Patently unreliable testimony got him convicted of murder and sentenced to life in prison.
From the beginning, the men insisted they were innocent, saying the case had been based on a coerced confession and unreliable testimony by fellow inmates.
The defense lawyer, Joseph T. Klempner, said he would show that the prosecution's case was based on unreliable testimony, primarily from the complainant.
Despite unreliable testimony from Factor himself, the jury convicted Touhy and his three associates on February 22.
The trial judge performs a "gatekeeping" role in excluding unreliable testimony.
"I was trying to address the problem of unreliable testimony by experts in capital cases," Mr. Dunnam said.
Prosecutors agreed her trial had been faulty because of Smith's unreliable testimony, but they would not say whether a retrial would be sought or not.
The report also said too many defendants are convicted based on unreliable testimony from jailhouse informants or from dubious experts.
Hitchens says that evidence of miracles is fabricated, or based on the unreliable testimony of people who are mistaken or biased.
The women say their prosecution and their long preliminary hearing were based on unreliable testimony of preschool children interviewed by therapists unschooled in criminal investigation.