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Case 1:20-cr-00330-PAE Document 424-3 Filed 11/08/21 Page 21 of 29
Pathways to False Allegations 115
fragmented memories with an individual’s self-concept and worldview, the
likelihood of altering m
Case 1:20-cr-00330-PAE Document 424-3 Filed 11/08/21 Page 19 of 29
Pathways to False Allegations 113
psychotic disorder, psychotic disorder due to a general medical condition,
substance-induced psyc
Case 1:20-cr-00330-PAE Document 424-3 Filed 11/08/21 Page 18 of 29
L12 J. Engle and W. O’Donobue
individuals, providing a novel and exciting environment that may be stim-
ulating to a person who is h
Case 1:20-cr-00330-PAE Document 424-3 Filed 11/08/21 Page 16 of 29
110 J. Engle and W. O'Donobue
When parsing these domains, it can be more clearly seen how BPD may
serve as a pathway for false alleg
Case 1:20-cr-00330-PAE Document 424-3 Filed 11/08/21 Page 17 of 29
Pathways to False Allegations 111
attention and revenge makes a false allegation of sexual assault. However,
when considering this
Case 1:20-cr-00330-PAE Document 424-3 Filed 11/08/21 Page 15 of 29
Pathways to False Allegations 109
to achieve power and pleasure, a false allegation of sexual assault might be
the means by which h
Case 1:20-cr-00330-PAE Document 424-3 Filed 11/08/21 Page 14 of 29
108 J. Engle and W. O'Donobue
that occurred while he or she was under the influence or while experienc-
ing the side effects of with
Case 1:20-cr-00330-PAE Document 424-3 Filed 11/08/21 Page 13 of 29
Pathways to False Allegations 107
Intoxication
As a prerequisite for this pathway, the consumption of intoxicating sub-
stances mu
Case 1:20-cr-00330-PAE Document 424-3 Filed 11/08/21 Page 12 of 29
106 J. Engle and W. O'Donobue
harder to remember whether any abuse may have occurred (as cited in
Loftus, 2003).
Indeed, there have
Case 1:20-cr-00330-PAE Document 424-3 Filed 11/08/21 Page 11 of 29
Pathways to False Allegations 105
In this situation, the controversy is not whether sexual content occurred but
whether consent for
Case 1:20-cr-00330-PAE Document 424-3 Filed 11/08/21 Page 10 of 29
104 J. Engle and W. O'Donobue
Denial of Consent
A key issue in sexual assault is whether consent was given for the sexual
contact.
Case 1:20-cr-00330-PAE Document 424-3 Filed 11/08/21 Page 8 of 29
102 J. Engle and W. O'Donobue
course of 1 year in which all three men were charged with rape and pub-
licly vilified. The lacrosse se
Case 1:20-cr-00330-PAE Document 424-3 Filed 11/08/21 Page 9 of 29
Pathways to False Allegations 103
For the purposes of our paper, we will define the term false allegations
as either knowingly fabri
Case 1:20-cr-00330-PAE Document 424-3 Filed 11/08/21 Page 7 of 29
Pathways to False Allegations 101
The determination that a report of sexual assault is false can be
made only if the evidence establ
Case 1:20-cr-00330-PAE Document 424-3 Filed 11/08/21 Page 6 of 29
100 J. Engle and W. O'Donobue
movement (Spohn & Horney, 1992). As a result, the nation underwent sig-
nificant changes in the legal h
Case 1:20-cr-00330-PAE Document 424-3 Filed 11/08/21 Page5of 29
Pathways to False Allegations 99
but not sufficient conditions for false allegations. There is no psychologi-
cal diagnosis that alone
Case 1:20-cr-00330-PAE Document 424-3 Filed 11/08/21 Page 3of 29
Routledge
Journal of Forensic Psychology Practice, 12:97-123, 2012 g
Fs Taylor & Francis Group
Copyright © Taylor & Francis Group, L
ase 1:20-cr-00330-PAE Document 424-3 Filed 11/08/21 Page2of29 ;
; Routledge
Taylor & Francis Group
Journal of Forensic Psychology Practice
ISSN: 1522-8932 (Print) 1522-9092 (Online) Journal homepag
Case 1:20-cr-00330-PAE Document 424-3 Filed 11/08/21 Page 1 of 29
Exhibit C
DOJ-OGR-00006269
Case 1:20-cr-00330-PAE Document 424-2 Filed 11/08/21 Pageiof1
Exhibit B
(Under Seal)
DOJ-OGR- 00006268
Case 1:20-cr-00330-PAE Document 424-1 Filed 11/08/21 Page11of15
Comey, Moe, Pomerantz and Rohrbach
November 1, 2021
Page 10
Dissociation: Dissociation is ‘the lack of the normal integration of thoug
Case 1:20-cr-00330-PAE Document 424-1 Filed 11/08/21 Page 12 of 15
Comey, Moe, Pomerantz and Rohrbach
November 1, 2021
Page 11
Hunt and Bull (2012) reviewed signs that can be used to differentiate t
Case 1:20-cr-00330-PAE Document 424-1 Filed 11/08/21 Page 10of 15
Comey, Moe, Pomerantz and Rohrbach
November 1, 2021
Page 9
with BPD to believe he or she is a victim of sexual assault. Previous res
Case 1:20-cr-00330-PAE Document 424-1 Filed 11/08/21 Page9of15
Comey, Moe, Pomerantz and Rohrbach
November 1, 2021
Page 8
can arise when it was reasonable to believe consent was given but the allege
Case 1:20-cr-00330-PAE Document 424-1 Filed 11/08/21 Page /7of15
Comey, Moe, Pomerantz and Rohrbach
November 1, 2021
Page 6
halo effects when making diagnoses of psychopathology, such that symptoms
Case 1:20-cr-00330-PAE Document 424-1 Filed 11/08/21 Page 8of15
Comey, Moe, Pomerantz and Rohrbach
November 1, 2021
Page 7
American Psychiatric Association, Diagnostic and Statistical Manual of Ment
Case 1:20-cr-00330-PAE Document 424-1 Filed 11/08/21 Page 6of15
Comey, Moe, Pomerantz and Rohrbach
November 1, 2021
Page 5
hindsight, labeled “grooming” or otherwise imputed as knowledge to onlooker
Case 1:20-cr-00330-PAE Document 424-1 Filed 11/08/21 Page5of15
Comey, Moe, Pomerantz and Rohrbach
November 1, 2021
Page 4
Moreover, grooming has no consistent definition, and concerns have been rais
Case 1:20-cr-00330-PAE Document 424-1 Filed 11/08/21 Page 3of15
Comey, Moe, Pomerantz and Rohrbach
November 1, 2021
Page 2
described with confidence, detail, and emotion, just like true memories. Th
Case 1:20-cr-00330-PAE Document 424 _ Filed 11/08/21 Page 40 of 41
does not share the defense’s view of the law, to the extent the Court accepts that view, Dr. Loftus
and Dr. Dietz should be excluded
Case 1:20-cr-00330-PAE Document 424-1 Filed 11/08/21 Page1of15
Exhibit A
DOJ-OGR-00006253
Case 1:20-cr-00330-PAE Document 424 _ Filed 11/08/21 Page 38 of 41
is a tautology that someone who has a false memory—that is, unknowingly misremembers
something—believes it to be accurate. Otherwise
Case 1:20-cr-00330-PAE Document 424 Filed 11/08/21 Page 36 of 41
School of Social Ecology, https://faculty.sites.uci.edu/eloftus/ (“[Dr. Loftus’s] experiments reveal
how memories can be changed by th
Case 1:20-cr-00330-PAE Document 424 Filed 11/08/21 Page 35of41
about the bases or details of Dr. Loftus’s opinion—it simply states that she is testifying “[b]ased
on her education, training, experien
Case 1:20-cr-00330-PAE Document 424 Filed 11/08/21 Page 34 of 41
under Rule 403. /d. at *6 (citing cases); see also Heine, 2017 WL 5260784, at *2 (excluding expert
testimony under Rules 702 and 403 u
Case 1:20-cr-00330-PAE Document 424 Filed 11/08/21 Page 33 of 41
More recently, federal courts have been more receptive to allowing expert testimony
beyond general principles of human recall on a cas
Case 1:20-cr-00330-PAE Document 424 _ Filed 11/08/21 Page 31 of 41
(affirming district court’s exclusion of expert testimony on memory and perception, including the
impact of stress on memory, in con
Case 1:20-cr-00330-PAE Document 424 Filed 11/08/21 Page 30 of 41
2. “[Hlow memory becomes more vulnerable to contamination.”
3. “[T]he mechanism by which false and/or distorted memories can be creat
Case 1:20-cr-00330-PAE Document 424 _ Filed 11/08/21 Page 29 of 41
widespread or general acceptance, or are otherwise reliable. See Daubert, 509 U.S. at 593-95, 592
&n.10. Accordingly, unless the def
Case 1:20-cr-00330-PAE Document 424 _ Filed 11/08/21 Page 28 of 41
such an opinion is irrelevant and should be precluded for lack of fit with the facts of the case. See,
e.g., LVL XII Brands, Inc., 2
Case 1:20-cr-00330-PAE Document 424 _ Filed 11/08/21 Page 26 of 41
creates a predicate that a witness has a condition creating such a “pathway.” And even then, as
described above, it is likely that s
Case 1:20-cr-00330-PAE Document 424 _ Filed 11/08/21 Page 25 of 41
not reliable. The article that Dr. Dietz relies on—in fact “nearly verbatim” (Ex. A at 7)—was
intended as a research agenda to expla
Case 1:20-cr-00330-PAE Document 424 Filed 11/08/21 Page 24 of 41
91, 101 (2d Cir. 2001) (“[ T]he district court should not admit testimony that is directed solely to
lay matters which a jury is capab
Case 1:20-cr-00330-PAE Document 424 _ Filed 11/08/21 Page 20 of 41
subject were disbelieved. Her knowledge and intent are no different if she participated in the
conspiracy due to the Halo effect or
Case 1:20-cr-00330-PAE Document 424 _ Filed 11/08/21 Page19 of 41
parties can argue in closing arguments.” deWit v. UPS Ground Freight, Inc., No. 16 Civ. 36, 2017
WL 5905575, at *2 (N.D. Fl. Jul. 25,
Case 1:20-cr-00330-PAE Document 424 Filed 11/08/21 Page18 of 41
knowledge at some point in time before the trial. If a psychiatrist can testify as an expert that the
jurors should second-guess their
Case 1:20-cr-00330-PAE Document 424 Filed 11/08/21 Page17 of 41
benefit of hindsight with what was known at the time. But this commonplace truth does not need
testimony from a psychiatric expert.
Th
Case 1:20-cr-00330-PAE Document 424 _ Filed 11/08/21 Page16 of 41
proxy”—a term that Dr. Rocchio does not employ and that the defense has attempted to inject into
the case—is not supported by the lit
Case 1:20-cr-00330-PAE Document 424 Filed 11/08/21 Page15of41
leave to the jury whether such behaviors occurred in this case. Dr. Dietz is free to tell the jury that,
in his view, assessing whether g
Case 1:20-cr-00330-PAE Document 424 Filed 11/08/21 Page14 of 41
That opinion is only one of those noticed by the defense, however. The defense expert
notice includes four other sets of opinions that