| HYPNOSIS TESTIMONY DISCUSSED February 18, 2004 Testimony from a hypnotized prosecution witness will not be allowed in trial, Judge Alfred Delucchi ruled in San Mateo County Superior Court, handing a victory to the defense. Judge Delucchi ruled that testimony from a woman who police had hypnotized will be barred, ruling the hypnosis was not conducted in accordance with state law. "It's not even a close question; there's no compliance," Geragos said. He was referring to Dale Pennington, a clinical psychologist at Behavior Analysis Training Institute in Santa Rosa and a former sheriff's deputy who questioned Kristen Dempewolf when she was under hypnosis. Dempewolf's testimony might have been used to counter likely defense witnesses who said they saw Laci Peterson walking her dog after the time her husband said he left to go fishing the day she was reported missing — Christmas Eve 2002. Distaso conceded that he did not know until Tuesday that Pennington is not licensed in California — a requirement for testimony from a hypnotized witness. Delucchi agreed with Geragos, saying prosecutors did not make clear in court documents whether Pennington is sufficiently "experienced in the use of hypnosis." His connection to law enforcement might also have disqualified him, the judge said. Pennington questioned a second witness, Diane Jackson, under hypnosis the same day, also at police request. But her testimony is more likely to help the defense; she remembered seeing suspicious men across the street from the Peterson home Christmas Eve morning. The main defense theory is that someone else snatched Laci Peterson. Delucchi said he would rule later on whether Jackson can testify, if Geragos wants to call her. AT A GLANCE * HYPNOSIS -Before Peterson's arrest, authorities questioned two potential witnesses under hypnosis. In theory, the practice helps people remember things they couldn't otherwise. -Prosecutors: Wanted to discredit potential testimony of people who have said they saw Laci Peterson walking her dog in her La Loma neighborhood on Christmas Eve morning. They might have confused her with another pregnant woman, Kristen Dempewolf, a prosecution theory goes. They questioned Dempewolf under hypnosis. -Defense attorneys: Asked to keep Dempewolf off the witness stand. -At issue: Whether authorities followed approved methods for hypnosis evidence. Dale Pennington, who conducted the procedure, is a former sheriff's deputy who trains officer; the law says agents of police must not conduct such hypnosis questioning. Also, prosecutors acknowledged that Pennington is not licensed in California. -Outcome: Delucchi agreed to bar Dempewolf from testifying. He postponed a decision on a second potential witness — whose testimony likely would help the defense. HOME INDEX LACI SCOTT EVIDENCE-NEWS ALIBI-WITNESS LIST |
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