Jon Ostendorff reports for the Asheville Citizen-Times that North Carolina State Bureau of Investigation Special Agent Chris Smith, who supervises the Bureau’s polygraph unit, will not be criminally prosecuted for allegedly assaulting a suspect he had polygraphed. Although not specifically mentioned in the article, it would appear that no video recording was made of the interrogation session in question. Routine videotaping of all interrogations (including polygraph interrogations) would serve as a deterrent both to misconduct by law enforcement personnel and false complaints by suspects. While Special Agent Smith has escaped prosecution, a cloud of doubt remains over his head, with the district attorney finding Smith’s explanation of the incident “to be ridiculous and insulting to the intelligence of any reasonable person.” Had the entire session been video-recorded, a more conclusive determination of what transpired might have been reached.
Reporter Jon Ostendorff writes:
SYLVA — A prosecutor on Tuesday dismissed an assault charge against the State Bureau of Investigation’s top polygraph agent but said he is concerned about the officer’s conduct.
District Attorney Richard Shaffer said he found no evidence Special Agent Chris Smith assaulted Whittier resident Kenneth Rhinehart after a lie-detector test April 23 at the Jackson County Sheriff’s Office.
The state assigned the case to Shaffer, the prosecutor for Cleveland and Lincoln counties, after District Attorney Michael Bonfoey recused his office because it has worked closely with Smith as a police witness.
Bonfoey’s district includes Jackson County.
Rhinehart is suspected of molesting a child.
Smith, the SBI’s lie detector coordinator, was assisting sheriff’s Detective Celeste Holloman with the investigation.
Shaffer said Smith asked Rhinehart to leave when he tried to recant while talking to Holloman after the lie detector interview.
Rhinehart ignored the request, and the SBI agent took him by the arm and led him out of the Sheriff’s Office, Shaffer said.
Holloman arrested Rhinehart four months later on a first-degree sex offense charge involving a girl younger than 13.
Rhinehart was released on $200,000 bond.
Rhinehart swore out the misdemeanor charge on Smith in November. The warrant alleges Smith assaulted him by “grabbing (him) with his hands, pulling him out of a chair and pushing him into a wall.”
Shaffer talked to Rhinehart, Smith, Holloman and Summer Allen, a victim and witness coordinator with the District Attorney’s Office who witnessed the incident.
He also read the SBI’s report.
Shaffer said there were inconsistencies in some of their recollections.
The prosecutor said he has questions about Smith’s professionalism in grabbing Rhinehart.
The agent told investigators he did that, in part, because he feared for Holloman’s safety.
Shaffer said he found that “to be ridiculous and insulting to the intelligence of any reasonable person.”
He said he relayed his concerns to the SBI.
A spokeswoman for the agency said Tuesday that Smith remains on administrative duty, a status he has held since Sept. 8 and one that forbids him from participating in investigations.
Give the polygrapher a polygraph!
Well I guess the good old boys kicked in and saved him out of frying pan he is supposed to represent justice but he doesn’t he should be ashamed of himself to carry himself the way he does citizens are led to believe that they will get Justice from him no they won’t he’s he’s a dirty cop and his actions prove it