Denver Post staff writer Mike Chambers reports in “Shanahan: Kircus Won’t Be Booted”:
A conviction for assault would not cause Broncos receiver David Kircus to be released from the team.
Coach Mike Shanahan said today that Kircus passed a lie-detector test Friday morning and that as far as the team is concerned, it will outweigh any criminal judicial result in the aftermath of his alleged fistfight with a Centennial homeowner in the early morning hours of May 20.
“David came to me and said, ‘Hey coach, I guarantee I did not take the first swing. I defended myself. I probably used poor judgment, being at the wrong place at the wrong time.’
“I said, ‘Well David, I’ll give you a chance to take a lie-detector test, and he wanted to do that. And he passed it with flying colors, so he will be on our football team,” Shanahan said.
Kircus is charged with second-degree assault, a class 4 felony. He is accused of assaulting homeowner Jeff Krieger, 26, in the driveway of Krieger’s home in the 8200 block of South Krameria Way at about 3:27 a.m. on May 20. Krieger suffered multiple facial fractures.
Shanahan said an FBI agent – “someone that does it for a living” – administered the lie-detector test.
“That’s fair enough for me,” Shanahan said. “When your career is based on if it comes out positive or negative, I get a good feeling he defended himself.”
It’s not the first time Shanahan has used a lie-detector test on players, college or pro.
“It’s been very good for us over the years, or at least my experience over the years,” he said.
And what about those who have flunked?
“They weren’t with us,” Shanahan said.
Kircus declined comment today.
Staff writer Mike Chambers can be reached at 303-954-1357 or mchambers@denverpost.com.
For Shanahan, polygraph results may be a convenient explanation for keeping a valued player even if he is convicted of assault, but they are proof of nothing. Polygraph testing has no scientific basis to begin with, is inherently biased against the truthful, and yet easily circumvented through the use of simple countermeasures that polygraphers have no proven ability to detect.
[Update] The Law Prof Blog points out that the Broncos’ reported reliance on the polygraph appears to violate the Employee Polygraph Protection Act.