DOJ Rationalizes Away Polygraph’s Failure to Catch Alleged Anthrax Killer Bruce Ivins

Bruce E. Ivins
Bruce E. Ivins

On Friday, 19 February 2010, the U.S. Department of Justice announced the conclusion of its investigation into the 2001 anthrax attacks. The DOJ maintains that  Dr. Bruce Edwards Ivans, who in 2002 passed a polygraph test regarding the anthrax attacks, was the sole perpetrator.

In an investigative summary (640 kb PDF), the DOJ characterizes Ivins’ passing of the polygraph as part of an effort to “stay ahead of the investigation,” alleging (at p. 84, fn. 51) that he used countermeasures to fool the polygraph:

In some sense, Dr. Ivins’s efforts to stay ahead of the investigation began much earlier. When he took a polygraph in connection with the investigation in 2002, the examiner determined that he passed. However, as the investigation began to hone in on Dr. Ivins and investigators learned that he had been prescribed a number of psychotropic medications at the time of the 2002 polygraph, investigators resubmitted his results to examiners at FBI Headquarters and the Department of Defense Polygraph Institute for a reassessment of the results in light of that new information. Both examiners who independently reassessed the results determined that Dr. Ivins exhibited “classic” signs of the use of countermeasures to pass a polygraph. At the time the polygraph was initially examined in 2002, not all examiners were trained to spot countermeasures, making the first analysis both understandable under the circumstances, and irrelevant to the subsequent conclusion that he used countermeasures.

Although the summary doesn’t state what “classic” signs of countermeasures Ivins allegedly displayed, Michael Isikoff of Newsweek reported in 2008 that the FBI “concluded he’d used ‘countermeasures’ such as controlled breathing to fool the examiners.”

Read more

Former Aide to Colin Powell Accused of Espionage, Fired Based on Polygraph Results

A recently filed federal lawsuit documents how a veteran intelligence officer with the Defense Intelligence Agency (DIA) was accused of espionage and summarily fired after failing a series of polygraph “tests” (a procedure roundly rejected by scientists as being without scientific basis). The following is an excerpt from the statement of complaint (160 kb PDF) … Read more

Scott Horton Interviews AntiPolygraph.org Co-founder George Maschke

Scott Horton of Antiwar Radio interviewed AntiPolygraph.org co-founder George Maschke on Wednesday, 30 December 2009. The opening part of the interview concerns a non-polygraph related topic–a document published by The Times of London purportedly from an Iranian nuclear weapons research project. For more on this, see “Typography Casts Additional Doubt on Authenticity of Alleged Iranian … Read more

To Fell the Truth

Matt Fiore writes for the James Randi Educational Foundation’s Swift blog on how, despite popular perceptions, the pseudoscience of polygraphy has not truly been banished from American courtrooms.

Will Shetterly Discusses His Experience with the Polygraph

In “Confessions of a Detected Liar,” Novelist and short story writer Will Shetterly relates the story of how he twice failed polygraph “tests” despite telling the truth. See also the comments left by polygraph operator Louis Rovner of Los Angeles attempting to rationalize away the polygraph’s error and mischaracterizing the findings of the National Academy … Read more

District Attorney Finds No Evidence Against North Carolina’s Top Polygraph Operator

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.

Read more

North Carolina’s Senior Polygrapher Charged with Assault

Jon Ostendorff reports for the Asheville Citizen-Times that the North Carolina State Bureau of Investigations’ senior polygraph examiner, Special Agent Chris Smith, who supervises all the Bureau’s polygraphers, was arrested and charged with assault in August 2009. Smith is currently free on $200,000 bond:

SYLVA — The State Bureau of Investigation’s top polygraph agent is charged with assaulting a man suspected of molesting a child in Jackson County.

The SBI put Special Agent Chris Smith on administrative duty Sept. 8 while internal affairs investigators looked into allegations that he pushed Whittier resident Kenneth Rhinehart into a wall, a spokeswoman for the agency said Monday.

He remains on that assignment, which means he can’t participate in investigations.

His court date is scheduled for Dec. 1.

The agency gave its report on the incident to District Attorney Michael Bonfoey in October.

The state assigned Cleveland County District Attorney Rick Shaffer to handle the prosecution after Bonfoey recused his office because it has worked closely with Smith as a police witness in the past.

The allegation could have ramifications in other sex crimes cases in Jackson County, where Smith performed lie-detector tests.

He is the SBI’s polygraph coordinator, overseeing all of the state’s lie detector agents. He has been with the agency since 1997.

Read more

Polygrapher Patrick T. Coffey Threatens Lawsuit, Demands Retraction

Patrick T. Coffey
Patrick T. Coffey

Polygraph operator Patrick T. Coffey of San Francisco has threatened AntiPolygraph.org co-founder George Maschke with a defamation lawsuit. In a letter (877 kb PDF) dated 4 September 2009 sent by U.S. mail and fax, Coffey’s attorney, Carleton L. Briggs, demands “a full and complete retraction” of the 20 August 2009 blog post, “Is Patrick T. Coffey Fit to Be Screening Police Applicants?”

The letter, ominously titled “Coffey v. SF Weekly, Maschke, et al.” begins (hyperlinks supplied):

I represent Patrick T. Coffey, the subject of an article entitled “Is Patrick Coffey Fit to Be Screening Police Applicants?” which appeared on your blog on August 20, 2009. Your article referred to, and contained a hyperlink to, an article entitled “The Lie Detective” by Matt Smith in the August 19-25 issue of SF Weekly, Volume 28, Number 30. I enclose a copy of your article and of the SF Weekly article, which quotes both you and your blog.

Read more

Is Patrick T. Coffey Fit to Be Screening Police Applicants?

Following up on his previous article on the San Francisco Police Department’s reliance on polygraph screening–despite broad scientific consensus that it is invalid–S.F. Weekly reporter Matt Smith takes an in-depth look at the man the SFPD has hired to polygraph applicants: Patrick T. Coffey, who received “$81,463 during the last fiscal year” for his services. … Read more