tion of forgetting to recol- lection error, as well as about the role that lack of confidence in one's memory plays in resisting false suggestions (Loftus, 1996; Rubin & Wenzel, 1996; Wickens, 1998; Wixted, 2004). There are legitimate con- cerns that delay can lead to increased guessing, schema- driven

ncounters, including as intensified in vulner- able individuals by debated clinical techniques (Bot- toms, Shaver, & Goodman, 1996; Lilienfeld, 2015; Loftus, 1996). Yet clinical and memory theories should also address the matter of enduring memories for genital touch actually experienced in childhood.

ildhood genital contact is paramount, with concerns about inac- curacies amplified when the adults have trauma histories (Conway, 2013; Howe, 2013; Loftus, 1996; Otgaar, Muds, Howe, & Merchkelback, 2017). Society is grappling with how to respond to such cases (D. A. Connolly, Chong, Coburn, & Lutgens

1500 hours • Licensure: national exam, in certain states have a state exam on laws or ethics, etc. • Reviewed draft Daubers motion for Dietz and Loftus: o LR thinks it's not necessarily right that it's hard to assess whether grooming has occurred, but it's right that it's difficult to predict wheth

ooming too. • Here, LR makes a point that DD is common, not making a specific claim about the relationship between DD and veracity • Rocchio and Loftus have another high-profile civil CSA case where they are opposing experts • Literature are examples that would be helpful, not intended to be artic

LR agrees that normal memory fades over time, can be fragmented, peripheral details can be distorted — central foundational principles of memory. o Loftus has introduced traumatic memories (e.g. dog attack) in a lab. Usually involves a trusted person, repetition, motivation. LR is not an expert on dece

OF DR. ELIZABETH LOFTUS SHOULD BE PRECLUDED 25 A. Background 25 B. Applicable Law 26 C. Discussion 30 I. Unobjectionable Opinions by Dr. Loftus 30 2. Commonsense Principles Within the Ken of the Jury 30 3. Opinions Bearing on Witness Credibility and Demeanor 31 4. Factual Narratives Abo

g that "the design of these surveys demonstrates their limited value." Libby, 461 F. Supp. 2d at 11. The court found that the survey design used in Loftus's article was "based primarily on hypothetical situations involving eyewitness identification and the credibility of eyewitnesses." Id. The court 1

11/30/21 Call with Gail Goodman • Loftus describes her work at a very high level (e.g. memory is malleable), but studies are contrived and artificial o In actual cases, people can have v.

memory of an enema in adults: no false memories. • Can't generalize across content • Content matters a lot more than Loftus would acknowledge • Loftus studies are often with students and student siblings. Nothing is at stake, so people use a low criterion for what they call a memory • Not saying t

d picture • Loftus has a study involving a training camp in Washington State run by a psychiatrist/psychologists experimenting with water boarding Loftus set up situations where they interrogated a soldier with a bright light shining at them/people shout questions. Later suggest a different person di

s read literature about it • Can create a little false memory with evidence a person's mom said something happened and a photoshopped picture • Loftus has a study involving a training camp in Washington State run by a psychiatrist/psychologists experimenting with water boarding Loftus set up situat

ual abuse even if it happened many years before o She publishes on this topic • Had not heard but surmised that the defense was calling Loftus o Loftus and Goodman have a history of disagreeing on certain points. Loftus once said that Goodman thinks memory is more accurate than Loftus does, and Goo

this topic • Had not heard but surmised that the defense was calling Loftus o Loftus and Goodman have a history of disagreeing on certain points. Loftus once said that Goodman thinks memory is more accurate than Loftus does, and Goodman thinks Loftus is right o Loftus's work: artificial, methodolog

it someone else. Latter exists in coercive control literature. • Does not use the term grooming by proxy, doesn't think it's a term that's used • Loftus herself teaches that inconsistencies are common in normal memory • Research shows that if there's a trusting/caregiving relationship between perpet

larification after reading our brief: o Will testify about generally well accepted principles in memory. Foundational principles, some derived from Loftus, well accepted in literature o Not an expert on memory o Key principles are in agreement o LR has gone to a training by Loftus • Very difficult

sms supercede normal memory processes. Some researchers argue that traumatic and benign events are subject to identical cognitive operations (e.g., Loftus, Garry, & Feldman. 1994; Shobe & Kihlstrom• 1997). According to this view, traumatic experiences, like nontraumatic ones, can be forgotten over ti

120304 Racial. ethnic. and cultural factors of childhood sexual abuse: A selected review of the literature. Clinical Pnrhokm Review. 20. 905-922. Loftus. E.F. Gany.M. & Felten:kJ 119944 Foramina sexual imam*: What does nn mean when 3844 forget? Journal of Coasalring and Cluical Psychelogv. 62. 177- 1

challenged witnesses' memories. I do this off the record. BACKGROUND: I successfully sued my parents for damages related to childhood sexual abuse. Loftus testified for the defense in the 1994 trial. Following the trial, Loftus misrepresented my case in a media interview. I filed an ethics complaint wi

consulted with prosecutors in the trials of ex-priest Paul Shanley, Phil Spector, Bill Cosby and Harvey Weinstein. They were all convicted despite Loftus's testimony that challenged witnesses' memories. I do this off the record. BACKGROUND: I successfully sued my parents for damages related to childho

en though many studies have sought to document and give theoretical explana- tions for the fallibility of witness memory (see Goodman & Hahn, 1987; Loftus, 1979; Yarmcy, 1979, for reviews), only re- cently has research been conducted on police interview tech- niques to increase the completeness of a wit

er, R. P.. & Martin, D. W. (1970). Divided attention: a vehicle for monitoring memory pro- cesses. Journal of Expenmental Psychology 83. 164-17 I . Loftus, E. F. (1979). Eyewitness testimony Cambridge, MA: Harvard University Press. Malpass, R. S.. & Devine, P G. (1980). Realism and eyewitness identi-

erest of expediency, here is the Daubert motion for your comments. I still need to write my section, and I'm doing some significant revisions to the Loftus section, but the Dietz section is done —Mil crushed it. That's the bulk of the motion, so feel free to read that over, and I'll send you the rest in

ent's expert witness, Dr. Lisa Rocchio. The Government on November 8, 2021, filed a motion to partially preclude the testimony of Dr. Dietz and Dr. Loftus. Dkt. No. 424. The Court has already addressed that motion. On November 15, 2021, the Government moved to fully or partially preclude the testimony

< To: SANYS) [Contractor]" Subject: FW: U.S. v. Maxwell, Case No. 20 Cr. 330 (AJN) [Maxwell's Resp to Govs Mom to Preclude Testimony of Dietz and Loftus] Date: Sat, 13 Nov 2021 16:25:10 +0000 Attachments: 2021.11.12_Maxwell_Response_to_Gov_Motion_to_Exclude_Dietz_and_Loftus.pdf; Ex._1.pdf; Ex._2.pd

1). Psychology. New York: Random House (ICnopf). Loftus, G.R. & Loftus, E.F. (1982). Essence of Statistics. Monterey, CA: Brooks/Cole. Bootzin, R., Loftus, E., & Zajonc, R. (1983). Psychology Today (5th ed.). NY: Random House. Loftus, G.R. & Loftus, E.F. (1983). Mind at Play. New York: Basic Books. •

en's courtroom testimony. Paper presented at the Annual Convention of the Rocky Mountain Psychological Association, Denver, CO. Goodman, G. S., Sr Loftus, G. R. (1981, August). Relevancy and expectancy: Visual scanning and memory for action scenes. In A. Graesser (Chair), The use of schemata in human

f juror bias; and in-depth attorney-conducted voir dire combined with individual sequestered voir dire elicits greater 3 See, e.g., Moran, Cutler & Loftus. Jury Selection in Major Controlled Substance Trials: The Need for Extended Voir Dire, 3 Forensics Reports 331(1990). 13 EFTA00011128 --- PAGE B

e stuff. From: Sent: Sunday, November 7, 2021 10:04 PM To: (USANYS) Subject: RE: Daubert motion Hi all, Here's a version that incorporates the Loftus section. The plan is to have a draft in the chiefs' inbox when they wake up, so if folks are still up, would love comments as you can. I'm going to

ent's expert witness, Dr. Lisa Rocchio. The Government on November 8, 2021, filed a motion to partially preclude the testimony of Dr. Dietz and Dr. Loftus. Dkt. No. 424. The Court has already addressed that motion. On November 15, 2021, the Government moved to fully or partially preclude the testimony

From: Sent: Sunday, November 7, 2021 10:04 PM To: (USANYS) c sc M > Subject: RE: Daubert motion Hi all, Here's a version that incorporates the Loftus section. The plan is to have a draft in the chiefs' inbox when they wake up, so if folks are still up, would love comments as you can. I'm going to

h counsel, submit the following summary pursuant to Fed. R. Crim. P. 16(b)(1)(C). I. EXPERT DISCLOSURE BY THE DEFENSE A. Dr. Elizabeth Loftus Dr. Loftus is the Distinguished Professor of Psychological Science and Law at the University of California, Irvine School of Law. Dr. Loftus is one of the nati