Sonja Bjelland reports for the Inland Southern California Press Enterprise in “Lawyer says polygraph clears ex-Riverside cop of Iraq killings.” Excerpt:
A former Riverside police officer accused of killing two detainees while on duty as a Marine in Iraq passed a polygraph test in which he asserted that he had never been involved in a serious crime.
While supporters of Jose Luis Nazario Jr. say the test exonerates him of the federal voluntary manslaughter charges he faces, polygraph experts say the examination proves nothing because the questions were too vague.
Polygraph results are rarely used in court. In federal court, it is up to the discretion of the judge whether to admit such results as evidence.
The polygraph results were released as conflicting information about the case involving the killings after a firefight in Fallujah continues to be made public.
In the next few weeks, a federal grand jury will decide whether to indict Nazario. He has not yet entered a plea and it is unclear when any trial might begin.
Federal authorities declined to speak about the case, saying it is still under investigation.
Nazario took the polygraph as part of the hiring process at the Riverside Police Department, said attorney Emery Brett Ledger, who released the polygraph documents. Nazario took another polygraph for the Riverside County Sheriff’s Department and passed.
A question typical of such polygraphs, according to experts, was the one used by Riverside police: “Since your 18th birthday, have you committed a serious or undetected felony crime?”
The results stated “no deception is indicated.”
Los Angeles-based polygraph expert Edward Gelb said that the employment-screening polygraphs do not have the same accuracy as when a questioner asks about a single incident.
“It’s all about how you ask the right question,” Gelb said.
When asking about details in a specific crime, the polygraph can be right 91 percent of the time, Gelb said. But employment-screening polygraphs ask fewer questions and do not inquire about one specific incident.
Nazario’s police polygraphs are not the only ones at issue in this case.
Military author Nathaniel Helms said the investigation of Nazario stemmed from a polygraph test taken by a fellow Marine for a Secret Service job.
Helms said that information comes from an interview he conducted with Cpl. Ryan Weemer while researching a book, “My Men Are My Heroes: The Brad Kasal Story,” about the war in Iraq.
Helms also spoke to many of Weemer’s squad mates and said none of them mentioned witnessing any war crimes. But Weemer’s attorney, Paul Hackett, said that although Weemer applied for a Secret Service job, he never took a polygraph test.
For discussion of the Nazario case, see Ex-Marine and Cop Jose Nazario, Charged With Eight Killings, Passed LAPD and Riverside P.D. Pre-Employment Polygraph Examinations.
Being the daughter of Kevin B Mcdermott, the lead defense attorney for Nazario, Ive been there everyday in court taking notes and watching the prosecutors despartely trying to make a case out of nothing but what witness’ “say” they have seen over in Iraq. However, now these two lead witness’ are mostly likely going to be held in contempt and are not testifying under any circumstances. Also how can one rely on a witness to recall what really happened when they are suffering from PDS
So the prosecutors really have nothing to go on and if this trial is not found in the favor of Nazario, American society we’ll really see what our legal system is all about
These team of lawyers together teamed up to defend Nazario with my father as lead and are doing all of this legal work for free
So if you people really want to help out society to defend the military innocence go to http://www.unitedamericanpatriots.org/
and make a denoation $1,5,10,100, or 1000 will make a huge impact and will go to a greater good
-make a difference
stand up for what you believe in, dont buy into the government pricks who have never even encountered a war field or had to experience his or her best friend dying in your arms, this federal court doesnt know anything about the military law, its a joke
so, come to court and give your support for Nazario’s sake and his lawyers
please go, you are very welcomed
we want to fill the court room, we want Narzario to know he is in the best hands and is supported GREATLY
United States District Court, riverside
located on the corner of lime and 12th street in RS
2nd floor, court room:1
p.s.
For those who think he is guilty, we’ll give you a gun and send you into Iraq, and you can rely on making the correct decisions well hoping despartely your not convicted of doing what you were COMMANDED to do
so once you have experienced war, you can come talk to us