I have taken 2 post-conviction sex offender polygraphs. On the first one, in April 2000, my lawyer told me to tell a lie every chance I got. So I did. I gave an untruthful answer to everything except the known things like my name. If I did something, I said I didn't. If I didn't do something, I said I did. End result was that when I arrived at home after the exam, I had a yard full of cops and probation officers. Seems that the examiner had called my probation officer and told her that I had several thousand child pornography photos, books, magazines and movies in my house, and that I had viewed some of them immediately prior to leaving the house to go take the exam. After an exhaustive 7 hour search that ended near midnight, they all left. They managed to find a VHS tape with about 30 minutes of a soft-porn movie taped of late-nite network TV and a Cosmopolitan magazine with bikini-clad teenagers in it. They also took my computer, which was returned 5 months later after being pronounced "clean" by the FDLE. 
I took the next one in May of 2001. My lawyer instructed me to tell the truth on this one, which I did. The examiner expressed his surprise that I was even there. He thought I would be in prison. When I told him what had transpired, he expressed disbelief and felt that I must have somehow gotten rid of the evidence before the police got there. He refused to acknowledge my point that the police were there before I was, thus I had no chance to hide anything. Throughout the entire second exam, the examiner constantly accused me of using countermeasures. He completed his question sequence, unhooked me, and told me I could leave.
I never heard another word about the second exam. My probation officer refused to discuss it, and the examiner wouldn't return my calls. To this day, I don't know the results of it. I do know that this past spring, when it came time for another annual test, I was told that I would no longer be required to take them. Since that time I have attempted to obtain information, to no avail.
It all came down to me sending a certified letter to the examiner seeking documentation. He replied with a letter of his own telling me to get it from my probation officer.
To the crux of the matter. My probation officer has a statutory right to refuse to give me the documents, and has exercised that right. I take the position that since I paid the examiner to perform the exams, I have a right to the documents. The examiner feels that since I was ordered by the DOC to take the exam, I have no right to the documents in spite of having paid for the exam. I am probably going to file suit against the examiner to compel him to give me the documents. I am also filing a complaint against him with the various associations that he belongs to, although I don't expect any action in my favor from them.
Does anybody out there have any advice to offer about this issue, before I jump in with both feet?

So Marty, were you born a skeptic, or did a lousy life make you that way? I see you are listed as a "senior" user. Does that imply that you are competent, or just that you've been lurking around here a lot?
The story is true, and I am a real person. And yes, when my lawyer and I develop a plan to discredit a polygraph, I listen to his advice. I would think that anybody on this site who truly wants polygraphs discredited would see this. So what are you doing here?
If you don't have anything constructive to say, just stay away. Other people need the bandwidth.

Twoblock wrote on Dec 24^th, 2002 at 10:50pm:


If the story is as he said and he was in fact innocent then he told the polygrapher that he was in fact guilty of the crimes the polygrapher asked about.  Anyone that confesses to another person (outside of exempted persons) serious crimes should expect to be turned in. There no doubt confession is the basis for probable cause so LE was not out of line. For someone under probation supervision it is, in addition, sufficient to revoke probation.

While discrediting the polygraph is interesting, the idea of a lawyer putting their client at risk (and if that story is true Jim is damn lucky) by telling then to confess to crimes they did not commit is not fathomable.  I assume the session wasn't taped. It should have been.

Another point is that generally polygraphers ask the questions first, perfunctorily on the relevant ones, with concern and in detail on the control ones (other than what you have told me did you ever .....?)

When the examinee admits to a relevant question up front it tends to shorten the interrogation phase.

-Marty

This is Jim. I have registered now, so this is my name on this board henceforth.

Marty wrote on Dec 25^th, 2002 at 11:20pm:


The 2002 Florida Statutes
 
Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS Chapter 948
PROBATION AND COMMUNITY CONTROL View Entire Chapter 
 
948.03  Terms and conditions of probation or community control.-- 


1.  As part of a treatment program, participation at least annually in polygraph examinations to obtain information necessary for risk management and treatment and to reduce the sex offender's denial mechanisms. A polygraph examination must be conducted by a polygrapher trained specifically in the use of the polygraph for the monitoring of sex offenders, where available, and shall be paid by the sex offender. The results of the polygraph examination shall not be used as evidence in court to prove that a violation of community supervision has occurred. 

If the examinee was to make an admission post test I'm sure that confession can an will be used in a court of law. In my opinion of the statute, absent an admission or a confession of a violation of probation, the results of a polygraph ALONE can not be used to prove a violation has occured.

Thanks Sie for the statute citation. Quick on the response there. The statute is very clear, but people are having their probation revoked because of allegedly "failing" the polygraph. The vast majority of them have no knowledge of the statutes, and a probation violation carries no right to legal counsel, so you can't get a Public Defender. It is sad that the judges would permit it, but they do.
You are right, Marty. I definitely threw them for a loop. That is why I was anxious to see how the second test turned out, the one they refuse to talk about even 18 months later. I suppose I'll have to let the judge compel them to tell me.
On the matter of doing things I shouldn't be doing, that never was an issue. I picked up a runaway, and she made this up in retaliation for me finding out where she was from and notifying her parents as to her whereabouts. You know the saying "No good deed goes unpunished". The fact that the very same judge that sentenced me allowed my two daughters, then 9 and 12 and now 15 and 18, to continue living with me tells the rest of the world that even he found some doubt in the girl's accusations. But a guilty verdict is a guilty verdict, so he did what the had to do.
I think there is a lot to this situation that can be helpful to people reading this board, so I will post updates as progress is made. Who knows, might even have a shot at getting some severe limitaions put on these tests, if not getting them banned outright (one could hope).

I think polygraphs are bullshit and anyone with mild control over themselves can defeat them....but you my friend deserve nothing,you whine about you're rights,but what about your victim(s)....I can't side with you on anything..you are wrong!!!!

Quote:


Mr. Shitty,

If you had taken the time to read the posts above, you would see that the only victim in this anecdote is the originator of the thread.

As to your characterization of him 'whining' about the violation of his rights, could you please point out where that occurs? I don't see any whining, merely the retelling of a pretty bizarre tactic with regard to spoiling the use of the polygraph in this fellow's probation.