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Eyewitness Memory: Unreliable or Misunderstood? New Research Challenges Decades of Skepticism

other · 2026-05-27

A Nature feature examines the shifting science of eyewitness memory, centering on the case of Charles Don Flores, a Texas death row inmate convicted largely on eyewitness testimony. In 1998, neighbor Jill Barganier initially failed to identify Flores in a photo line-up and described a white man with long hair, but later testified with 'over 100 percent' certainty that Flores was the perpetrator. Researchers like John Wixted of UC San Diego argue that initial high-confidence identifications can be highly accurate, challenging the long-held view that memory is inherently unreliable. Wixted's confidence-accuracy characteristic (CAC) analysis, based on signal detection theory, shows that confident witnesses can be up to 97% accurate under proper conditions. The article traces the history of eyewitness research from Elizabeth Loftus's 1970s experiments to Gary Wells's work on line-up biases, and highlights reforms like double-blind line-ups adopted by some jurisdictions. Wixted now hopes his arguments will aid a Supreme Court petition to reconsider Flores's conviction.

Key facts

  • Charles Don Flores was convicted of capital murder in 1999 largely on eyewitness testimony from neighbor Jill Barganier.
  • Barganier initially failed to identify Flores in a photo line-up and described a white man with long hair; Flores is Latino with short hair.
  • Police used discredited 'forensic hypnosis' on Barganier, suggesting one suspect had 'neatly trimmed' hair.
  • Barganier later testified she was 'over 100 percent' sure Flores was the man she saw.
  • Flores is currently on death row; no DNA evidence connects him to the crime.
  • John Wixted's CAC analysis shows confident eyewitnesses can be up to 97% accurate.
  • Wixted collaborated with Houston Police Department on a study of nearly 350 photo line-ups using double-blind procedures.
  • Some US jurisdictions have adopted reforms like double-blind line-ups and recording witness confidence immediately after identification.

Entities

Institutions

  • University of California, San Diego
  • University of Washington in Seattle
  • Iowa State University
  • Stony Brook University
  • Washington University in St. Louis
  • University of Bristol
  • Salk Institute for Biological Studies
  • Houston Police Department
  • Texas
  • US Supreme Court
  • Innocence Project

Locations

  • Farmers Branch
  • Dallas
  • Texas
  • United States
  • Houston
  • San Diego
  • Seattle
  • Ames
  • Iowa
  • Stony Brook
  • New York
  • St. Louis
  • Missouri
  • Bristol
  • UK
  • La Jolla
  • California

Sources