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Case 1:20-cr-00330-PAE Document 499 _ Filed 11/23/21 Page 23 of 28
Admission of expert testimony rests with the discretion of the court. Exclusion of expert
testimony, especially regarding the reliability of eyewitness testimony, has been deemed error
resulting in reversals. See, e.g., supra note 5 & cases cited infra. The admission of expert
testimony on the subject of memory, especially in sex abuse cases, has been prominent in state
court, where most prosecutions regarding sex-based offenses are brought. In the last decade, for
example, Dr. Loftus has given expert testimony regarding memory science in numerous sex
abuse cases:
People v. Weinstein (NY Cty, NY 2020)
People v. Heely (San Fernando, CA 2019)
People v. Dudley (Orange Cty, CA 2018)
State v. Ross (Douglas Cty, Neb 2017)
State v. Howard (Douglas Cty, Neb 2017)
Doe v. Hosey (Spokane Cty, WA (2016)
People v. Armstrong (Broomfield Cty, CO 2016)
GM vy. LAUSD (Los Angeles, CA 2015)
People v. Martinson (Denver Cty, CO 2014)
State v. Carson (Tulsa Cty, OK 2013)
People v. Manzanares (Broomfield Cty, CO 2013)
People v. Barreto (Monterey Cty, CA 2012)
People v. Tortorelli (San Bernardino Cty, CA 2011)
People v. Wellen (Orange Cty, CA 2011)
People v. Borbon (Orange Cty, CA 2011)
Dr. Loftus’s testimony is based on decades of social science research that she personally
conducted as well as upon the body of scientific research and literature in the field of memory
science. In contrast, Dr. Rocchio relies on literature of others, mostly non-identified and some
that do not support the science of grooming, and upon anecdotal reporting by patients engaged in
talk therapy.
Although Dr. Rocchio is not an expert on memory or neuroscience (as she admitted at her
Daubert hearing, Ex. 2, p 121), the government intends to have her testify about the impact of
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| Filename | DOJ-OGR-00007488.jpg |
| File Size | 663.7 KB |
| OCR Confidence | 94.2% |
| Has Readable Text | Yes |
| Text Length | 1,862 characters |
| Indexed | 2026-02-03 17:23:54.668158 |