Date:   Tue Mar 01 1994  18:59:16
From:   David Bloomberg
To:     All
Subj:   More on Bernardin Suit
SKEPTIC                        -------------------------------

As most of you probably know from the news by now, the suit against 
Cardinal Bernardin has been dropped.

Steven Cook brought a motion to dismiss the charges against Bernardin.  He said
in that motion, "the memories of sexual abuse by Cardinal Bernardin which arose
during and after hypnosis are unreliable."

According to an article in today's Chicago Tribune, "Bernardin accuser
retracts":

    "Key to the case was the testimony of Michele Moul, a Philadelphia
therapist who hypnotized Cook twice last fall after he sought help with
physical problems.
    Cook first recalled alleged abuse by Bernardin after his second 45-minute
hypnotic session.  He allegedly had another flashback later, while talking on
the telephone to a friend, attorneys said.
    But Moul, who is unlicensed and runs a graphic arts business, did not
document his memories before, after or during the session.  She did not tape
the session.
    State and federal courts require these safeguards to ensure the refreshed
memories are not tainted by the therapist.  Otherwise, the testimony can be
barred.
    Even if the testimony were to be admitted, defense attorneys had the
deposition of another of his therapists, who is regarded as an expert on
hypnotism.
    William C. Wester Jr. has worked for the FBI and the Bureau of Alcohol,
Tobacco and Firearms and has written a book on how to properly hypnotize a
patient so the testimony is admissible in court.
    Wester was Cook's therapist in the late 1970s until 1980, before he left
Cincinnati.  He hypnotized Cook on several occasions, and Cook apparently had
no recollections of abuse by Bernardin or Harsham, defense attorneys said.
    That left Cook's attorneys faced with an unpleasant prospect.  Their most
respected witness, Wester, would testify at trial about the correct way to
hypnotize a patient and that his hypnosis resulted in no refreshed memories by
Cook.
    Their witness with the shaky qualifications, Moul, would testify that she
followed none of Wester's safeguards, but that Cook nevertheless recalled
alleged abuse after hypnotic sessions."



