Normal Topic Criminal Charges after Polygraph (Read 9704 times)
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Criminal Charges after Polygraph
Oct 3rd, 2006 at 12:27pm
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OK, I must have been totally stupid to have gone ahead with the polygraph required for employment to the intelligence agency I had been working for while in the military, but I really thought that I would be accepted even with some childhood problems that hadn't been addressed before. 
  I took two four-hour ploygraph tests in 2000 while applying for a job that I was already told was mine. The polygraph was the only thing standing between me and my dream job. Prior to the polygraph, I told an interviewer of information that abuse had occured during my childhood, and that information hadn't been discussed with anyone for more than 15 years. As I proceed into the polygraph session, this information is questioned, and as time goes on I am eventually accused repeatedly of having done things to my children which simply were not true, and moreover made me sick to my stomach to have someone asking me such graphic information, especially having already been traumatized myself from just having relived such a huge, painful part of my life. I did everything I could think of to just get through the first, then the second test, each time just wanting to get up and walk away, but not able to because this was the job that would make all my dreams for myself and my family come true (so I thought...). 
  A week after my polygraph, I am summoned and questioned by local police, arrested and have to post bond, and charged with molesting my daughter, which as I stated before I did not do. I have read many things about polygraphs and false confessions, and I can understand how those things can come about. While trying to do everything I could to not "lie" on the test, or to keep the appearance of lieing away, I simply adopted the strategy of agreeing to everything they asked me, not able to sort out on my own what they were really trying to get at, but just wanting this whole process to end. Even though my wife was questioned, and my three children were questioned, and all of them denied anything like this ever happening, the DA wanted to push the case. 
  At this point I lost my military career. My senior officers understood, they said, what was going on, and would not be pressing charges through military channels, but the only way for me to reenlist was to choose a court martial, which didn't seem like a very good decision, so I exited the military to try and fight the case in civilian channels. After spending months away from my family, losing my job, being completely outcast from almost everyone that I had known and was friends with, and being told that I will probably do seriously unpleasent time in prison, I was offered a plea bargain. Plead guilty to child molestation, receive a first-offender's verdict and do probation time, which I was assured by my lawyer would not last 2 years. In court, a new judge said no to the offer, and I received a 10 probation sentence. I have transferred to my home state to only be driven out by the laws there and the probation people who refused to listen to my story and believe it - I had to tell them how I had molested my child or be forced out of the state - and I refused to make up something for them just because they needed to hear that, knowing that I would eventually be required to take a polygraph test there that would show these lies. I volunteered to take the polygraph there, only to be told I was trying to play the system, and I was forced to leave the state or be arrested. That ended my marriage of nearly 17 years. I have been on probation now over 5 years, but this year the state of GA has passed new legislation that has fired me from my job managing a business, has me prepared to leave my home of nearly 4 years because of bus stop provisions, and has denied my unemployment claim and has me facing life on the street - which is not acceptable for a registered sex offender, so I guess I'm facing possibly going to prison, and all over a polygraph test. 
  I have just discovered this site, and have not had time to read many posts, but I wondered if there was anyone out there that might be in a position to help me. My circumstance is that I filed a motion to reconsider first offender's status, and the judge ruled at the time that he could issue a ruling on it at any point in the future. However, this judge has retired, and the new judges do not want to touch my case. Any time I have tried contacting a judge's office directly, I am driven off by the secretaries and assistants, who insist there is no way to do what I want to do, which is simply talk to a judge and explain how this whole situation came about. If there is anyone who might have valid suggestions, or might know some person or organization that I might ask for assistance, I would be so thankful. My children are graduating school and I have lost so much time with them, and I hate to lose anymore if there was something that could change.
  My thanks in advance.
  
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Re: Criminal Charges after Polygraph
Reply #1 - Oct 3rd, 2006 at 10:25pm
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Are you saying that you confessed to molesting your children?
  
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Re: Criminal Charges after Polygraph
Reply #2 - Oct 4th, 2006 at 12:43am
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No. I'm saying that after the polygraph, a report was written stating that I had. I had never said anything like that, but that was what their line of questioning was. It made it very hard to defend myself from these charges, especially when 2/3 of the report was classified.
  
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Re: Criminal Charges after Polygraph
Reply #3 - Oct 4th, 2006 at 10:07pm
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But you did plead guilty at some point, correct?
  
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Re: Criminal Charges after Polygraph
Reply #4 - Oct 5th, 2006 at 5:44am
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Yes, I did. I was told that was the only way I was going to be able to get my family back together. Obviously I was not wanting to, but I did. That was for the plea bargain that wasn't supposed to carry a guilty verdict, which was eventually not allowed by the judge (although he has left a motion open to reconsider his decision on first offender's status, which would in effect erase the guilty verdict). 
  Like most of the people who know me, you are probably asking yourself why I would plead guilty to something I didn't do, especially to something so terrible. There are many factors involved, and being as depressed as I was and as long as it had all drug out, I thought that this was an answer to prayer and was going to be the end of this ordeal, but it was just the end of the beginning.
  
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Re: Criminal Charges after Polygraph
Reply #5 - Oct 6th, 2006 at 3:12pm
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The big secret Intel agency has to be NSA - if there is abuse/dysfunction is someone's background, then they work for NSA !  Cheesy
  
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Re: Criminal Charges after Polygraph
Reply #6 - Oct 6th, 2006 at 7:39pm
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One of the most unfortunate consequences of my FBI polygraph experience is that it has fostered a deep mistrust of our legal system for me.

I have seen admission inflation first hand.  In my case I admitted to an innocuous offense that would have never disqualified me.  That led to a chain reaction of ever increasing suspicions and accusations.  The polygrapher hand-wrote a statement in the first person (as if I was writing it) and wanted me to sign it admitting to much more devious intentions.

In my case, I refused because it was not at all what I had done.  And of course I got the "inconclusive" result and sham retest, but I never had a chance.

So, I have seen how polygraphers and LEOs take something small and just keep digging at that angle to make something much bigger.  I cannot say whether you did or did not do what you are accused of.  I can say that I believe your claims to perfectly within the realm of possibility given what I've seen.

In another case, one of my in-law relatives was accused of sexual misconduct.  I know him, and have a hard time believing that he did what he was accused of.  But I can't say for certain one way or another.  However, the prosecutors gave him a choice -- admit guilt and go to jail for 60 days, or go to trial and face up to five years.  Just assume you were innocent, but it was your word against another's.  There is at least a 50 percent chance you go to jail for a long time if you fight it.  So in his case, he took the 60 days and the prosecutor got to notch another "win" for society.  When you give people such unpalatable choices, I can see why someone who is innocent might plead guilty just because of the awful consequences if he did not.
  
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Re: Criminal Charges after Polygraph
Reply #7 - Apr 18th, 2007 at 4:45am
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I know this is an old post, but I found it interesting.  I don't believe the original poster one bit.  I believe that he is guilty, and I find it really hard to believe that he would be charged for a crime in which there is not a shred of evidence that he did.  No witnesses, no physical evidence, and no confession.  How could he ever get convicted of this because of the testimony of a polygrapher who falsely made up a confession during the interview.  Newsflash: They usually audio tape all polygraph exams.
  
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Re: Criminal Charges after Polygraph
Reply #8 - Apr 14th, 2009 at 8:12pm
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There is a good chance that the original poster is lying. The story, however, is plausible. It does not happen too often though.
  
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Criminal Charges after Polygraph

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