Charles Don Flores: (Investigative hypnosis): Major (Really Neat) Development: World famous magicians Penn and Teller have filed an Amicus brief in support of the petition of the Texas death row inmate to have his case heard by the United States Supreme Court, calling the evidence used to convict him “junk science of the worst sort", noting that: "Days after the murder, the witness who ultimately identified Flores failed to pick him out in a photo array that contained his picture and helped create a composite sketch of the murderer that did not look at all like Flores. She claimed the murderer was thin with very long hair and was white, but Flores is Latino, and at the time of the murder he had short hair and was overweight. It was only after the witness underwent investigative hypnosis that she accused Flores. Flores’s codefendant confessed to the murder, was sentenced to thirty-five years in jail, and was released on parole in 2016. No physical evidence tied Flores to the crime scene, and he has maintained his innocence, claiming he was at home cooking breakfast with his wife at the time of the murder. The New York Times produced a short video about the case in 2025. Psychologist Elizabeth Loftus and others have shown that eyewitness memories of past events are often wrong and can easily be manipulated."

PASSAGE OF THE DAY: "In addition to Penn & Teller, an amicus brief in support of Flores was filed by the American Psychological Association, stating “as extensive psychological research has made clear, eyewitness identifications are often not accurate—and [m]istaken eyewitness identification is a primary contributor to criminal convictions of the innocent."

STORY: "Magicians Penn & Teller File Brief in Junk Science Death Row Case," by Stuart Vyse, published by The Skeptical Inquirer, on March 24, 2026. (Stuart Vyse is a psychologist and author of Believing in Magic: The Psychology of Superstition, which won the William James Book Award of the American Psychological Association. He is also author of Going Broke: Why Americans Can’t Hold on to Their Money. As an expert on irrational behavior, he is frequently quoted in the press and has made appearances on CNN International, the PBS NewsHour, and NPR’s Science.)

STORY; 'Magicians Penn & Teller File Brief in Junk Science Death Row Case by Stuart Vyse, published by The Skeptical Inquirer, on March 24, 2026.

GIST: "World famous magicians Penn & Teller have filed an amicus brief in Charles Flores was convicted of the 1998 murder of Betty Black based on the unreliable method investigative hypnosis.

 Days after the murder, the witness who ultimately identified Flores failed to pick him out in a photo array that contained his picture and helped create a composite sketch of the murderer that did not look at all like Flores.

 She claimed the murderer was thin with very long hair and was white, but Flores is Latino, and at the time of the murder he had short hair and was overweight. 

It was only after the witness underwent investigative hypnosis that she accused Flores. 

Flores’s codefendant confessed to the murder, was sentenced to thirty-five years in jail, and was released on parole in 2016. 

No physical evidence tied Flores to the crime scene, and he has maintained his innocence, claiming he was at home cooking breakfast with his wife at the time of the murder. The New York Times produced a short video about the case in 2025.

Psychologist Elizabeth Loftus and others have shown that eyewitness memories of past events are often wrong and can easily be manipulated.

 In the 1990s, there were several cases of false memories of satanic ritual abuse or childhood sexual abuse allegedly recovered under hypnosis, but many of those cases fell apart in court based on the unreliability of the recovered memories. 

Understanding this history, many states have prohibited the use of investigative hypnosis. Even Texas now bans the technique, but Flores was convicted before the law was changed and remains on death row.

In their brief to the Supreme Court, Penn & Teller explained that their “philosophical approach to both magic and skepticism draws heavily from the work of magician and truth-crusader James Randi” and described themselves as “honest liars.” 

They argued that “some of the same cognitive techniques [they] use on stage to trick audience members’ memory and alter their perception explain how the investigative hypnosis session induced [the witness] to abandon all previous descriptions of the suspect and instead point to Mr. Flores.”

In addition to Penn & Teller, an amicus brief in support of Flores was filed by the American Psychological Association, stating “as extensive psychological research has made clear, eyewitness identifications are often not accurate—and [m]istaken eyewitness identification is a primary contributor to criminal convictions of the innocent."

The entire story can be read at:

https://skepticalinquirer.org/exclusive/magicians-penn-teller-file-brief-in-junk-science-death-row-case/?fbclid=IwY2xjawQ6YhdleHRuA2FlbQIxMQBicmlkETFjTXRoUkJZa1NiT1dJUmplc3J0YwZhcHBfaWQQMjIyMDM5MTc4ODIwMDg5MgABHkh2IiDMRbwut3wProBZUp0YPiNaQXdekQY4NhYiL9ShkBID4SFJnbDAcPr3_aem_j_j7tVh263vtLWWxoSftdw

PUBLISHER'S NOTE:  I am monitoring this case/issue/resource. 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.   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;