Normal Topic Really Nervous - Any Advice? (Read 1484 times)
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Really Nervous - Any Advice?
Jul 24th, 2005 at 6:34pm
Mark & QuoteQuote Print Post  
Long story, but I am part of a criminal investigation with my state's state police investigative division.  The investigator for my case asked me to take a polygraph to which I readily agreed.  I signed the consent form & answered a short medical questionnaire, listing recent surgeries & current medications.   

I am currently under investigation for two unrelated incidents.  One, I am 100% guilty of & have admitted so & the US Attorney is willing to work that one out.  The other, I am NOT guilty of.  However, the investigators have evidence that says I am.  I see their point, but I have provided them with every shred of information I can possibly pry from my brain so that they can find the person who IS responsible & get myself off the hook.  So far, I am told that between the state police, US Army CID & the FBI, they "can't find" this person.  (I have to wonder exactly HOW HARD they are "looking" for this person since they were also "looking" for a girl who lives in the same town that I do who could back up my innocence & they said they couldn't "find" her, either.  It took me all of about 5 seconds on the internet to find her & I had lunch with her an hour later & went into what detail I could about the investigation.).

I obtained legal counsel regarding my situation in between the time that I signed the polygraph consent form & the actual polygraph.  This sort of "miffed" the investigators & I was pointedly told that they were trying to "handle this internally".  I guess I should add in here that my husband is a law enforcement officer who works for another division of the agency who is handling the investigation.  I realize it is so obvious that I am being kept under "hush hush" wraps & escorted around like a guarded movie star & have the investigators at my beck & call because my husband is "one of them".  If I were Jane Blow, I would have been arrested without warning & asked questions later, if at all.  I have been told point blank that they (the agency) wants this to "just go away".  I took it that obtaining legal counsel put a roadblock in their plans, whatever they were, to make this "go away".   

The morning of my polygraph, I called the investigator & asked him if he had been notified by my attorney that I would not be taking it.  The attorney had NOT done so.  I was asked why I was not going to take it.  I told him that 1) it's my right NOT to & that my attorney had advised me against it & 2) I knew he had already turned his case findings over the US Attorney so I felt taking it now would be a mute point.  The temperature on the phone line dropped a good 30 degrees at the mention of the word "attorney" & I was told that case files in regards to the situation that the polygraph involved had NOT been turned over to the US Attorney as of yet.  I was told point blank that charges could be filed against me for the situation in question at any time between "now & the day you die".  Then I was told that the US Attorney had indicated that he wasn't really interested in pursuing that avenue, but to be aware that it could still be pursued at a later date.  Well, great.  US Attorney doesn't really want to pursue it, so I only had to pop one Xanax to get through the day, not the two or three which has been the norm since all this started a few weeks ago.   

WELL, my less than wonderful attorney (who is now no longer representing me, by the way) informed me late FRI that he had talked to the US Attorney & that the incident I am innocent of is the main, number one item he wants to pursue.  Total contradiction from what the investigators who have been petting & coddling me have been telling me.  US Attorney wants to discuss a resolution on the charge I am guilty of & doesn't really want to bother with taking it to court, however he is adamant about the "innocent" charge.  At that point, I forgot the Xanax & got out the bottle of Cuervo Gold.   

After talking to a friend's dad yesterday who is a US Marshal, I have decided it will probably be in my best interest to go ahead & take the polygraph.  As my friend's dad put it, what do I have to lose?  Well, a house, a marriage, a kid that I can't be away from & 4 cats.  That's what I have to lose.  And all because the responsible party "can't be found" by a bunch of people that probably aren't looking that hard to begin with, so I am going to get stuck holding the bag.   

I am being told that the sole outcome on if they pursue this & charge me or not is hinging on how the polygraph turns out.  How true that is, I have no idea.  I know if they DO charge me, I still have to have a grand jury true bill me, so it isn't all over yet if I don't pass the poly, but it sure won't be in my favor.   

Here is my main concern - I am absolutely TERRIFIED of taking this darned polygraph test.  I know that anyone who gleefully hurries to get one done is a rarity, but for me, the thought of taking it makes me physically ill.  I am having this reaction not because I am guilty, because I am not.  I am scared because I have a history of depression, bi-polar & am on several medications for that & also to help me function as close to normal as possible considering the stresses I am under (two other major outside stresses as well as the stress of this investigation).  I am so scared that even though I will be telling the truth to any questions asked, I will have a negative reading from it.  My friend's dad, the Marshal, said to tell the investigators I will take their polygraph, but to know I have mental health issues & am on several medications so to be aware & that the result may not be in my best interest.   

This time last week, I wasn't too terribly worried about this, but due to refusing the poly, I am now looking down the nose of a federal indictment this next week.  I hope to get a court appointed attorney tomorrow as the guy I had originally retained is obviously not going to cut it.  I know a huge amount of this post falls into the "legal advice" category which is not what this board is about & not what I am seeking, but after reading other posts where people asked for more case background from the poster, I figured I would pour it all out here at once in my initial posting.   

In a nutshell, what are the chances of someone with my mental state & background & being on medications actually passing or not passing a poly?  Thanks in advance for any & all answers & advice.  By the way. the state police special crimes division will be the ones who administer my polygraph.

Respectfully Signed,
Hoping I At Least Get Camp Cupcake if Indicted
  
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Paste Member Name in Quick Reply Box George W. Maschke
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Re: Really Nervous - Any Advice?
Reply #1 - Jul 25th, 2005 at 9:06am
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No one can say what the chances of your passing or not passing a polygraph "test" may be. Polygraphy has no scientific basis. Its sensitivity and specificity are not knowable, and there is no peer-reviewed research on the effects of any medical conditions on polygraph outcomes.

What does seem to be clear is that you are suspected of a crime you say you did not commit. That investigators were apparently not interested in locating a witness who could support your innocence does not bode well. If I were in your shoes, I would seek competent legal counsel and refuse the polygraph.

As used by law enforcement agencies in criminal investigations, the polygraph often serves as little more than a pretext for getting a suspect to agree to be interrogated without a lawyer present, the prime objective being to get a confession.

Before you go through with any polygraph "test," you'll want to read through Chapter 3 of The Lie Behind the Lie Detector:

http://antipolygraph.org/lie-behind-the-lie-detector.pdf

It exposes the trickery on which the "test" depends and will provide forewarning of the the mind games you can expect to encounter if you agree to a polygraph interrogation. In this regard, see also the Department of Defense Polygraph Institute's Interview & Interrogation handbook:

http://antipolygraph.org/documents/dodpi-interrogation.pdf

Again, I think it would be wise to decline the polygraph. In explaining your decision to do so, you can mention what you've learned about polygraphy here, as a subject's knowledge of polygraph procedure clearly invalidates the already dubious assumptions on which polygraphy is based.
« Last Edit: Jul 25th, 2005 at 9:30am by George W. Maschke »  

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