354 --> 00:35:51,816
"How is it I saw Susan's ring?"
624
00:35:52,024 --> 00:35:54,944
Didn't there ever come a time
in your mind
625
00:35:54,986 --> 00:35:56,612
where you asked yourself that
question?
626
00:35:56,654 --> 00:35:58,072
No.
627
00:35:58,656 --> 00:36:02,201
I just remember focusing
my eyes on her hand.
628
00:36:03,327 --> 00:36:05,288
What else do you remember
seeing?
629
00:36:06,622 --> 00:36:08,875
That Susan was laying
on the ground.
630
00:36:08,916 --> 00:36:11,252
When you say
you focused on the hand,
631
00:36:11,294 --> 00:36:13,129
- was her hand bloody?
- Do you recall?
632
00:36:13,171 --> 00:36:14,797
Yes.
633
00:36:16,632 --> 00:36:19,051
Was there anything near
her hand, do you recall?
634
00:36:19,093 --> 00:36:20,845
I don't remember.
635
00:36:20,887 --> 00:36:23,681
Was there anyone
within your vision
636
00:36:23,723 --> 00:36:26,225
- of Susan at that time?
- Anyone else?
637
00:36:28,311 --> 00:36:30,354
I just saw Susan on the ground.
638
00:36:30,730 --> 00:36:32,857
Do you remember seeing
where your father was
639
00:36:32,899 --> 00:36:34,901
- at that moment?
- No, I don't remember.
640
00:36:38,654 --> 00:36:40,531
Do you remember how far
away from the van
641
00:36:40,573 --> 00:36:42,366
you were at
that moment?
642
00:36:44,243 --> 00:36:46,537
- No, I don't.
- Any idea?
643
00:36:47,830 --> 00:36:49,874
- Do you want me to guess?
- No.
644
00:36:50,124 --> 00:36:53,002
Okay, I'm saying I looked down,
I was focusing on looking
645
00:36:53,044 --> 00:36:56,088
at Susie's hand, and it was
bloody, and that's what
646
00:36:56,130 --> 00:36:58,674
I was staring at. And I can't--
I can't estimate
647
00:36:58,716 --> 00:37:00,718
for you how far I was
from the van.
648
00:37:00,927 --> 00:37:03,804
Nor can you tell us where
your dad was at the time?
649
00:37:03,846 --> 00:37:05,723
No.
650
00:37:05,765 --> 00:37:08,643
Nor can you tell us
anything else about that scene?
651
00:37:08,684 --> 00:37:10,144
Correct?
652
00:37:10,186 --> 00:37:12,563
I haven't answered that already?
653
00:37:13,981 --> 00:37:17,068
- It's impossible.
- It's impossible to discern
654
00:37:17,109 --> 00:37:18,945
whether something
is a false or true memory.
655
00:37:18,986 --> 00:37:21,322
That's why you have to
have corroboration,
656
00:37:21,364 --> 00:37:22,865
but no corroboration?
657
00:37:22,907 --> 00:37:25,284
No one should ever be tried
for a case based
658
00:37:25,326 --> 00:37:27,453
on memory alone.
659
00:37:29,789 --> 00:37:32,041
The whole repressed memory
theory strikes me
660
00:37:32,083 --> 00:37:36,587
- as voodoo psychology.
- That, I believe, is bogus.
661
00:37:38,297 --> 00:37:40,049
- Who did it?
- You know, unfortunately,
662
00:37:40,091 --> 00:37:42,051
there are child killers
all around
663
00:37:42,093 --> 00:37:44,637
and there are monsters
that-- that lurk.
664
00:37:45,805 --> 00:37:48,766
So some monster killed her,
but not George.
665
00:37:50,935 --> 00:37:52,561
That's not a burden
on the defense
666
00:37:52,603 --> 00:37:54,939
to point to the true killer,
however...
667
00:37:54,981 --> 00:37:58,693
there was some bad person
in the neighborhood
668
00:37:58,734 --> 00:38:01,612
at that time trying
to inveigle little kids
669
00:38:01,654 --> 00:38:04,949
into his vehicle,
apparently with a gun.
670
00:38:05,992 --> 00:38:08,536
The police focused
on someone like that
671
00:38:08,577 --> 00:38:10,413
in the initial investigation,
672
00:38:10,454 --> 00:38:13,040
and that seemed to me to ring
more true than someone saying,
673
00:38:13,082 --> 00:38:15,293
"I repressed the memory and
here's how it really happened."
674
00:38:15,334 --> 00:38:18,296
I mean, that was a bona
fide suspect. That was real.
675
00:38:24,010 --> 00:38:27,430
On the day that Susan
was abducted,
676
00:38:29,724 --> 00:38:32,643
my buddy and I were
crossing guards.
677
00:38:32,977 --> 00:38:36,856
You got a hat and you
got a sash and a badge,
678
00:38:38,107 --> 00:38:40,818
and we got to leave the class
a couple of minutes before
679
00:38:40,860 --> 00:38:43,446
the bell rang so we could
get out to get
680
00:38:43,487 --> 00:38:45,823
the kids safely across
the street.
681
00:38:49,869 --> 00:38:52,163
We saw a blue station wagon
682
00:38:52,204 --> 00:38:56,208
and it had cardboard all taped
inside of the windows.
683
00:38:57,501 --> 00:39:00,588
And we thought, well,
there is something suspicious.
684
00:39:01,672 --> 00:39:04,342
So we decided to ride
alongside of it
685
00:39:04,383 --> 00:39:06,510
and see who the driver was.
686
00:39:09,013 --> 00:39:12,475
And as we approached it,
it was speeding away.
687
00:39:13,976 --> 00:39:17,229
We chased it for a half a block
or so and picked up
688
00:39:17,271 --> 00:39:20,191
the license plate, by memory.
689
00:39:20,232 --> 00:39:24,862
Came back home,
told my mom about it.
690
00:39:26,364 --> 00:39:29,367
She, of course, dismissed
it like, you know, nine,
691
00:39:29,408 --> 00:39:32,870
ten-year-olds, you know,
telling stories, so to speak.
692
00:39:34,497 --> 00:39:36,123
Sometime in the night,
693
00:39:36,165 --> 00:39:38,959
people were calling around
trying to find Susan.
694
00:39:39,001 --> 00:39:42,713
And the call came in
to our house as well,
695
00:39:42,755 --> 00:39:44,423
like everybody else.
696
00:39:47,176 --> 00:39:50,554
The police knew that it wasn't
some fictitious story.
697
00:39:52,056 --> 00:39:54,975
We saw this car, and that was
the exact same description
698
00:39:55,017 --> 00:39:58,729
that several adults gave at
about the same time as well.
699
00:40:00,898 --> 00:40:05,361
We are using the information
we received Friday
700
00:40:05,403 --> 00:40:06,904
from another nine-year-old girl.
701
00:40:06,946 --> 00:40:08,906
The description of the vehicle,
702
00:40:08,948 --> 00:40:11,867
it occurred about
two blocks from
703
00:40:11,909 --> 00:40:13,786
the home of this missing girl.
704
00:40:13,828 --> 00:40:16,789
And we're-- yes, we're tying
them together
705
00:40:16,831 --> 00:40:19,500
as a possible suspect vehicle.
706
00:40:19,875 --> 00:40:23,129
On the Friday before
Susan's disappearance,
707
00:40:23,170 --> 00:40:27,216
one of Susan's classmates
described that she had seen
708
00:40:27,258 --> 00:40:31,637
a man in a blue station wagon
driving slowly by.
709
00:40:32,680 --> 00:40:36,142
She testified that
the man had stopped
710
00:40:36,183 --> 00:40:38,227
and had talked to her
711
00:40:38,269 --> 00:40:40,980
and tried to get her to get
into the station wagon.
712
00:40:41,021 --> 00:40:44,400
He had opened the door and
there were some dolls in there.
713
00:40:44,442 --> 00:40:46,944
And she also saw a gun.
714
00:40:46,986 --> 00:40:49,029
No one in the area had
715
00:40:49,071 --> 00:40:52,158
a vehicle that fit
that description.
716
00:40:52,199 --> 00:40:56,537
So the talk of who would have
been the kidnapper
717
00:40:56,579 --> 00:40:59,623
was a lot about who is this
guy that was driving
718
00:40:59,665 --> 00:41:01,459
that blue station wagon.
719
00:41:13,846 --> 00:41:16,390
They found someone
in a blue station wagon.
720
00:41:16,432 --> 00:41:19,393
I don't know if it was
the blue station wagon.
721
00:41:19,810 --> 00:41:21,812
And there were
some weird circumstances
722
00:41:21,854 --> 00:41:23,564
around that as well.
723
00:41:24,064 --> 00:41:29,028
It was a gentleman that didn't
have any grandkids or kids,
724
00:41:29,069 --> 00:41:31,780
yet they found children's toys
725
00:41:31,822 --> 00:41:35,993
in the back of the station
wagon, which is obviously odd
726
00:41:36,035 --> 00:41:39,497
and not something that you
would expect to find.
727
00:41:39,538 --> 00:41:42,500
The gentleman, I believe
his name was Patterson.
728
00:41:42,541 --> 00:41:46,295
When they found the dolls
and children's toys
729
00:41:46,337 --> 00:41:48,297
in the back of the station
wagon,
730
00:41:48,339 --> 00:41:50,883
you know, it was front
page news.
731
00:41:52,468 --> 00:41:54,720
Patterson was due to
be arraigned here
732
00:41:54,762 --> 00:41:56,722
on charges
of attempted kidnapping
733
00:41:56,764 --> 00:41:59,517
and attempting to entice
a female juvenile into his car.
734
00:41:59,558 --> 00:42:01,185
He is being questioned about
735
00:42:01,227 --> 00:42:02,937
the disappearance
of Susan Nason,
736
00:42:02,978 --> 00:42:05,022
but he is not charged
in connection
737
00:42:05,064 --> 00:42:07,525
- with the Nason case.
- Foster City police say
738
00:42:07,566 --> 00:42:11,529
that at this point there
is no link between Patterson
739
00:42:11,570 --> 00:42:13,197
and the disappearance of Susan.
740
00:42:15,574 --> 00:42:19,453
Although there was a lot
of suspicion surrounding
741
00:42:19,495 --> 00:42:24,333
this gentleman, there was not
enough evidence to tie him
742
00:42:24,375 --> 00:42:29,213
to Susan Nason. And when
he was ultimately released,
743
00:42:30,256 --> 00:42:33,217
it was a bit of a blow
to the community
744
00:42:33,259 --> 00:42:35,177
because then everybody was
back to square one.
745
00:42:35,219 --> 00:42:38,556
Well, if it's not this guy,
746
00:42:38,597 --> 00:42:40,808
then who was it?
747
00:42:44,061 --> 00:42:46,021
It's been 21
years since
748
00:42:46,063 --> 00:42:48,524
the decomposed body of
eight-year-old Susan Nason
749
00:42:48,566 --> 00:42:51,902
was discovered in a remote area
of the San Francisco Peninsula.
750
00:42:51,944 --> 00:42:54,363
The crime remained a mystery,
but last fall,
751
00:42:54,405 --> 00:42:57,199
a witness stepped forward with
a sensational claim.
752
00:42:57,241 --> 00:42:59,410
Eileen Franklin-Lipsker
said she watched
753
00:42:59,451 --> 00:43:02,204
as her father first sexually
assaulted Susan Nason,
754
00:43:02,246 --> 00:43:04,331
then killed her.
755
00:43:04,373 --> 00:43:07,751
The Franklin case sounds like
a plot made for the movies.
756
00:43:07,793 --> 00:43:12,089
In fact, a movie deal and a book
are already in the works.
757
00:43:15,968 --> 00:43:18,262
You have, have you not,
been approached
758
00:43:18,304 --> 00:43:21,932
about movie rights
and/or book rights
759
00:43:21,974 --> 00:43:24,059
attendant to this case?
760
00:43:24,101 --> 00:43:26,270
Yes, I have been approached.
761
00:43:26,312 --> 00:43:29,857
- Is it movie rights?
- Is it book rights, or both?
762
00:43:30,816 --> 00:43:33,819
Oh, I've been approached
for both.
763
00:43:35,029 --> 00:43:39,992
Eileen started negotiating
book and movie deals
764
00:43:40,034 --> 00:43:43,829
- the minute it hit the press.
- By this time,
765
00:43:43,871 --> 00:43:45,623
the images
from the preliminary hearing
766
00:43:45,664 --> 00:43:48,292
where she's holding a rock up,
imitating her father,
767
00:43:48,334 --> 00:43:50,127
getting ready to kill
Susan Nason
768
00:43:50,169 --> 00:43:52,463
- were nationwide.
- Clips were out all over
769
00:43:52,504 --> 00:43:54,006
the country of that image.
770
00:43:56,967 --> 00:44:01,889
She was contacted by agents,
literary agents, movie agents,
771
00:44:01,930 --> 00:44:05,100
production companies,
authors, publishers.
772
00:44:05,142 --> 00:44:07,645
They were all over her.
773
00:44:10,773 --> 00:44:13,734
My intent, after all
774
00:44:13,776 --> 00:44:16,445
these producers were just
barraging me with calls
775
00:44:16,487 --> 00:44:19,782
and wouldn't leave me alone,
and I hired an attorney,
776
00:44:19,823 --> 00:44:22,326
was that any money that came
777
00:44:22,368 --> 00:44:25,079
as a result of what they
call my life rights,
778
00:44:25,621 --> 00:44:28,415
that this money would simply
go to charity.
779
00:44:28,457 --> 00:44:31,835
And I feel very comfortable
with it.
780
00:44:31,877 --> 00:44:33,796
And that was my intent.
781
00:44:33,837 --> 00:44:38,258
And my husband would like to...
782
00:44:39,718 --> 00:44:41,845
retain some of that money
783
00:44:41,887 --> 00:44:44,014
instead of giving it all
to charity.
784
00:44:44,056 --> 00:44:47,309
The first we heard of the book
and movie deal was before trial.
785
00:44:47,351 --> 00:44:49,728
And our view was it was
pretty explosive.
786
00:44:50,437 --> 00:44:53,399
Eileen had a financial interest
in the outcome of the case,
787
00:44:53,440 --> 00:44:55,192
because, of course,
if he was acquitted,
788
00:44:55,234 --> 00:44:57,236
her story would be worthless.
789
00:44:57,277 --> 00:44:59,822
Her story was only worth
something if he gets convicted.
790
00:45:01,198 --> 00:45:04,034
When a witness
has a financial interest
791
00:45:04,076 --> 00:45:08,706
in the outcome, it destroys
their credibility.
792
00:45:08,997 --> 00:45:11,417
It says you're in it
for the money,
793
00:45:11,458 --> 00:45:14,211
you're in it for the fame,
you're in it for the glory,
794
00:45:14,253 --> 00:45:16,130
you're not in it to see
the just result,
795
00:45:16,171 --> 00:45:18,215
you're in it to advance
your own interests.
796
00:45:18,257 --> 00:45:21,051
And of course, Eileen's
preposterous testimony
797
00:45:21,093 --> 00:45:23,387
was that she was going to give
all the money
798
00:45:23,429 --> 00:45:25,889
from the book to some
charitable organization.
799
00:45:25,931 --> 00:45:28,225
Very easy to say that before
the money comes in. Right?
800
00:45:28,267 --> 00:45:30,018
You can say
I'm going to give it
801
00:45:30,060 --> 00:45:31,729
to the Children's
Cancer Society,
802
00:45:31,770 --> 00:45:33,897
but then when the money
comes in after the trial,
803
00:45:33,939 --> 00:45:36,150
who knows what really
happens to it?
804
00:45:36,191 --> 00:45:38,152
- So, that was her cover story.
- Her cover story was,
805
00:45:38,193 --> 00:45:39,903
"Well, yeah, I signed
a book deal,
806
00:45:39,945 --> 00:45:41,572
but I wasn't going to
keep any money."
807
00:45:41,613 --> 00:45:44,533
I do not want to have any
financial gain
808
00:45:44,575 --> 00:45:46,034
from this at all.
809
00:45:46,076 --> 00:45:48,245
I simply want to protect myself
810
00:45:48,287 --> 00:45:51,415
from people writing unauthorized
accounts of my life
811
00:45:51,457 --> 00:45:54,251
and unauthorized accounts
in movies.
812
00:45:54,293 --> 00:45:56,295
And since these people are
chasing after me,
813
00:45:56,336 --> 00:45:59,923
I don't see what choice I have
but to get an attorney
814
00:46:01,216 --> 00:46:04,052
in order to protect me.
815
00:46:06,680 --> 00:46:08,724
Before I started writing
the book,
816
00:46:08,766 --> 00:46:12,102
Eileen and I talked about
whether she would help me
817
00:46:12,144 --> 00:46:15,355
or not, and she ended up
wanting to collaborate on
818
00:46:15,397 --> 00:46:19,109
a book, so she would write it
herself with another author.
819
00:46:19,151 --> 00:46:21,445
And that's not the sort
of book that I write.
820
00:46:21,487 --> 00:46:24,615
I write more journalistic
format where I'm not beholden
821
00:46:24,656 --> 00:46:26,784
to anybody as to how
the book turns out.
822
00:46:27,159 --> 00:46:29,453
So we went our separate ways.
823
00:46:33,665 --> 00:46:36,126
I'm investigating. I'm doing
my stuff, my research,
824
00:46:36,168 --> 00:46:37,836
trying to get the story.
825
00:46:38,420 --> 00:46:42,382
And I receive a tip
from a confidential source
826
00:46:42,424 --> 00:46:46,553
that she has
a misdemeanor conviction
827
00:46:46,595 --> 00:46:49,139
in San Jose.
828
00:46:52,351 --> 00:46:54,269
I remember it all.
829
00:46:54,728 --> 00:46:57,481
- I mean, we were close.
- We had gone through a lot.
830
00:46:57,523 --> 00:47:01,860
- We were pretty promiscuous.
- I mean, we were drug users.
831
00:47:01,902 --> 00:47:03,612
I mean, it was, you know--
832
00:47:03,654 --> 00:47:06,281
I knew what she was doing
for a living.
833
00:47:06,323 --> 00:47:09,284
I knew, you know, when
she was working
834
00:47:10,160 --> 00:47:12,496
for an escort company.
835
00:47:15,499 --> 00:47:19,336
- So I go down to San Jose.
- I go up to the clerk's office
836
00:47:19,878 --> 00:47:23,632
and I say, there's no way
that this file is open.
837
00:47:23,674 --> 00:47:26,093
I say, "Do you have a file
on Eileen Franklin?"
838
00:47:26,134 --> 00:47:27,845
"Yep. Here it is."
839
00:47:27,886 --> 00:47:30,347
- Look at it.
- There are the charges.
840
00:47:30,389 --> 00:47:33,851
There is a transcript
of the recording
841
00:47:34,309 --> 00:47:38,689
between Eileen and the cop
who busted her. And I say,
842
00:47:38,730 --> 00:47:41,859
"There's no way they're
going to let me copy this."
843
00:47:41,900 --> 00:47:43,944
So, I say,
"Can I copy this?"
844
00:47:43,986 --> 00:47:46,655
They say, "Yeah, there's a
copy machine right over there.
845
00:47:46,697 --> 00:47:48,448
Just costs you a dime."
846
00:48:33,035 --> 00:48:35,078
Were you
ever arrested?
847
00:48:35,120 --> 00:48:37,998
- Yes.
- For what?
848
00:48:39,458 --> 00:48:42,502
I was arrested for prostitution
849
00:48:42,544 --> 00:48:46,673
- and possession of cocaine.
- Prostitution.
850
00:48:46,715 --> 00:48:48,592
You became a prostitute.72260
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