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The Crystallynn Girard Murder Case: Yet Another Failure of the Polygraph
Apr 30th, 2008 at 7:03am
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Crystallynn Girard (1979-1993)


On Valentine's Day 1993, 13-year-old Crystallynn Girard was found dead in her bedroom, apparently strangled. Days after the death, a suspect, Dennis Donohue, passed a polygraph "test," was granted immunity, and provided grand jury testimony that helped indict the victim's innocent mother, Lynn DeJac, of the crime. DeJac was convicted and sentenced to 25 years-to-life in prison. But after DeJac had spent 13 1/2 years in prison for a crime she didn't commit, DNA evidence from the crime scene (and in the victim's body) strongly implicated the polygraph-passing Dennis Donohue.

Donohue has been linked to two other murders, one of which -- that of Joan Giambra -- took place on 9 September 1993, some seven months after Donohue passed the polygraph in the killing of Crystallyn Girard. In this case, as in that of Green River Killer Gary Leon Ridgway, it appears that someone died in part because incompetent investigators were foolish enough to rely on the pseudoscience of polygraphy.

The following are frame grabs from video of the February 1993 polygraph examination of Dennis Donohue, excerpts of which were aired by WGRZ television news of Buffalo, and which video has been posted to LiveLeak.com:







Lighting up a cigarette after finishing the "test," Donohue asks how he did. The polygrapher says, "Your answers were good":



A recent article about the case, "N.Y. detective's dedication saves a life," by Associated Press reporter Carolyn Thompson, is attached in PDF format.
« Last Edit: Apr 30th, 2008 at 9:37am by George W. Maschke »  

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Re: The Crystallynn Girard Murder Case: Yet Another Failure of the Polygraph
Reply #1 - Apr 30th, 2008 at 9:04am
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The polygrapher who passed Dennis Donohue would appear to be Thomas E. Armitage, who upon his retirement in 1996 was the Buffalo Police Department's only polygraph operator.

Update: Here is the full article on Armitage's retirement, which does not mention the Crystallynn Girard murder case:

Quote:
The Buffalo News

January 21, 1996

NO LIE: POLICE POLYGRAPH OPERATOR WILL RETIRE

Author: JANE KWIATKOWSKI - News Staff Reporter

Edition: FINAL
Section: LOCAL
Page: C4

His wife won't dare lie to him.

Such is the skill of retiring Detective Thomas Armitage, the Buffalo Police Department's only forensic psychophysiologist, that not many people get away with lying at all.

The veteran polygraph operator is ending a 28-year career in law enforcement after quizzing more than 4,000 men and woman for everything from pre-employment interviews to murder probes.

"You have to be a chameleon in there, depending on the person you are talking to," said Armitage, 55.

Make that a large chameleon. Standing more than 6 feet tall and weighing 230 pounds, Armitage presents an imposing figure -- to those not familiar with his infectious laugh.

"He's a character," said Capt. Charles T. Fieramusca, chief of the Homicide Bureau. "He's fun to be around."

Fieramusca, no doubt, never was in the polygraph hot seat, where heart rate and pulse strength -- not to mention sweat beads -- are monitored.

"Did you know you have over 2,000 sweat pores per square inch on your fingertips?" Armitage asked.

Armitage knows physiology, and he defines those he tests by theirs. Not too long ago Armitage interviewed a 73-year-old man who had been accused of taking $20,000 in a house burglary.

"The guy had great physiology -- 6 foot 4, real lean," Armitage said. "I've seen guys in their 20s who don't look this good on paper."

Another session brought what Armitage called "the classic," an arsonist wound up confessing to starting seven major fires.

"I'll never see it again. We had coffee. We had cigarettes. We had pop. And then he tells me the reason for all these arsons was sexual gratification. There are people who set fires for sexual gratification."

And he laughs.

Armitage follows a routine in his testing. The session itself is preceded by a 45-minute, pretest interview.

"You take away a lot of unknowns," Armitage explained. "It relaxes the truthful person and intensifies the anticipation of the deceptive person."

The first question is always the same, Armitage added.

"'Were you born in the United States?' Every darn time, so they get used to your voice.

"Basically I'm shooting from the hip," he said. "You must maintain total control of the situation at all times."

Armitage did not always have control of all situations, according to those who knew him years ago.

"He was a very assertive and aggressive young recruit who would not back down from anyone," recalled Fieramusca, who attended the Police Academy with Armitage.

"He's mellowed with age and experience," Fieramusca said. "He's learned from those 28 years that you don't fly off the handle immediately."

During 32 years of marriage, Rosalie Armitage said her husband rarely brought his work home with him.

"He sort of learned after this many years to let it go," Mrs. Armitage said. "In the summer, he'll cut the grass to wi! nd down. Now he'll shoot a few squirrels or walk through the woods."

Armitage admits he leaves a polygraph session "in worse shape than they are. I come out wired," he said. "I hold a person's destiny in my hands."

Armitage has not spent his entire police career in the polygraph room. He started out in the Motorcycle Division and was a member of the Special Weapons and Tactics team for 13 years.

Armitage figures that half the tests he conducted were related to criminal cases.

"Ninety percent of them are truthful people; 10 percent are DI (deception indicated) and 85 percent of those wind up confessing. Everyone has got their button," he said.

Armitage said he is leaving his beloved job with "great apprehension. Psychologically, it's very difficult because I really like this job."

The department, meanwhile, plans to offer polygraph training to three senior detectives, according to Commissioner R. Gil Kerlikowske, who said! , "Tommy has an excellent reputation."

The Armitages have two sons -- Thomas, 29, and John, 27. Mrs. Armitage said the entire family has walked the straight and narrow, thanks to her husband's keen sense of truth. "Would I lie to him?" she said. "No. He's too good at his job."

Caption:
DENNIS C. ENSER/Buffalo News Detective Thomas Armitage conducts one of his last polygraph tests for the Buffalo Police Department before retiring after a 28-year career in law enforcement.

Copyright (C) 1996, The Buffalo News
Record Number: BFNW60210212
« Last Edit: May 1st, 2008 at 6:10am by George W. Maschke »  

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Re: The Crystallynn Girard Murder Case: Yet Another Failure of the Polygraph
Reply #2 - Apr 30th, 2008 at 2:39pm
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George W. Maschke wrote on Apr 30th, 2008 at 9:04am:
The polygrapher who passed Dennis Donahue would appear to be Thomas E. Armitage, who upon his retirement in 1996 was the Buffalo Police Department's only polygraph operator.


Yet, Sackett and his possy would have us all believe that this too was some RARE event. 
Tell that to the woman who spent 13 yrs in jail!!! 
Thanks George! Wink
  
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Re: The Crystallynn Girard Murder Case: Yet Another Failure of the Polygraph
Reply #3 - Apr 30th, 2008 at 3:39pm
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George,

you report he was granted immunity from prosecution after "passing" a polygraph test.  Why would anyone NEED immunity if they passed a polygraph.  I have never seen anyone who passed a police polygraph "needing" immunity.   

Seems to me there are other factors involved which are not being reported (purposefully or not) which implicated Armitage and since there was no other evidence, prosecution was not possible.  Therefore, polygraph obviously played NO substantial part in this investigation.   

It seems you're attempting to make hay where there is no straw!

So what's your point on polygraph, anyway?  He reportedly "passed" his examination.  In 1993!  A Buffalo PD guy, probably an Arthur graduate, meaning he (probably) relied more on non-verbal behavior and physical cues than polygraph (a known Arthur trait who also uses "global" evaluation and not numerical scoring). A LOT has changed since then!   

Furthermore, and for the not-so-criminologically inclined readers; DNA does NOT prove guilt or innocence! It simply establishes presence! 

Sackett
  
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Re: The Crystallynn Girard Murder Case: Yet Another Failure of the Polygraph
Reply #4 - Apr 30th, 2008 at 5:54pm
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Sackett

I just read on the net where another Texas prosiner, the 17th. in Texas alone I believe, has been judged innocent by DNA. Have you not read where many have been judged guilty by DNA alone?
  
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Re: The Crystallynn Girard Murder Case: Yet Another Failure of the Polygraph
Reply #5 - Apr 30th, 2008 at 6:32pm
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sackett wrote on Apr 30th, 2008 at 3:39pm:
George,

you report he was granted immunity from prosecution after "passing" a polygraph test.  Why would anyone NEED immunity if they passed a polygraph.  I have never seen anyone who passed a police polygraph "needing" immunity.


I don't know why Dennis Donohue was granted immunity in exchange for his testimony, but the fact that he passed a supposedly scientific polygraph "test" no doubt influenced prosecutors' poor decision to grant such.

Quote:
Seems to me there are other factors involved which are not being reported (purposefully or not) which implicated Armitage and since there was no other evidence, prosecution was not possible.  Therefore, polygraph obviously played NO substantial part in this investigation.  

It seems you're attempting to make hay where there is no straw!


In your haste to rationalize away this catastrophic failure of polygraphy -- a failure that it seems ended up costing Joan Giambra her life -- you have conflated polygrapher and perpetrator. It's Dennis Donohue who is implicated by DNA evidence in the murder of Crystallynn Girard. Tom Armitage is my best guess as to the identity of the polygrapher who passed Donohue.

Quote:
So what's your point on polygraph, anyway?  He reportedly "passed" his examination.  In 1993!  A Buffalo PD guy, probably an Arthur graduate, meaning he (probably) relied more on non-verbal behavior and physical cues than polygraph (a known Arthur trait who also uses "global" evaluation and not numerical scoring). A LOT has changed since then!  


Speculation for the purpose of rationalization. The questions asked, listed in the frame grabs, clearly suggest that this was a probable-lie control question test, the technique most widely used by polygraphers across the USA. Specifically, the technique appears to be along the lines of the Backster S-K-Y technique: "Do you suspect anyone of ____? Do you know who ___? Did you ___?"

Quote:
Furthermore, and for the not-so-criminologically inclined readers; DNA does NOT prove guilt or innocence! It simply establishes presence!


But DNA evidence in the victim's body, and in a spot of blood on the wall, is pretty damning, don't you think?

Roll Eyes
« Last Edit: May 1st, 2008 at 6:12am by George W. Maschke »  

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Re: The Crystallynn Girard Murder Case: Yet Another Failure of the Polygraph
Reply #6 - Apr 30th, 2008 at 8:33pm
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0#3 date=1209569998]George,

you reported, " I don't know why Dennis Donahue was granted immunity in exchange for his testimony, but the fact that he passed a supposedly scientific polygraph "test" no doubt influenced prosecutors' poor decision to grant such."

To use your own words; "Speculation for the purpose of rationalization."

Also, "In your haste to rationalize away this catastrophic failure of polygraphy -- a failure that it seems ended up costing Joan Giambra her life -- you have conflated polygrapher and perpetrator. It's Dennis Donahue who is implicated by DNA evidence in the murder of Crystallynn Girard. Tom Armitage is my best guess as to the identity of the polygrapher who passed Donahue."

What is there to rationalize.  At the time of the examination/investigation they obviously had nothing to charge or proceed with against Donohue.  For that reason there is no presumption that a passed polygraph examination would have any impact on what occurred; other than your own presumptive rationalization.  It was not until DNA evaluation was made possible that this case would have gone forward.  THANK GOD! Your book was not on line at the time, else we could have blamed you for helping a reported murderer "beat" the examiner...

Speculation for the purpose of rationalization. The questions asked, listed in the frame grabs, clearly suggest that this was a probable-lie control question test, the technique most widely used by polygraphers across the USA. Specifically, the technique appears to be along the lines of the Backster S-K-Y technique: "Do you suspect anyone of ____? Do you know who ___? Did you ___?"

Possibly, but I don't see where I can watch the whole test, so there is really no way to truly know...

But DNA evidence in the victim's body, and in a spot of blood on the wall, is pretty damning, don't you think?

Yes, I do.  But it doesn't disprove Giambra's knowledge or involvement.  It simply establishes Donohue's presence, crime or not; I do not know.

Sackett
  
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Re: The Crystallynn Girard Murder Case: Yet Another Failure of the Polygraph
Reply #7 - Apr 30th, 2008 at 8:42pm
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Twoblock wrote on Apr 30th, 2008 at 5:54pm:
Sackett

I just read on the net where another Texas prosiner, the 17th. in Texas alone I believe, has been judged innocent by DNA. Have you not read where many have been judged guilty by DNA alone?


OK, once again and I'll type slowly.  DNA does not prove a crime, it establishes (proves) presence or donorship!  One can not be proven innocent by DNA; however, they can be cleared as not the donor through that evaluative process. If only one criminal is reportedly involved, and DNA establishes the suspect did not donate the source DNA, then he is cleared.

But, what happens when they commit the crime but do not donate DNA and someone after (co-conspirator) does...?  Again, good reason to be cautious of declaring innocent anyone solely from the DNA results, unless the case facts establish only one suspect.

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Re: The Crystallynn Girard Murder Case: Yet Another Failure of the Polygraph
Reply #8 - Apr 30th, 2008 at 9:03pm
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sackett wrote on Apr 30th, 2008 at 8:33pm:
George,

you reported, " I don't know why Dennis Donahue was granted immunity in exchange for his testimony, but the fact that he passed a supposedly scientific polygraph "test" no doubt influenced prosecutors' poor decision to grant such."

To use your own words; "Speculation for the purpose of rationalization."


Jim,

It's hardly speculation and in no way rationalization to infer that Donohue's passing a polygraph test influenced prosecutors' decision to eliminate him as a suspect. It's a rational inference entirely consistent with the reported history of the case.

Quote:
Also, "In your haste to rationalize away this catastrophic failure of polygraphy -- a failure that it seems ended up costing Joan Giambra her life -- you have conflated polygrapher and perpetrator. It's Dennis Donahue who is implicated by DNA evidence in the murder of Crystallynn Girard. Tom Armitage is my best guess as to the identity of the polygrapher who passed Donahue."

What is there to rationalize.  At the time of the examination/investigation they obviously had nothing to charge or proceed with against Donohue.  For that reason there is no presumption that a passed polygraph examination would have any impact on what occurred; other than your own presumptive rationalization.  It was not until DNA evaluation was made possible that this case would have gone forward.  THANK GOD you didn't have your book on line at the time, we could have all pointed to you and hypothesized your book helped him "beat" the examiner...


What you're rationalizing away is the fact that the polygraph failed to detect deception on Donohue's part, even though DNA evidence puts him at the crime scene. You seemingly cannot accept the fact that the polygraph failed utterly in this case. You want to explain it away. To blame the examiner, the technique used, anything but the inherent unreliability of the test that you have made it your career to administer.

Quote:
Speculation for the purpose of rationalization. The questions asked, listed in the frame grabs, clearly suggest that this was a probable-lie control question test, the technique most widely used by polygraphers across the USA. Specifically, the technique appears to be along the lines of the Backster S-K-Y technique: "Do you suspect anyone of ____? Do you know who ___? Did you ___?"

Possibly, but I don't see where I can watch the whole test, so there is really no way to truly know...


I haven't been able to see the whole video either. But the influence of Cleve Backster's S-K-Y technique is clear.

Quote:
But DNA evidence in the victim's body, and in a spot of blood on the wall, is pretty damning, don't you think?

Yes, I do.  But it doesn't disprove Giambra's knowledge or involvement.  It simply establishes Donohue's presence, crime or not; I do not know.


Giambra was a victim, not a perpetrator -- a victim who might still be alive had not Buffalo police relied on polygraph results to exculpate Dennis Donohue, who is currently standing trial for her murder, to which he is also strongly tied by DNA evidence. I hope you read the case files of any criminal suspects you polygraph more carefully than you read the posts in this thread before setting fingers to keyboard.

Roll Eyes
« Last Edit: May 1st, 2008 at 6:13am by George W. Maschke »  

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Re: The Crystallynn Girard Murder Case: Yet Another Failure of the Polygraph
Reply #9 - Apr 30th, 2008 at 10:18pm
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Sackett

You don't have to waste you time by typing slowly. I can detail read much faster than you can type.

Your quote "one cannot be proven innocent by DNA" doesn't jibe with the DA. He specifically said the man was deemed innocent of murdering his girlfriend by DNA. He was released from prison after 27 years, I believe. I would copy and paste the article, but it has gone away from the net.

What is your picky difference between cleared and innocent?

I typed this as fast as I could. Good luck reading it.
  
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Re: The Crystallynn Girard Murder Case: Yet Another Failure of the Polygraph
Reply #10 - Apr 30th, 2008 at 11:00pm
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George,

Nice try!  It is exactly specualtion and rationalization on your part (without knowledge of all the case facts) to insist Donahue's passing a polygraph regarding the Girard case prevented his continuation as a suspect in the any other case.  I am not sure I must have missed where Donohue took a polygraph in the Giambra case.  

Remember, polygraph is an investigative tool, NOT the end all to be all in investigations.  Does what you suggest occur?  Sure.  But if the DA or police had anything (at the time) concerning either case, they certainly would have considered it and probably discounted the polygraph results.  That happens all the time.  The police had nothing, so to suggest the polygraph results in one case presented itself as a wall for further consideration of involvement in that or any other case is rediculous.

At the time, there was no DNA.  So let's look at it from that time frame.  No evidence to suggest his involvement, no ability to pursue him.

OK george I get it.  False negatives occur.  If your purpose is to attack every infrequent case a polygraph is less than viable, then so be it.  But to attack the overall utility and accuracy because of a few select cases out of hundreds of thousands is a weak strategy.

Regarding Backer's SKY, point accepted.  My observation was that most NY examiners are Arthur trained and that his technique is vastly differing from that of other more mainstream schools.

George, first off I have little time to argue over mistaken names or misspellings.  I make my point and you are clearly smart enough to figure out what I am talking about.  Twoblock, on the other hand, is obviously having trouble though...  

Furthermore, there is no way to know if the victim Giambra would still be alive if the polygraph results pertaining to Girard were any different and to suggest so is disinformative and borderline insanity.  What you're suggesting is that had the results in the Girard case been different, Donohue would definitely not have committed any further murders?  You do not know that, neither does anyone else.  But, I guess it serves your purpose to connect dots that don't exist..

Finally, sometimes I am in a hurry to address issues here and get back to work so, head's up!  I will make mistakes. I leave myself, in those times, to the capable hands of the anti-vultures to attack me out of a lack of substanative issues.

Oh, and don't worry, I read my polygraph files very closely.  They are of absolute importance to me, unlike other readings I undertake for entertainment...

Sackett
  
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Re: The Crystallynn Girard Murder Case: Yet Another Failure of the Polygraph
Reply #11 - May 1st, 2008 at 3:00am
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Sackett

"Twoblock, on the other hand, is obviously having trouble though".

Damn. I figured that I was typing the last post too fast for you to comprehend. Especially when I quoted facts from the DA that debunked your opinion. I hate it when I wish someone good luck and they don't receive it.

BTW - I'm now setting on ready to leave for AK. Just waiting for the weather to warm up. I'm sure gonna miss your specious while Im up there.
  
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Re: The Crystallynn Girard Murder Case: Yet Another Failure of the Polygraph
Reply #12 - May 1st, 2008 at 1:27pm
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sackett wrote on Apr 30th, 2008 at 11:00pm:
Nice try!  It is exactly specualtion and rationalization on your part (without knowledge of all the case facts) to insist Donahue's passing a polygraph regarding the Girard case prevented his continuation as a suspect in the any other case.  I am not sure I must have missed where Donohue took a polygraph in the Giambra case.


Jim, I have not claimed that Donohue's passed polygraph regarding the death of Crystallynn Girard "prevented his continuation as a suspect in any other case." Nor have I stated that Donohue was polygraphed in connection with the death of Joan Giambra.

What I'm suggesting is that had not investigators relied on Donohue's passed polygraph, and had they not wrongly excluded him as a suspect in the death of Crystallynn Girard, then Donohue might not have been at liberty to kill Joan Giambra some seven moths later.

Quote:
Remember, polygraph is an investigative tool, NOT the end all to be all in investigations.  Does what you suggest occur?  Sure.  But if the DA or police had anything (at the time) concerning either case, they certainly would have considered it and probably discounted the polygraph results.  That happens all the time.  The police had nothing, so to suggest the polygraph results in one case presented itself as a wall for further consideration of involvement in that or any other case is rediculous.


Investigators either believe the polygraph community's claims that their "test" has an accuracy rate in the 90% percentile or they don't. If do believe such claims (which are unsupported by the scientific evidence), then investigatorial misdirection is inevitably going to result, as it appears to have in the Crystallynn Girard murder investigation.

Quote:
At the time, there was no DNA.  So let's look at it from that time frame.  No evidence to suggest his involvement, no ability to pursue him.


Donohue had both motive and opportunity. And he had been questioned in connection with the 1975 strangulation of Carol Reed, who lived in the same building and with whom he had had a relationship.

Quote:
OK george I get it.  False negatives occur.  If your purpose is to attack every infrequent case a polygraph is less than viable, then so be it.  But to attack the overall utility and accuracy because of a few select cases out of hundreds of thousands is a weak strategy.


Polygraph errors are not  so uncommon, and AntiPolygraph.org is not prepared to allow them to be swept under the rug or flushed down the memory hole. High-profile cases where killers passed the polygraph include the aforementioned case of Green River Killer Leon Gary Ridgeway, "Angel of Death" Charles Cullen, and "Woodchipper Killer" Richard Crafts. And these fooled the lie detector at a time when information on polygraph countermeasures was not readily available on-line.

Quote:
Furthermore, there is no way to know if the victim Giambra would still be alive if the polygraph results pertaining to Girard were any different and to suggest so is disinformative and borderline insanity.  What you're suggesting is that had the results in the Girard case been different, Donohue would definitely not have committed any further murders?  You do not know that, neither does anyone else.  But, I guess it serves your purpose to connect dots that don't exist..


It's true that we cannot know that Joan Giambra would not have been killed had not Dennis Donohue (apparently erroneously) passed his polygraph regarding the death of Crystallynn Girard. But it's a distinct possibility.
  

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Re: The Crystallynn Girard Murder Case: Yet Another Failure of the Polygraph
Reply #13 - May 2nd, 2008 at 4:30pm
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George,

I don't not care how you spin your answer.  You directly inferred and suggested that because Donohue (falsely) passed his examination concerning the first murder, that he was able to murder another several months later; thereby directly linking the false test results as a contributing cause to the additional murders.

Sad as the whole topic of loss of life, you are being dishonest in trying make that connection!  All for the purpose of bad mouthing polygraph.

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Re: The Crystallynn Girard Murder Case: Yet Another Failure of the Polygraph
Reply #14 - May 2nd, 2008 at 5:19pm
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Jim,

Yes, I'm unapologetically suggesting that it's entirely possible that but for Donohue's likely false negative polygraph result, and the consequent misdirection of the investigation toward the victim's innocent mother, Joan Giambra might be alive today.

Cold case detective Dennis Delano, whose efforts led to Lynn DeJac's exoneration, told WGRZ television reporter Scott Brown, "If it had been my investigation today, [Dennis Donohue] would have been my main suspect, and I wouldn't have got off him." But other Buffalo P.D. detectives did get off him...after he passed the polygraph.

It's no great stretch to suggest that had Donohue known that he continued to be a suspect in an active murder investigation, he might not have taken the risk of killing Giambra.
  

George W. Maschke
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The Crystallynn Girard Murder Case: Yet Another Failure of the Polygraph

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