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Very Hot Topic (More than 25 Replies) Unlawful Referral Scheme Alleged in Dallas-Fort Worth Metroplex Post-Conviction Sex Offender Polygraph Testing (Read 112859 times)
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Re: Unlawful Referral Scheme Alleged in Dallas-Fort Worth Metroplex Post-Conviction Sex Offender Polygraph Testing
Reply #120 - Mar 13th, 2009 at 4:37pm
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OK, yesterday I have learned some terrible truths which have become problems.  Some can be solved; most can not.

#1

In my opinion my counsel is inadequate for the purposes of this case.  She is a good lawyer but is outmatched here in matters of aggressiveness; in other words she is too nice.

Solution:

She has bee informed last night that her services in the courtroom are no longer required.  I will proceed pro se in the remainder of this case. 

#2

This judge has already made up his mind and jeeps threatening my wife’s future and I am sick of hearing it.  Apparently he feels I am some overpowering, domineering, evil person who has forced her into this and am forcing her to stay.  This of course is far from the truth; I have wanted to take the above step months ago and have been talked out of it at every turn.

The judge has let the defense get away with every unethical, borderline illegal, chicken shit thing they have done, while he wrings his hands in glee while he tells a woman that her law career is over if she continues in this case.

Solution

See solution #1

#3

There is no way I van get a fair trial at this point.  I don’t know if it is because the judge doesn’t like me, afraid of losing campaign contributions or just wants to protect the good ole boys net work which Tarrant County seems to want to keep in place. 

DO I thing the judge is intentionally not being impartial, yes. There I said it and it is something I have wanted to say for months.  I would say it to his face if given the chance, but I can’t seem to get a word in edgewise.

Solution

Bend over and hope for at least a reach around while I fight like hell and pull no punches; no fear. 



#4

I have been told by the judge to consider the defenses offer of paying them.  This is a clear indication that the judge has made up his mind after only two witnesses into the trial one of them dropped the ball about two dozen times and the other one couldn’t remember much, and in some cases in my opinion outright lied.

Solution

As to the judge, it is not an election year so there is no solution.

Regarding the polygraph examiners there offer of paying them 10K is rejected.  I have no chance of paying them 10K any more than I have of paying them 20 to 50 K.  When I was presented with the settlement I believe the first response I had was “they can suck my left nut.”

An offer was extended to them with a number that I feel I can pay over time and to Mr. Holden the offer was a bit more generous because I would be letting him off the hook legally for the lieguytoo thing.  Otherwise that suit goes forward and it will be aggressively and publicly prosecuted.

#5

This turn of events has made a powerful good ole boys system almost invincible.  The only victims here will be the community.  These polygraph firms have stopped trying to put out quality work because, well, where else are you going to go.  There is little competition and what competition there is lacks the recourses, funds and power to wage any kind of fight against an unbreakable wall of monopolies.

#6

Even is my some miracle I win, I still don’t have a chance around this area.

Solution

Tarrant County and the surrounding counties are on their own.  All people who want fair and unbiased polygraph testing are on their own. Everyone in the area who wants quality polygraph testing over the crap Wood’s and Behavioral Measures is turning out, is on your own.  All the polygraph examiners and treatment providers who told me privately to keep up the good fight while hiding in a foxhole can go to hell.

When I needed these people the most they were not there.  Their fear and their indifference has made a strong monopoly stronger.  I quit and I am out of here.  Fenian Polygraph Services is moving out of the area; and when I say out of the area I mean out of the area.  As I sit in my office alone, abandoned and broke the thought that I wanted to do the right thing and make the world a better place makes me want to vomit.

You people want Holden and Wood that much, have them.  But when the truth does come out and someone has been found re-offending and passing polygraphs, don’t get angry when I say I told you so; and don’t come crying to me; I won’t care.

That is the worst part about this.  I simply don’t care anymore; I am a man with literally nothing to loose any more. 

This fight is now going to get ugly and I will pull out every stop and expose every dirty secret to the light of truth.  I will fight in anyway I know how just short of demanding pistols at ten paces, personally I things would have been solved faster that way.  After this fight is done, I am leaving North Texas, highly unlikely to return.

I hope everyone enjoys the bed in which they made.
  

Joe
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Re: Unlawful Referral Scheme Alleged in Dallas-Fort Worth Metroplex Post-Conviction Sex Offender Polygraph Testing
Reply #121 - Mar 13th, 2009 at 10:00pm
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Quote:
In my opinion my counsel is inadequate for the purposes of this case.  She is a good lawyer but is outmatched here in matters of aggressiveness; in other words she is too nice.

Solution:

She has bee informed last night that her services in the courtroom are no longer required.  I will proceed pro se in the remainder of this case.  


I believe that the great Abraham Lincoln once said something notable with regard to pro se representation.
« Last Edit: Mar 13th, 2009 at 10:29pm by G Scalabr »  
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Re: Unlawful Referral Scheme Alleged in Dallas-Fort Worth Metroplex Post-Conviction Sex Offender Polygraph Testing
Reply #122 - Mar 14th, 2009 at 2:00pm
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Joey

Truely a sad case.  Even sadder, you and you alone created this mess, but you appear to have learned nothing from your mistakes.  Let it go, pay off the people you sued, and look for a profession where a pugnacious nature is more useful than good judgement.

  

No good social purpose can be served by inventing ways of beating the lie detector or deceiving polygraphers.   David Thoreson Lykken
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Re: Unlawful Referral Scheme Alleged in Dallas-Fort Worth Metroplex Post-Conviction Sex Offender Polygraph Testing
Reply #123 - Mar 14th, 2009 at 6:13pm
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Quote:
All people who want fair and unbiased polygraph testing are on their own.


Kind of an oxymoron.

TC
  

"There is no direct and unequivocal connection between lying and these physiological states of arousal...(referring to polygraph)."

Dr. Phil Zimbardo, Phd, Standford University
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Re: Unlawful Referral Scheme Alleged in Dallas-Fort Worth Metroplex Post-Conviction Sex Offender Polygraph Testing
Reply #124 - Mar 14th, 2009 at 6:27pm
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Ah another anonymous coward heard from.  Happy to criticize me behind the not so thick walls of secrecy without even reviewing the facts.  You see everyone, I am not guilty of filing anything in bad faith; what I am guilty of is exposing the truth about what is going on.  They also apparently don’t like the fact that I can be a wee blunt and obnoxious when backed into a corner. 

I have a question for you.  Why should I care what a coward who hides behind a keyboard thinks about me?  Right, wrong or indifferent, I seem to be the only polygraph examiner in the country who is brave and confident enough to post any opinion or fact and put my name on it.  I don’t suffer cowards or sneak thieves.

I hear a lot of criticizing but not a lot of people offering equitable solutions to the problem.  I will be posting my proposed solution to getting this done quickly which will either vindicate me or damn me.  My attorney is looking over my proposal now.  Because Mr. Holden’s lawyer has made it clear that they will listen to or entertain any new offer to settle (whose being unreasonable now Noah) posting it here is the only sure fire way of extending the offer to anyone.
  

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Re: Unlawful Referral Scheme Alleged in Dallas-Fort Worth Metroplex Post-Conviction Sex Offender Polygraph Testing
Reply #125 - Mar 14th, 2009 at 7:35pm
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Holden and his bunch settled and then changed their minds when the settlement didn’t suit them.  I did let it go. But I am not going to let go of the fact that I did not file the suit in bad faith and I will not let go that I was essentially lied to and conned into thinking there was a settlement by the defendants.  It is just another example of polygraph examiner lying to get their way and then disparaging the person who points those lies out. This seems to be the SOP of the north Texas polygraph industry.

I did not file this suit in bad faith and I am not going to be extorted.  I have no money to pay anyone. The defendants have been very effective in closing me down, I have decided to close my doors by the end of the summer, the end of the year at most.  That is what they wanted; now they have it.  If they want me to close down by the start of the summer I am fine with that.  Essentially I will be out of their hair in north Texas.  They have their little deals and apparently the deals still exist because there is no way they are doing a better overall job than I am. 

My lack of witnesses is not due to a lack of witnesses.  It has everything to do with the fact that there are people who knows what is going on but they are all afraid to step forward.  When David Kilpatrick wrote this is an issue which needed to be settled in the Courts, we took that suggestion.

I am in the correct profession.  I am a seeker of the truth and everything I have said has been just that or my opinion.  It is very sad.  It is very sad that someone agrees to a settlement and then backs out of it when he is caught with his pants down (figure of speech).  It is sad that I have gone four months thinking that this chapter was behind me only to be tortured through another experience when it could have all been done in October.  They are playing games with me just like they do with their examinees.  I did make an offer which I have maybe half a chance to pay over time.  I would drop the defamation suit (which is dead bang) and by the end of the summer I am closing my doors so they get their little racket back. 

They rejected the offer.  Who’s being unreasonable here?  They want to “punish me” and “teach me a lesson”.  It is that plain and simple.  It has nothing to do with money and everything to do with making an example of me.  This is what happens when someone disturbs the balance of power which they created.  They think I will cave just because they are stronger than me financially, politically, and in social status. 

I have no money; I am thousands of dollars in debit; I have no assets; when I close down I will have no income; I hold no stocks or bounds, I have no life insurance; no estate and everyone is telling me that I have no future.  So for the most part I rank no higher than a dead man or a rock.  It is pretty hard to get any money out of either of them.  That is what I find so funny about them.  On one hand they want to destroy me and take me out of polygraph.  They want to take my job and profession away form me.  Then on the other hand they want money they will never be able to collect because they achieved their goals and drumming me out of the business.  You can’t have your cake and eat it too.  They have already achieved their goal of pushing me out and isolating me.  I have given an offer where they have a chance to see some of their precious money.

But beware of the phoenix who rises from the ashes.  The ass you kick today may very well be the ass you will have to kiss tomorrow.  That was one hard lesson we have all had to learn at one point or another. 

I know there is no way I am going to get a fair trial.  I know the Judge has already made up his mind.  That is clear by what I heard him tell my lawyer.  I now know there is favoritism because one lawyer gets a two week extension because he wants to go on spring break.  I asked for an extension and am told that it would set the trial off a month or two and then he feed a bunch of bullshit that “justice delayed is justice denied.”  I listened to what he was saying and decided that he was right.  There is no use in prolonging things to cost more money and heartache.  Therefore, I withdrew my request.  Days later, a lawyer got a special setting that he wouldn’t give me so the lawyer can go to spring break.  The Judge forced us into trial quickly in the first place and then he extends it over spring break? Come on!  Justice delayed is justice denied seems to be a one way street in his court room.

I don’t think the evidence is going to be brought into consideration at all.  I think how the Judge and everyone else personally feels about me and my lawyer will be the deciding factor over me wining or losing this trial.  Not even half of the evidence has been heard, but the Judge feels confident enough to tell my attorney that if she continues, she could be sanctioned and does so in a way that I can hear it.  How am I supposed to feel?  I’ll tell you how I feel.

The Judge has made up his mind already, or at least that is the impression I am under.  If I am found liable, I will appeal and will continue to do so until I am heard fairly. 

I have been taking my medicine for coming here to AP.  I am a damn good polygraph examiner, better than my defendants in my opinion.  There are others who share that opinion, who are examiners, therapists, and officers alike.  I have been able to get answers where others could not.  In one case, I accurately detected sophisticated countermeasures where two of the defendants could not and have been beat.

I have an idea during the two week break in the slaughter.  This offer was extended before and I will extend it again.  A chance to end all of this quick and fair.

I will still step up and take any polygraph from any examiner regarding the issue of if I filed in bad faith.  It will have to be an R&I to protect the validity of the test.  The same rules I laid out in the April posting applies.  But there is a catch.  If I pass then it is done. Everything gets dismissed and we can all go back to the peace we all had from October 2008 to January 2009.  If I fail, then I will stipulate to the 10K.  I think this sounds reasonable.  I am convinced that I will pass, because I tried to avoid having to file that suit.  I know that there will be defendants who will fail because I am convinced that they are doing this. 

I believe in polygraph that much where I am willing to put my money where my mouth is.  I wonder if Mr. Holden believes in polygraph that much.  He states it works every time he gets on the stand.  Talk is cheap Eric; put your money where your big mouth is. 

This is their big chance to shame me totally in the polygraph industry.  On the other hand, it is also a chance for me to vindicate myself too.  To me this is not a gamble.  I know how my test will come out.  I wonder if he is so convinced. 

He could always accept the offer in which I have given, which goes off the table at midnight tonight Texas time.  The offer for polygraph is open till further posted notice.   But all the stipulation of the test will be agreed to in a Rule 11 before I sit for the test.  I know better than to take anyone’s word now.

If all the polygraph examiners on this board believe in polygraph as much as you say you do, this should be a reasonable offer.  Or is antipolygraph.org right that even the most experienced polygraph examiners won’t drink their own KoolAid?
  

Joe
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Re: Unlawful Referral Scheme Alleged in Dallas-Fort Worth Metroplex Post-Conviction Sex Offender Polygraph Testing
Reply #126 - Mar 15th, 2009 at 2:00am
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Joey,

To discuss your case prior to trial is not wise  If this is getting out of hand for you, possibly you can work in another state where you don't have these problems.  To represent yourself is a mistake IMHO.  I don't work in Texas anymore and have a good business in another state.  Think about it for awhile.  Best of luck.
  
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Re: Unlawful Referral Scheme Alleged in Dallas-Fort Worth Metroplex Post-Conviction Sex Offender Polygraph Testing
Reply #127 - Mar 15th, 2009 at 8:29pm
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Hunter,

Thank you so much for your kind words.  I have a few options which I am exploring and have already started to lay a foundation for the future.  There are two areas which I am primarily looking that have markets where slow but progressive growth is possible.  

One thing is for sure, I never want to relive this nightmare again.  I believed something was wrong and still do, I stand by what I did and truly believe I did the right thing given the situation I was in and the surrounding circumstances.  

We are in an industry where honesty and integrity are promoted to others while these two virtues are cast aside as trivial in certain cliques within the industry.  

Be that as it may, I feel I have devised an offer which everyone can walk away a winner in one way or another.  I feel it is a very reasonable offer and an offer that will prove my commitment to my anti monopoly principles.  It meets Mr. Holden’s demands only without the apology.  I would rather drink gasoline and piss on a brush fire before I apologize to the likes of him.  If I were wrong I would apologize, but I am not so he will get no such pleasure from me, just as I am sure I will get no such pleasure from him.  He will walk away with guaranteed money, and I walk away saving face.  I’m happy, he’s happy, other than hating each other’s guts, we will all be happy.  

This time there will be no more games in closing the deal.  If he does accept the offer, it will be closed and finalized in an expeditious manner to prevent any future “misunderstandings.”  I can not and will not trust any of their handshakes and promises again.  I am the only one who kept to the last agreement in good faith in my opinion.  Extending this beyond October of 2008 falls squarely on the shoulders of either Mr. Holden and or Mr. Webster, in my opinion.  Anyone who walks away with less than they think they deserve can gripe at one or both of them.  One of them lied, bottom line, go and pitch your fits to them.  I don’t want to hear them; my give a damn is busted, as they say in Texas.  

Hunter, once again thank you for your kind words and advice.  You have been one of the few persons who have approached me as a gentleman and some day if our paths cross, you will see I always give the same respect and courtesy three fold.  There are some who will call me a liar, but they already have knives with their names on it in my back.  
« Last Edit: Mar 15th, 2009 at 8:49pm by Joe McCarthy »  

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Re: Unlawful Referral Scheme Alleged in Dallas-Fort Worth Metroplex Post-Conviction Sex Offender Polygraph Testing
Reply #128 - Mar 15th, 2009 at 11:15pm
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the fighting irish

I have a question: What happened to the threat on your life. That's a felony not to be negotiated.

I guess you have learned a couple of things here. 1. When you're fighting an entrenched network whether it be city, county, state or federal, you gather your evidence (covertly if necessary) and present it in court rather than an open forum like AP. 2. you should never mention a judges name likewise. I am sorry you're giving up.

Best of luck where ever you land. Keep us informed
  
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Re: Unlawful Referral Scheme Alleged in Dallas-Fort Worth Metroplex Post-Conviction Sex Offender Polygraph Testing
Reply #129 - Mar 15th, 2009 at 11:48pm
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Twoblock wrote on Mar 15th, 2009 at 11:15pm:
the fighting irish

I have a question: What happened to the threat on your life. That's a felony not to be negotiated.

I guess you have learned a couple of things here. 1. When you're fighting an entrenched network whether it be city, county, state or federal, you gather your evidence (covertly if necessary) and present it in court rather than an open forum like AP. 2. you should never mention a judges name likewise. I am sorry you're giving up.

Best of luck where ever you land. Keep us informed


Fighting Irish, remember those meaningful wishes were offered to you by the same poster who thought it was "silly" when I complained that you were being anonymously accused of an unsubstantiated crime in this forum, then he insinuates that you are a quitter, then wishes you luck and encourages you to keep posting.

I suspect the Anti-Polygraph crowd cares little for your situation other than as fodder for their AP rhetoric.  You alone need to decide what course of action will be best for you and your family in the long run.

At the end of the day they are what is most important or should be. If you make your decision with that foremost in your mind, it doesn't really matter what you do for a living or where you do it and it isn't likely you will take the wrong road.

At this point I think you should beware people who may just be trying to stir you up just for the entertainment value they get from your misery.
  

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Re: Unlawful Referral Scheme Alleged in Dallas-Fort Worth Metroplex Post-Conviction Sex Offender Polygraph Testing
Reply #130 - Mar 16th, 2009 at 9:17am
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Ed Earl

You need to stop applying your stupid remarks to me. That does make you look silly. I do not take a threat on one's life lightly. The post I made to Fighting Irish was telling him what i thought he was doing wrong and how I would handle a threat on my life. According to his posts i thought he had a good case but was offering to much information to the defendants here which was apparently the case. I was pulling for him to win because i hate powerful, entrenched networks. I have been exposing them for 50 years. He seems like an honest man trying to do a reputable job void of any skulduggery that is rampant in any powerful, entrenched entity. Just because he's a polygrapher doesn't mean that I'm not sincere in wishing him the best of luck. There might be one or two more polygraphers out there with his integrety.

BTW - who were you posting as then and of what powerful network are you a part?
  
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Re: Unlawful Referral Scheme Alleged in Dallas-Fort Worth Metroplex Post-Conviction Sex Offender Polygraph Testing
Reply #131 - Mar 16th, 2009 at 12:38pm
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Tsk Tsk Tsk
OMG  YOU HAVE DISCOVERED OUR SECRET POWERFUL NETWORK!!

I guess there isn't anything left to do but admit it.   SIGH....

Twoblock,  I am part of the Anti-Anti-Polygraph, Anti Cheating on Pre-employment Test, Anti-Lying to the Police, Anti-Uninformed-Curmudgeon, Network.

We are a small but dedicated group; fighting against those who try to convince people they are better off lying and cheating than they are telling the truth. We abhor those who continually cite statistically inconsequential anecdotes, over-generalizations and misinformation as proof of their arguments.

Yes Twoblock, We are the "AAPACPTALPAUCN". T-shirts, Coffee mugs and Mouse pads are available for a small fee. All proceeds will be spent educating people about:
Our belief that the use of polygraph countermeasures evidences a lack of personal and professional integrity,
The potential consequences of choosing the "Liars Path",
How to avoid using the preposition, "to", when the adverb, "too", is the appropriate word,
Dispelling the myth that Columbus was a great explorer who discovered that the earth was round, when he was actually a genocidal liar who repeatedly got lost instead finding his intended destination. and
Any other cause that furthers the goals of our organization.

We’re kind of like lifeguards; people still drown, but if you have a lifeguard on duty, you’ll save more than you lose.

We even have a secret handshake and high sign.

How is any of that, your concern?
  

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Re: Unlawful Referral Scheme Alleged in Dallas-Fort Worth Metroplex Post-Conviction Sex Offender Polygraph Testing
Reply #132 - Mar 16th, 2009 at 3:21pm
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Ed Earl

Now you sound like you're 6 bricks short of a load. What the hell does all this Pelosi rhetoric have to do with your misapplication post about me to Fighting Irish. Yet I have to remember that misapplication is routine in your trade.

Would you do better discussing particle separation???
  
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Reply #133 - Mar 16th, 2009 at 3:25pm
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Ed Earl, Twoblock (and all),

Any further posts to this message thread should substantively, civilly, and non-argumentatively address the original topic. If you wish to discuss unrelated matters, you may use the private message feature of this message board.
  

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Re: Unlawful Referral Scheme Alleged in Dallas-Fort Worth Metroplex Post-Conviction Sex Offender Polygraph Testing
Reply #134 - Mar 16th, 2009 at 6:44pm
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NUFF SAID!!!!!!!

There is already too much personal hatred and bickering going on, and it is something I am trying to put an end to.

I saw a wrong and tried to make it right and it appears that I lost. 

I thought I was out in October and then they pulled me back in.  I am not happy about it and I think it was nothing more than a cheap trick; but it is a trick that has thus far worked. 

I am going to finish this and walk away form it.  If Tarrant County wants these people that bad, they can have them.  I am going to go and make an honest living, running honest tests elsewhere.  The Texas Youth Commission thing came to a head and blew up in the States face; this will too.  When it happens, not if, but when, I will be there smiling telling everyone I told them so and watch The Texas Attorney Generals Office send in their damage control. 

From October to late January there was an uneasy peace, but there was a peace none the less.  Despite the fact that I was still being isolated and pressured out, at least I knew a few nights of good sleep.  I would like to get to that point again.

As far as the threats and the whole lieguytoo thing, it is clear the judge doesn’t care and has no intention on addressing the issue.  The focus is on giving the defendants justice at the cost of my entitlement to justice and satisfaction under the law.  It is apparent that the judge condones the actions and is therefore unconcerned.  Maybe he doesn’t care maybe it is more common place than I thought and not an issue worth addressing even in passing. 

The defamation suit is being severed and sent to another judge.  I hope we can settle it and everyone can walk away.  That depends on the defendants being reasonable.  Either way they win no matter how this comes out.  I am gone and things can go back to business as usual and the “community” can be “protected” by inconclusive results and false NDI’s. 

The past year has jaded me in a way that I had never imagined.  I now truly feel the justice system is stacked against the little man even if the little man is right; Justice is not blind; and polygraph needs another overhaul like 1988. 

In the meantime I just want to make a quiet living doing what I do best and better than others do.  There are examiners out there with integrity who want nothing more but the best for society.  I know a few personally and have spoken to many.  Sadly it seems, we are a dying breed.

Now, I don’t know how Christopher Columbus got into this debate, but the administrator is right.   
  

Joe
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