People v. Guerra

I concur.

In light of the facts related in the majority opinion, there is a substantial possibility that the victim’s testimony on penetration was “confabulated” in the police-conducted hypnosis session, and, given the unreliability of that evidence, I do not think that the rape convictions can stand. To the extent that the Shirley decision embodies the principle that testimony “created” in this type of hypnosis session is not sufficiently reliable to be admitted in a criminal trial, I agree that it establishes a rule that goes to the heart of the accuracy of the factfinding process and should…