State Ex Rel. Collins v. Superior Cour

132 Ariz. 180, 644 P.2d 1266 (1982)

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Nature of the Case

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Facts

Over a three-year period, from August 1977 to May 1980, eighteen reported rape incidents occurred in unpopulated areas in west Phoenix. They followed a similar pattern. Couples in vehicles were approached by a masked, heavy-set male armed with a pistol and carrying what the state characterizes as a 'rape kit,' consisting of ropes, blindfolds, ground cloth, and toilet paper. In each instance, the assailant informed the couple he was going to steal their car or take their money and proceeded to tie and blindfold the couple. After using the ground cloth for the rape, the assailant would use the toilet paper to clean the woman, and then untie the victims, return the paraphernalia to his tote bag, and leave the area on foot. Silva was arrested as he approached an undercover decoy vehicle containing a male and female officer in plainclothes. Silva was wearing a mask, armed with a pistol, and carrying the 'rape kit.' Prior to the arrest, the police had investigated the case for several years: part of their investigation included hypnosis of seven of the victims to obtain information on the identification of the assailant. At Silva's trial, the state attempted to introduce the testimony of the victims who had been hypnotized. Initially, the court held that a witness who had been hypnotized should not be permitted to testify. The state moved for a rehearing.