Breaking Cycles of False Memory

The defense’s careful investigation showed the son’s girlfriend had likely influenced the development of the son’s memory.

Case Summary

The accusation

That Doug molested his son Cole when Cole was very young.

The charges

Rape of a Child in the First Degree (two counts) and Child Molestation in the First Degree (one count).

The possible sentence

from 14 years to life in prison.

The defense David Marshall presented

In his teen years, Cole developed a sincere but false child sex abuse memory that his father had molested him when he was small. Cole’s discovery Doug had indeed molested his older sister, decades earlier, likely initiated false memory development.

The result

jury acquittal on all counts.

What helped get Doug his life back

David’s investigation showed Cole’s girlfriend, a person the police had not bothered to contact, had likely influenced the development of Cole’s memory. David interviewed her and, despite her desire Doug be convicted, had her testify at trial.