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http://www.dissociation.com/index/published/bianchi.txt

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

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