Thursday, December 16, 2021

Ghislaine Maxwell: New York; On-going trial. "Dr Loftus has a long resume as a witness. Her extensive research on the fallibility of human memory has made her extremely useful to lawyers trying to discredit accusations, especially those that rely on years-old recollections. She has previously appeared as a defence expert for Harvey Weinstein, Robert Durst, OJ Simpson, and Ted Bundy." (Reporter Nathan Place: The Independent).


PASSAGE OF THE DAY: "On Thursday, Ms Maxwell’s attorneys quickly made use of Dr Loftus’ expertise. After a memory is first formed, she told the court, it can be corrupted by outside information or “suggestion.” “The media is a source of post-event suggestion,” Dr Loftus testified. The allegations against Ms Maxwell and Epstein have been heavily scrutinized by the news media, which the defence has been trying to use to its advantage. This is a running theme of the defense case, mentioned by Maxwell's attorney Bobbi Sternheim during opening statements."


-------------------------------------------------------


PASSAGE TWO OF THE DAY: "


"Another opening the defence is exploring is the amount of time that has passed since the events described by Ms Maxwell’s accusers, many of which took place in the 1990s."


----------------------------------------------------------------


STORY: "Ghislaine Maxwell trial: Defence questions 'false memory' expert, casting doubt on accusations," The Independent (Reporter Nathan Place) reports (on December 16, 2021).


SUB-HEADING: "One thing we know about memory is that it doesn't work like a recording device," says psychologist Elizabeth Loftus."


GIST: "As the trial of Ghislaine Maxwell continues, her lawyers have begun questioning a psychologist known for her expertise on “false memories”.


“One thing we know about memory is that it doesn’t work like a recording device,” Dr Elizabeth Loftus told the court, according to Law & Crime reporter Adam Klasfeld.


The defence will likely use Dr Loftus’ testimony to cast doubt on the accusations against Ms Maxwell and her former boyfriend, Jeffrey Epstein. Ms Maxwell has been charged with enabling Epstein for years as he sexually exploited underage girls. She denies the allegations and has pleaded not guilty.


Dr Loftus has a long resume as a witness. Her extensive research on the fallibility of human memory has made her extremely useful to lawyers trying to discredit accusations, especially those that rely on years-old recollections. She has previously appeared as a defence expert for Harvey Weinstein, Robert Durst, OJ Simpson, and Ted Bundy.


On Thursday, Ms Maxwell’s attorneys quickly made use of Dr Loftus’ expertise. After a memory is first formed, she told the court, it can be corrupted by outside information or “suggestion.”


“The media is a source of post-event suggestion,” Dr Loftus testified.


The allegations against Ms Maxwell and Epstein have been heavily scrutinized by the news media, which the defence has been trying to use to its advantage.


This is a running theme of the defense case, mentioned by Maxwell's attorney Bobbi Sternheim during opening statements.


Sternheim is questioning her now.


Another opening the defence is exploring is the amount of time that has passed since the events described by Ms Maxwell’s accusers, many of which took place in the 1990s.


On Thursday, Dr Loftus testified that memories have three phases: acquisition, when they are initially formed; retention, when the memory is kept; and retrieval, when someone or something asks for the memory to be recalled. That act of deliberately remembering something, the psychologist said, can change the memory itself.


“We are actually constructing our memories while we retrieve memories,” Dr Loftus told the court.


At one point, the defence seemed to be on the verge of declaring all memories unreliable.


“Outside the laboratory, is there a way to prove that someone had an actual memory?” one of Ms Maxwell’s lawyers asked.


“Objection!” the prosecution shot back. It was sustained."


The entire story can be read at:


https://www.independent.co.uk/news/world/americas/crime/ghislaine-maxwell-false-memory-witness-b1977599.html

PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic"  section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com.  Harold Levy: Publisher: The Charles Smith Blog;

FINAL WORD:  (Applicable to all of our wrongful conviction cases):  "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."
Lawyer Radha Natarajan:
Executive Director: New England Innocence Project;
—————————————————————————————————
FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions.   They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!
Christina Swarns: Executive Director: The Innocence Project;
-----------------------------------------------------------------------------
FINAL, FINAL, FINAL WORD: "It is incredibly easy to convict an innocent person, but it's exceedingly difficult to undo such a devastating injustice. 
Jennifer Givens: DirectorL UVA Innocence Project.