Seattle Times special report: Twisted ethics of an expert witness
By Ken Armstrong and Maureen O'HaganSeattle Times staff reporters
June 25, 20011
Earlier this year, a four-page document with a bland title, "Stipulation for Dismissal with Prejudice," was filed in a civil matter percolating on the King County Courthouse's ninth floor. Hardly anyone took notice. Most everyone had moved on.
But that document — filed by lawyers tangled up in the estate of Stuart Greenberg, a nationally renowned psychologist whose life ended in scandal — signaled the end of a tortuous undertaking.
Greenberg had proved such a toxic force — a poison coursing through the state's court system — that it took more than three years for lawyers and judges to sift through his victims and account for the damage done.
For a quarter century Greenberg testified as an expert in forensic psychology, an inscrutable field with immense power. Purporting to offer insight into the human condition, he evaluated more than 2,000 children, teenagers and adults. His word could determine which parent received custody of a child, or whether a jury believed a claim of sexual assault, or what damages might be awarded for emotional distress.
At conferences and in classrooms, in Washington and beyond, he taught others to do what he did. He became his profession's gatekeeper, quizzing aspirants, judging others' work, writing the national-certification exam. His peers elected him their national president.
But his formidable career was built upon a foundation of hypocrisy and lies. In the years since Greenberg's death, while court officials wrestled over his estate, The Seattle Times worked to unearth Greenberg's secrets, getting court records unsealed and disciplinary records opened.
Those records are a testament to Greenberg's cunning. They show how he played the courts for a fool. He played state regulators for a fool. He played his fellow psychologists for a fool. And were it not for a hidden camera, he might have gotten away with it.
In summer 1984, Cathy Graden, a 27-year-old surgical nurse from Woodinville, was summoned to King County Superior Court for an emergency hearing in her child-custody case.
Her lawyer said a psychologist's report was behind the hearing. But Graden wasn't allowed to read the report. Nor was she allowed in the courtroom while the psychologist testified.
The psychologist, Stuart Greenberg, had been hired to help resolve a custody dispute involving Graden's only child, a 4-year-old boy whose bright, goopy finger-paintings Graden taped up all over the house.
Although appointed by the court, Greenberg was paid by the parties. He had interviewed the boy and both parents, and run a half-dozen tests with impressive names (the Achenbach Child Behavior Checklist, the Michigan Screening Profile of Parenting ... ).
Graden figured she had nothing to fear. She taught Sunday school; she did volunteer work; she had taken care of her son when the boy's father moved to Alaska after the couple's divorce. "I thought there was no way I could possibly lose this," she says.
Greenberg had arrived in Seattle five years earlier, hired by the University of Washington. A letter written by the department chairman called Greenberg a "last-minute replacement" for a psychology professor who'd resigned. Greenberg's credentials "were on hand," because he'd applied for some other position.
His credentials were acceptable but not extraordinary. He had a Ph.D. from the University of Southern California, where his thesis was a word salad: "Stimulus and Response Generalization of Classes of Imitative and Non-imitative Behavior as a Function of Reinforcement, Task, Cues, and Number of Therapists." On Washington's psychology licensing test, one examiner marked Greenberg's professional judgment as "good," his knowledge and skills, "okay."
Teaching, Greenberg earned just $15,300 his first year. His second year, he was assigned only a single evening class. He left the university and moved into private practice. He picked up court appointments in Western Washington as a custody investigator, expert evaluator, arbiter, mediator, guardian ad litem, special master. He became enmeshed in the court system, buddying up to lawyers, judges, fellow experts.
On the stand, he radiated confidence. "He was just kind of a notch above the rest of us," says Nick Wiltz, a fellow forensic psychologist. "He was able to present reports and information in a very powerful way."
But Greenberg also demonstrated dubious judgment and a cavalier attitude toward his ethical obligations, which forbade even the appearance of a conflict of interest.
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