The woman sitting in the chair is Jill Barganier. It’s 1998. And she’s a key witness as police investigate the fatal shooting of her neighbor, Elizabeth Black. Listen carefully as Jill describes what she saw. Jill says the two killers were white, slim, and had long, dark hair, like this. But the police have a problem. Jill’s description doesn’t resemble one of their main suspects. In fact, Jill failed to pick him out of a lineup. Not only that, there’s no physical evidence linking him to the murder, no bullets, no blood, no DNA. Oh, and someone else confessed to the murder. But 25 years later, Charles Don Flores still sits on death row in Texas, awaiting his execution. He says it’s an injustice that highlights the madness of the death penalty and the urgent case for its abolition. “I’m on death row. They want to kill me. The more time that goes by, the closer that they’re getting.” And it’s all because of what’s about to happen in this room. “F.B.I. agents were chasing 28-year-old Charles Don Flores when he crashed into another car.” “I’m the first one to say to anybody that I wasn’t an angel when I was free. There are things that I’ve done before that I’m really ashamed of. But I didn’t commit this crime. I didn’t kill Mrs. Black.” The central evidence used against Charles Don Flores in court: the eyewitness testimony of Jill Barganier. She initially described seeing two white men with long hair, medium build. “I’m not medium build. I’m six foot tall. I’ve always had short hair. And I’ve always worn glasses. And none of these things were mentioned in her original description, not to mention the fact that I’m not white. I’m Latino. I’m Mexican American.” But by the time of his trial, Jill’s testimony had changed. “She suddenly said that she could identify me.” You’re about to see why. Over the course of an hour, the officer, just off to the right of the screen, attempts to hypnotize Jill. What you’re seeing has a name: investigative hypnosis. “It’s essentially voodoo. It’s crazy.” For decades, scientists believed that under hypnosis, people could recall distant events with vivid clarity. But since 1999, it’s been largely discredited. That’s why more than half the states in the country have banned or limited its use in court. And now even Texas has banned it, too. “Unfortunately, it’s not retroactive, so it doesn’t apply to me. It doesn’t help me.” Charles and his legal team are certain. Without Jill’s hypnosis-tainted testimony, the case against him crumbles. No other evidence puts him at the scene of the crime. All Charles wants from the state is a fair trial based on evidence, not discredited science. After all, his life is on the line. “Give me a fair shot. Look at my case fairly.” So who killed Elizabeth Black? Jill Barganier told officers she saw two men enter the victim’s house that day. She had no problem identifying the driver, an acquaintance of Flores named Richard Childs. He struck a deal with prosecutors, confessed to the murder, and served less than half his sentence. But Charles? He’s paid a steep price for insisting on his innocence. Convicted as an accomplice under the Texas Law of Parties, he remains on death row. And unless authorities grant him a reprieve, he’ll be executed. The scientifically flawed testimony, the lack of physical evidence or DNA linking him to the crime with even one iota of doubt — it’s an injustice. And that’s the impossible moral responsibility placed on those who impose the death penalty: absolute certainty. “You have to be fair before you take someone’s life. And that’s the evil of the death penalty. I don’t want to die. But if that’s how it ends, well, I’m ready to go. I’m not afraid to die. I’ve never been afraid to die.”