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Evidence Keyed to Best
Roark v. Commonwealth
Citation:90 S.W.3d 24 (2002).
NT was was sexually attacked and robbed by an intruder in her home. NT could not identify her attacker based on police photos, although could remember some basic physical features of the suspect. Several months later, NT underwent hypnotic therapy at the suggestion of her friend, in an attempt to remember more details of her attacker. Even after treatment, NT could not positively identify her attacker.
Police searched the residence of Roark, nearly a year after the attack, in an unrelated crime. During the search, police discovered evidence linking him to NT’s attack. Police subsequently showed NT photographs of Roark, which prompted a positive identification of the attacker. She was also able to identify Roark from voice recordings.
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