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The International Journal of Clinical and Experimental Hypnosis 1984, Vol. XXXII, No. 2, 102-117 DIFFICULTIES DIAGNOSING THE MULTIPLE PERSONALITY SYNDROME IN A DEATH PENALTY CASE RALPH B. ALLISON' Morro Bay, California Abstract: The problems involved in diagnosing the multiple personality syndrome in a rape-murder suspect are illustrated by the case of Kenneth Bianchi and the Hillside Stranglings. Hypnotic investigations of his amnesia revealed "Steve," who admitted guilt for the rape-murders. "Billy' later emerged, claiming responsibility for thefts and forgeries. Attempts to evaluate Kenneth Bianchi with methods used in therapy yielded an original opinion that he was a multiple personality and legally insane. Later events showed the diagnosis to be in error. A new diagnosis was made of atypical dissociative disorder due to the effects of the examining methods themselves. Warning is given that it may be impossible to determine the correct diagnosis of a dissociating defendant in a death penalty case. The diagnosis of the multiple personality syndrome is difficult enough in the case of clinical patients, with their extensive use of denial, repression, and dissociation. The difficulty is greatly compounded when the individual under consideration is charged with first degree murder and is facing the death penalty. Because of the rarity of the occurrence of the multiple personality syndrome in the general population, guidelines for diagnosis are based on samples of limited size (Allison, 1978; Coons, 1980). When faced with the question, the forensic psychiatrist has to view these guidelines in the context of the legal situation, with its many differences from the clinical setting (Allison, 1981). All these difficulties existed in the case of 27-year-old Kenneth Bianchi and the Hillside Strangler case (Schwarz, 1981). THE CRIMINAL CASES In the fall and winter of 1977-78, the nude bodies of' 10 women were found on various hillsides of Los Angeles County. All bad been raped and then strangled. Extensive police investigation failed to identify the killer or killers. On January 11, 1979, 22-year-old Karen Mandic and 27-year-old Dianne Wilder were raped and then strangled in a vacant house in Bellingham, Washington. Their clothed bodies were found in the Mandic car several hours after their friends notified police, since they had not reported to work on time. Immediate police investigation revealed physical evidence Manuscript submitted August 11, 1982; final revision received November 29, 1982. 'Reprint requests should be addressed to Ralph B. Allison, M.D., 3240 Main Street, Morro Bay, CA 93442. which led to the arrest, the following day, of Bianchi as the sole suspect. The Los Angeles Hillside Strangler Task Force was notified, and their detectives interviewed Bianchi, who had lived in the Los Angeles area when the 10 killings occurred in 1977-78. After their interrogation of him, the detectives did not consider him a likely suspect. When first questioned by his defense attorney, Dean Brett, Bianchi claimed to have been driving his car some distance from the crime scene when the victims were killed. When confronted with facts which made his alibi impossible to believe, he then claimed be had fabricated the story to fill in the gap in his memory for the time span in question. Brett called in the first forensic psychiatrist, Donald T. Lunde, M.D., from the Stanford School of Law. Lunde reported that Bianchi gave a history of repeated spells of amnesia since childhood and recommended calling in someone experienced in the use of forensic hypnosis. John G. Watkins, Ph.D., Professor of Psychology at the University of Montana, was called in by Brett. During Watkins's hypnotic interview, what appeared to be an alter-personality, "Steve," appeared, claiming responsibility for the 2 local killings and involvement in 9 of the 10 Los Angeles deaths. On March 30, 1979, the defense entered a plea of not guilty by reason of insanity, based on the possibility that Bianchi suffered from the multiple personality syndrome at the time of the offenses. Along with Charles W. Moffett, M.D., a Bellingham psychiatrist, the present author was appointed by the Court to examine the defendant, with specific instructions to determine whether or not he suffered from the multiple personality syndrome. Subsequently, the prosecution appointed Martin I Orne, M.D., Ph.D., Professor of Psychiatry at the University of Pennsylvania and Saul J. Faerstein, M.D., of the University of' Southern California Institute of Psychiatry and the Law, Los Angeles. EVALUATION STRATEGY Since I had identified my first multiple personality syndrome patient in 1972 (Allison, 1974), I had seen 48 other individuals who appeared to have the multiple personality syndrome, 40 females and 8 males. My forensic experience included court appearances in seven cases (involving five males and two females). The crimes involved were bank robbery, forgery (see Ashby, 1979), embezzlement, theft, assault, drunken driving (see Hawksworth & Schwarz, 1977), and arson. The arsonist was later convicted of two murders, but the multiple personality syndrome diagnosis was not offered as a defense in those trials (Allison & Schwarz, 1980, pp. 159-182). Thus, the Bianchi case was to be the first one I was involved with where the charge was murder, the maximum penalty death, and the only possible defense legal insanity based on a diagnosis of the multiple personality syndrome. After serious consideration of' my options, I decided that the only way I could determine if the multiple personality syndrome diagnosis was correct was to match Bianchi's performance against that of multiple personality syndrome patients I had known best (i.e., those who had been in long-term therapy with me). This meant asking Bianchi to act like a patient, even though he would not actually be in the patient role with me. I knew of no other way to secure his cooperation in doing the mental maneuvers I needed him to perform so that I could compare him with my patient sample. The areas to be compared were family and psychiatric history, performance on several hypnotic procedures, and certain psychological tests. I knew there was a risk in approaching Bianchi in the forensic setting as a pseudo-patient, when I was not under contract to be his therapist, but I saw no other way to accomplish the task for which I had been appointed. Prior to my first visit to Bellingham, I asked Brett to tell Bianchi to have ready some questions he wanted answered regarding a specific period of his childhood, in order to give me a logical reason to use hypnotic age regression, my main therapeutic modality for multiple personality syndrome. Also, the Minnesota Multiphasic Personality Inventory (MMPI; Dahlstrom & Welsh, 1960) had already been given to Bianchi on April 9, 1979. I asked John Johnson, a psychiatric social worker assisting Brett, to give Bianchi a California Psychological Inventory (CPI; Gough, 1964) before my arrival. Further CPls were completed in June, 1979 by Bianchi and his two "alter-personalities."2 The clinical examination was carried out in two separate visits, one in April and one in June of 1979, each lasting 1.5 days.3 After the April visit, Bianchi was seen again by Watkins for further hypnosis and Rorschach testing. Bianchi was also seen by Orne, Faerstein, and Moffett before my second visit. THE APRIL, 1979 INTERVIEWS Structure The first several hours were devoted to obtaining a detailed history and listening to the reactions Bianchi expressed to the interview with Lunde. Lunde had noted the discrepancy between Bianchi's view of his mother as a saint and the documented history of her maternal psychopathology. While discussing his feelings about her, Bianchi willingly played the patient role, thus cooperating in my plan. He also admitted to a history of senseless lying to his wife, but claimed that he would do his best to give us the true facts as he knew them, with so much at stake. Per my prior 2These tests were computer scored by Behaviordyne, Inc. of Palo Alto, CA. 3A transcript of the videotaped clinical examination which took place in April and May of 1979 has been deposited with the National Auxiliary Publications Service (NAPS). For 255 pages, order Document No. 04181 from NAPS % Microfiche Publications, P. 0. Box 3513, Grand Central Station, New York, NY 10163. Remit in advance in U S. funds only, $78.25 for photocopies or $4.00 for microfiche, and make checks payable to Microfiche Publications -NAPS. Outside the United States and Canada, add postage of $28. 00 for photocopies, $1.50 for microfiche postage. instructions to Brett, he asked to know what important events had happened at age 8 when he had lived on Villa Street in Rochester, New York. I then explained the use of ideomotor signals to help answer his question. The second session of the day began with ideomotor signals under hypnosis, which indicated that the ages of 9 and 13 were significantly related to the current problems. Regression to age 9 was accomplished, then progression to age 13. With progression to age 27, the criminal entity "Steve," emerged. I then called on Ken to replace "Steve." Dehypnotizing Ken did not seem necessary. Next, I used ideomotor signals to determine if there were any other entities besides Ken and "Steve" and received a negative answer. Then I suggested that Bianchi might have a dream that night which would help him learn to cope with "Steve." (I did this because Watkins had already suggested that Ken would have increasing awareness of "Steve" but not what he was to do with that awareness.) I suggested that he use "the highest elements of helping power inside [his] mind," in an attempt to activate an Inner Self Helper, which has been of great help to the victims of the multiple personality syndrome (Peters & Schwarz, 1978). The following morning, he reported a dream of being with a twin brother, "Sticks," at one age, then with him again at an older age, when the twin was called "Steve Walker." Next, I asked Bianchi to conduct a dialogue with "Steve" as if he were talking to him on the telephone. This he did, speaking only as Ken but never as "Steve." Results 1. Regression to age 9. Bianchi remained in a trance-like state, talking in the present tense. He did not behave as a conscious 9-year-old boy, in a state of revivification, as many multiple personality syndrome patients do. He reported his best friend to be Billy Thompson, the boy next door. Only when I asked if he ever hid inside his head did he mention talking there to "Steve Walker, my second best buddy." This reportedly occurred while he was hiding under his bed to escape his mother's wrath when she was very angry with his father for gambling too much. 2. Regression to age 13. This time Bianchi told of arguing by neighbors and between his parents, sneaking out to visit school buddies, and "Stevie" trying to talk him into running away from home. Only after I asked about the biggest problem that year did he mention his father's sudden death at work. No mention was made of any new personality being created thereby, as I had expected. 3. Appearance of "Steve." "Steve" was seen in full bloom, out of trance. He was very crude and nasty, using the word "fuck" in every sentence. He lunged at Johnson, who was operating the video camera behind my right shoulder. He talked about Ken in the third person, constantly putting him down. He freely admitted to strangling the two local victims cause I hate fuckin' cunts." He committed the crime, he said, to get Ken out of the way, so that he could control the body full-time. He further admitted to killing four of the Hillside Strangler victims and watching his cousin, Angelo Buono, kill the other five victims. He denied there were any others like him inside Ken. When I called for Ken and put my hand in front of his forehead, "Steve" slumped into his chair and was replaced by a very tired Ken. 4. "Telephone" conversation with "Steve." Ken talked to "Steve" about childhood friends in Rochester, a psychological clinic evaluation done at age 9, and the two local killings. Ken appeared to know "Steve," accept his existence, and know that "Steve," who considered himself above the law, had committed the murders. Ken, in contrast, considered himself a law-abiding citizen who knew it was wrong to kill. THE JUNE, 1979 INTERVIEWS Goals Since April, 1979, Bianchi had been hypnotized by Watkins and was seen by Orne. Information from Los Angeles indicated Bianchi had secured fake diplomas as a psychologist, using the name "Thomas Steven Walker," but giving a mailing address of "% Mrs. K. Bianchi." He had rented a psychologist's office in the evenings and had passed out professional cards at the title company where he worked. Numerous items found in Bianchi's apartment in Bellingham were found to have been stolen from a store where he had worked as a security guard. None of this could have been explained by the existence of "Steve," the killer. The videotape of Orne's "hypnotic" session with Bianchi showed Orne telling "Steve" that he, Orne, could not believe "Steve" had been interested in working in a title company. Orne asked "Steve" if he were aware of another part within him that Ken did not know about. Following "Steve's" denial, "Steve" was replaced by a crying 9-year-old "Ken," who was followed by a 14-year-old "Billy." who admitted responsibility for the false diplomas, the psychologist role-playing, and the various thefts. When Orne asked if there was a higher level source of information present, Bianchi nodded in the, affirmative, but he refused to talk to Orne in that mode. Therefore, my goals in the second trip to Bellingham were to interview "Billy" and to talk to that higher source of knowledge. I had a long list of questions for both of them. Structure The first several hours were spent trying to get Bianchi's cooperation in these tasks, as lie claimed he had amnesia for all the material he had produced during the various hypnotic sessions, and he was tired of seeing those sessions first reported in the newspaper. He appeared quite depressed and claimed to have tried to hang himself after his interview with Faerstein. The second period was spent getting handwriting samples and questioning the Inner Self Helper, the higher source of' knowledge. Many answers were quickly and clearly provided by "Ken's friend," as this entity called itself. I then asked Ken to enter into a dialogue with "Billy," which he could not do. I called out "Billy," secured his handwriting samples, and then asked him to initiate a dialogue with Ken. I could hear both voices this time. Ken then carried on a dialogue with "Steve." Finally, "Billy" came out to take the CPI. During the third period, Bianchi made pictures of the faces of "Billy" and "Steve," using the Identi-Kit, under the supervision of Detective Fred Nolte. Then I called out "Steve" and persuaded him to take the CPI. The test booklet was left with Johnson so Ken could take that test again, also. Results To reach "Ken's friend," I had to appeal to that part of Ken's mind that had refused to talk to Orne. He initially talked in the first person and then switched to the third person in referring to Ken. After one question of his own, Ken asked me to give the questions. He told of "Steve's" beginning, of his killing, and pimping in Los Angeles. "Billy" was defined as "a source of secrets, of denial of facing up to the facts," having been created when Ken went daily to his father's casket prior to burial. "Billy" and Ken were co-conscious, while Ken was amnesic for all "Steve" did. "Billy" was the thief and pretended to be a psychologist as a new way to meet people. "Steve's" emotions were "anger, hate, and violence, while 'Billy's' were non-violent, such as deceit." A week after Bianchi had been infected with gonorrhea by his wife, who claimed to have been raped while on vacation, "Steve" had killed the first of the Los Angeles victims, a prostitute. Bianchi's feeling of being betrayed was considered by Brett and Johnson to be a logical motive for this first murder. But "Ken's friend" denied the psychological connection, explaining that the physical weakness resulting from the infection had left Ken defenseless against "Steve's" coming out. "Billy" appeared to be a shy, quiet, 14-year-old boy, who now wanted to cooperate with Ken in dealing with "Steve." He took the CPI quickly calmly and cooperatively When "Steve" and Ken spoke together this time, I could hear both voices while they talked of "Steve's" plan to send the coat and scarf of one of the local victims to cousin Buono. Bianchi reported that talking to "Steve" left him with a chill at the end of his spine, but he was comfortable talking with "Billy." While making the Identi-Kit pictures, Bianchi repeatedly closed his eyes and appeared to visualize each face inside his head, carefully correcting the features to his satisfaction. Neither picture looked at all like Bianchi, and both matched the personality characteristics seen on interview. When "Steve" returned to take the CPI, he was initially quite resistant, but he finally gave in, expending much energy in foot shuffling and pencil jabbing. PSYCHOLOGICAL TEST RESULTS The Behaviordyne computer reports a series of diagnoses in the order of preference. Both the MMPI and CPI scales can be run off using the CPI answer sheets. 1. MMPI taken by Ken on April 9, 1979. Preferred diagnosis; psychoneurosis, hysteria, dissociation reaction, consisting of sudden episodes of unaccustomed behavior, related to hysterical acting out, possibly with true amnesia. 2. CPI taken by Ken in April, 1979. Preferred diagnosis: personality with risk of a drinking problem. Second diagnosis: personality trait disorder, dissociating (hysterical) personality with sociopathic and passive aggressive features, emotional instability, and unpredictable (hysterical) acting out of unconscious impulses. 3. CPI taken by Ken in June, 1979. Preferred diagnosis: personality pattern disorder, paranoid personality, with passive hostile behavior. 4. CPI taken by "Billy" in June, 1979. Preferred diagnosis: personality trait disorder, dissociating [hysterical] personality. 5. CPI taken by "Steve" in June, 1979. Preferred diagnosis: psychosis, schizophrenia, paranoid type, with aggressive hostile behavior. FORENSIC CONCLUSIONS Following my April evaluation of Bianchi, I had reported to the Court that Bianchi suffered from the multiple personality syndrome, was legally insane at the time of the offenses, and because of the amnesia for the time period of the offenses, was unable to stand trial. After my June evaluation, I concluded that he was now able to stand trial, but my other opinions remained the same. I submitted 124 pages of reports detailing the data which supported the diagnosis of multiple personality syndrome. Space limitations prevent me from repeating any more of that material here. He was also believed to be insane by Lunde, Moffett, and Watkins. Both Faerstein and Orne considered him sane. With this split opinion, Bianchi agreed to a plea bargain in which lie would plead guilty to 2 counts of first degree murder in Washington and to 5 counts of first degree murder in California in exchange for his testimony against Buono. On October 18, 1979, Bianchi was sentenced to 2 consecutive life terms in Washington. On October 22, 1979, he was sentenced to 6 concurrent life terms in California. Buono had been arrested on October 19, 1979 and is currently on trial for 10 counts of first degree murder. Bianchi has been the prim(, prosecution witness against him, but his stories keep changing, and no one can tell what version he is going to relate the next time he testifies. ++++++ M. F. Abernathy -- [[EMAIL PROTECTED]] -- 04/05/02 <A HREF="http://www.ctrl.org/">www.ctrl.org</A> DECLARATION & DISCLAIMER ========== CTRL is a discussion & informational exchange list. Proselytizing propagandic screeds are unwelcomed. Substance—not soap-boxing—please! These are sordid matters and 'conspiracy theory'—with its many half-truths, mis- directions and outright frauds—is used politically by different groups with major and minor effects spread throughout the spectrum of time and thought. That being said, CTRLgives no endorsement to the validity of posts, and always suggests to readers; be wary of what you read. CTRL gives no credence to Holocaust denial and nazi's need not apply. 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