False Confessor

Even if one were convinced of Mr. Giarratano’s honesty, however, one could not rely on his insights in 1990. As two leading experts, Dr. James MacKeith and Dr. Gisli Gudjonsson, renowned for their evaluation of the reliability of confessions, have made clear in their evaluation of Mr. Giarratano, the reliability of the confessions must be determined apart from what Mr. Giarratano says he remembers, for his ability to remember is impaired. Even his own realization that he passed out in the Klines’ apartment only to wake up to find the bodies may itself be a confabulation. He may not even have that memory. It may be an unconscious effort to fill in what is otherwise a black hole in Mr. Giarratano’s life. Accordingly, the reliability of Mr. Giarratano’s confession must be measured by looking to the facts that do not depend on his recollections.

From Petition P. 40

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