Magicians Expose 'Junk Science' in Death Row Case

Magicians Penn & Teller have filed a brief with the Supreme Court to support an appeal from Charles Flores, a Texas man facing a death sentence. They argue that the conviction was tainted by "junk science" specifically "investigative hypnosis" used on a key witness. The witness initially failed to identify Flores, a Hispanic man with short hair, after describing two White men with long hair. Later, after a hypnosis session that included leading questions, she became 100% certain of Flores' guilt.

Flores' legal team contends his trial was irreparably harmed by this flawed procedure and official misconduct. The Supreme Court had previously declined to hear Flores' appeals in 2021 and 2022. Prosecutors argue that Flores is recycling old claims, while his attorneys assert they are presenting new information and a "new consensus in the scientific study of eyewitness memory."

Texas passed a law in 2013 to address wrongful convictions due to discredited science, but state courts have not favored death-sentenced prisoners invoking it. The Supreme Court is expected to decide by June 15, 2026, whether to hear Flores' latest appeal.