Leo Waters

• Alibi

● Defendant’s wife had their only car at the time the crime occurred and defendant was home by himself.

“Q: Have you ever been to [address of crime scene]? A: No, sir, I have not. Q: Have you ever seen [the victim] before these charges were brought against you? A: No, sir, I’ve never seen her before.”

• Eyewitness
• Forensic Evidence

• Serology

• Valid

Serological analysis detected substances foreign both to the victim and her husband.

• Intraracial Identificaiton
• Victim

• Composite drawing
• Photo array
• Showup

Yes ● Hypnotized victim ● Following tentative photo array identification at which she did not make positive identification, victim was asked to identify him in courthouse show-up

Hypnotist testified, “The state of hypnosis is a state of relaxation. We carry many thoughts within our mind at one time. By eliminating many thoughts through relaxing the mind, quieting the mind, we can focus usually on what we’re interested in remembering…”

Yes ● Initially uncertain ● Discrepancy in description – hair color, eye color, weight, age

During photo, victim said that “maybe” the defendant was the attacker, and “it’s very close.” When asked to come to courthouse for show-up, she said she “was fairly sure.” By trial she was “absolutely sure it was him.” Victim’s description added key details only after she had been hypnotized. Defendant testified his beard was red and hair blonde, he never wore glasses and was about 290 pounds. Victim described an attacker with a salt and pepper beard and “dark brown hair,” with “wire frame, silver glasses,” green eyes, and weighing “about 200 pounds.” She said that at trial “he’s grown a beard and it’s a different color,” where the one she saw was “about a week’s worth of beard and salt and pepper.” Defendant did not have green eyes either.

• Brady
• Jury Instructions
• State Law Evidence Claim
• Suggestive Eyewitness Identification

• HE
• NP

State v. Waters, 302, S.E.2d 188 (N.C. 1983)
State v. Waters, 344 S.E.2d 16 (N.C. 1986)