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Roark v. Commonwealth

90 S.W.3d 24 (2002)

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Roark v. Commonwealth

Kentucky Supreme Court

90 S.W.3d 24 (2002)

Facts

NT was sexually attacked and robbed by an intruder. Initially, NT remembered the attacker’s approximate height and weight and that he had white skin and light hair. NT could not recall whether the attacker had facial hair. NT was unable to identify anyone in police photos as her attacker. A few months later, NT had a hypnotherapist who was a family friend hypnotize her to try to remember more details about her attacker. During this session, for the first time, NT described her attacker as bald with a full beard. After the session, NT still could not identify anyone in police photos as her attacker. Almost a year after the attack, the police searched the residence of Franklin Roark (defendant) for unrelated reasons and found items stolen from NT during the attack. Roark was bald and had reportedly had a full beard at the time of the attack. When the police showed NT photos that included Roark, she immediately identified him as her attacker. NT also positively identified Roark’s voice from an array of voice recordings. At trial, NT’s posthypnotic identification of Roark was admitted as evidence. Roark was convicted and appealed. On appeal, Roark argued that NT’s posthypnotic identification and testimony should have been excluded.

Rule of Law

Issue

Holding and Reasoning (Cooper, J.)

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