Skip to main content

Texas inmate convicted via 'hypnosis' asks judge not to set execution date, says he was convicted with junk science

A Texas man sentenced to death row with the help of “hypnotized” witness testimony is asking a Dallas County judge not to set his execution date as his attorneys try to prove he was wrongfully convicted with junk science.

The move from Charles Don Flores’ attorneys comes in response to the Texas Attorney General’s Office request that a Dallas judge set an execution date for Flores in a letter Monday. Tomee Heining, chief of the AG’s Criminal Appeals Division, offered several dates in November as available for Flores’ execution.

Attorneys for Flores say the move is unlawful. They’re asking Garza not to act as they attempt to get a new trial for Flores in light of evidence and a state law they say prove his innocence.

“Instead of a long-overdue new trial, the Attorney General seems to believe it would be more convenient to kill Charles Flores,” said Gretchen Sween, Flores’ post-conviction attorney, in a statement. “Texans cannot stand by while their government willfully abuses its power like this. No Texan benefits from our State being known as a ‘leader’ in executing individuals with substantial innocence claims.”

A Dallas County jury sentenced Flores to death in 1999 for the murder of Elizabeth “Betty” Black in her Farmers Branch home. Key eyewitness Jill Barganier, Black’s neighbor, initially told police she saw two men — who other witnesses said were both white, and the passenger had long hair — getting out of a multicolored Volkswagen and walking toward Black’s home that morning.

She later picked Richard Childs — who is white — out of a photo lineup as the driver but did not initially identify Flores. Then Farmers Branch police put Barganier under forensic hypnosis, as shown in a video obtained by Texas Public Radio, a method long scrutinized as unreliable in obtaining testimony.

A year later at trial, Barganier identified Flores, who’s Hispanic and had short hair, as the passenger in the car at the crime scene. Childs, the other suspect, pleaded guilty to shooting the woman as part of a plea bargain after Flores' conviction. Childs got out on parole in 2016 after serving less than half his sentence.

A University of California San Diego psychology professor presented recent research on memory at an event in Dallas last year he said casts doubt on Barganier’s later testimony. John Wixted and others’ research suggests witnesses’ memories are most accurate and reliable the first time police test them, especially when a witness is more confident about what they say they remember.
Texas lawmakers passed a 2023 law making testimony using police hypnosis inadmissible in criminal trials. At least 21 states have done the same. But the law can’t apply retroactively to Flores’ case.
Memory isn’t static and thorough like a recording device, Southern Methodist University psychology professor Holly Bowen said at the Dallas event. Current goals, motivations and knowledge can easily shape what people remember, she said — like police questioning.

“Eyewitnesses want to be helpful, so imagine how frustrating it is to continually be questioned about a memory that you just don't have,” she said. “Victims want, you know, justice. They want closure. And I think the evidence indicates that this combination of things can really lead to the creation of false memories.”

Flores has now exhausted his state and federal appeals options. He was set to die in 2016, but the state’s highest criminal court stayed his execution after his attorneys challenged the use of hypnosis.

In May 2020, the Texas Court of Criminal Appeals upheld a Dallas court’s ruling that Flores couldn’t contest his conviction under the state’s junk science law and denied Flores a new trial. The U.S. Supreme Court declined to look at Flores’ case in 2021.

In that time, Texas lawmakers passed a 2023 law inspired in part by Flores’ case making testimony using police hypnosis inadmissible in criminal trials. At least 21 states have done the same, and the Texas Rangers also stopped using it after a Dallas Morning News investigation into the practice.

But the law can’t apply retroactively to Flores’ case. It’s why his attorneys are still trying to find a way to make the case for his innocence with evidence they say is “imminent.”

Dallas County District Attorney John Creuzot’s office can ask Garza to set an execution date but doesn’t have the power to set one itself. The AG’s letter states if Creuzot’s office isn’t willing to participate in Flores’ proceedings, the AG is willing to represent the state for the time being, upon the DA’s request.

A spokesperson for Creuzot's office did not immediately respond to a request for comment on the newest filings in Flores’ case. The spokesperson told KERA News last year the office has given Flores’ team “everything they have requested and more than they are entitled to” and declined to comment further on the case.

Source: keranews.org, Toluwani Osibamowo, May 14, 2025




"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted."
— Oscar Wilde


Comments

Most viewed (Last 7 days)

Oklahoma Sets November Execution Date for Air Force Veteran Jim Pavatt Amid Claims of Wrongful Conviction

OKLAHOMA CITY — The Oklahoma Court of Criminal Appeals has scheduled the execution of Air Force veteran and longtime death row prisoner Jim Pavatt for Nov. 12, as his attorneys continue to challenge his conviction and contend that prosecutors relied on false arguments, disputed forensic evidence and an alleged confession they later described as bogus. Pavatt, who served nearly 22 years in the Air Force and rose to the rank of master sergeant, was convicted and sentenced to death for the 2001 killing of Rob Andrew in Oklahoma City. His execution is scheduled for the day after Veterans Day.

Indiana high court sets Nov. 5 execution date for convicted child killer

The court’s decision came a little more than two months after Indiana Attorney General Todd Rokita asked the justices to schedule Weisheit’s execution. State attorneys argued Weisheit had exhausted his state and federal appeals, had no active stay of execution, and could lawfully be put to death. The inmate’s attorneys opposed setting a date, saying they needed more time to pursue available legal proceedings and possible executive clemency. The defense additionally pointed to public records that it said showed the Indiana Department of Correction lacked the drugs needed to conduct an execution and had no lawful source from which to obtain them.

He Spent 27 Years on Death Row as a Wrongfully Convicted Man. What Comes Next?

23-hour solitary confinement. 115-degree heat. Jimmie Duncan is haunted by the decades he spent in Louisiana’s Angola Prison—and how, even after being released, he still isn’t truly free. Jimmie “Chris” Duncan wiped the sweat off his forehead as he assessed his temporary home from the parking lot of a rundown motel in central Louisiana. Sure, there’s drug dealing and prostitution, he said on a recent summer afternoon. And he suspected his neighbors were cooking meth on a floor below the room he paid $350 a week to rent.

Florida executes Harold Gene Lucas

Florida state officials executed 74-year-old Harold Gene Lucas by lethal injection on Tuesday evening, concluding a 50-year legal saga stemming from the 1976 murder of a 16-year-old girl in Bonita Springs. STARKE, Fla. -- A man convicted of killing a teenage girl who rejected his romantic advances and wounding two of her friends was put to death Tuesday in the first of three executions planned this month in Florida. Harold Gene Lucas, 74, was pronounced dead at 6:18 p.m. following a three-drug injection at Florida State Prison near Starke, authorities said. He was sentenced to death for the 1976 shooting attack on Jill Piper and the wounding of her friends, Richard Byrd Jr. and Terri Rice.

Hanging of Osaka Arsonist is Japan’s First Execution Under Takaichi Government

As a majority of the international community has abolished capital punishment. Japan and the U.S. are the only two countries in the Group of Seven leading industrialized nations that put people to death. The execution of Takami Sunao—an arsonist whose 2009 attack in Osaka killed five—on August 21, 2026, was Japan’s first use of capital punishment in just over a year. Over a Decade from Sentencing to Execution Takami Sunao was executed on August 21, 2026 , for a 2009 arson attack at an Osaka pachinko parlor that killed five people. In July 2009, Takami poured gasoline on the floor of a pachinko parlor in Osaka and set it alight, killing 5 customers and staff members and injuring 10 more. While the defense argued that he was in a state of diminished capacity, the Supreme Court finalized his death sentence in February 2016. The execution took place 17 years after the initial crime and 10 and a half years after the death sentence was finalized.

Algeria's President orders Penal Code amendment to introduce death penalty with immediate execution

The president has raised the possibility that some of the fires may have been criminally set and ordered authorities to investigate their causes and identify those responsible. Algerian President Abdelmadjid Tebboune has ordered amendments to the country’s penal code to allow the death penalty to be carried out against people convicted of deliberately setting forest fires, after a wave of devastating blazes killed 12 people and caused extensive damage across the country.

Florida | Jury recommends death sentence for Jeffrey Crum in killing of 12-year-old girl

BROOKSVILLE, Fla. — A Hernando County jury has recommended the death penalty for a 65-year-old man who was found guilty last week of raping and killing 12-year-old Jennifer Odom. Sentencing for Jeffrey Crum was held this week. Crum abducted Odom in 1993 after she stepped off her school bus in Pasco County. Her body was found in a Hernando County orange grove six days later.

Florida set to carry out 14th execution this year in the nation's busiest death chamber

MIAMI (AP) — A Florida man convicted of fatally shooting a 16-year-old girl who rejected his romantic advances and wounding two of her friends is set to be executed Tuesday in the first of three lethal injections scheduled this month in the state. Harold Gene Lucas, 74, is set to receive a three-drug injection at Florida State Prison near Starke starting at 6 p.m. He would be the 14th prisoner put to death this year in Florida, and Republican Gov. Ron DeSantis has already signed death warrants for two more executions set for later this September.

Ex-corrections officials urge governor to commute Kansas death sentences

Former Kansas corrections officials are urging Governor Laura Kelly to grant clemency to the state's death row inmates. Former Kansas Corrections Secretary Roger Werholtz has several reasons why he thinks the state should abolish the death penalty. Werholtz, who served as secretary from 2002 to 2010 and returned on an interim basis in 2019, uses his discussions with peers and family members of victims as well as experiences of seeing wrongly convicted people getting exonerated as his guiding points.

Japan executes man convicted of killing five in 2009 Osaka pachinko parlor arson

Japan on Friday announced the execution of a man convicted of killing five people after setting fire to an Osaka pachinko parlor in 2009, the first execution by Prime Minister Sanae Takaichi 's government as the country faces growing calls for more transparency and the abolition of capital punishment. The Justice Ministry said Sunao Takami, 58, was hanged to death earlier Friday. Takami in 2009 set fire to the crowded pachinko parlor in Osaka by spreading gasoline and throwing a lit match, engulfing the building, killing five and injuring 10 others, Justice Minister Hiroshi Hiraguchi said.