The Crystallynn Girard Murder Case: Yet Another Failure of the Polygraph

[sackett]

That is usually when polygraph in criminal cases are administered; when most leads are exhausted.

To the best of my knowledge, that is simply not true.  Moreover, I find it difficult to believe that you think it is true.

Do you have some source you could cite or link to provide that would back up your assertion that polygraphs are usually only used in criminal investigations after most leads have been exhausted?

No, I have no source, no research, no paper to fall back on to "prove it" to you.   I do have almost 30 years in/around law enforcement at every level of government and my experience is such that cases are not generally investigated through the polygraph.  

Polygraph is used when needed.  This (usually) means when other leads have exhausted themselves.  Now, do EACH and EVERY law enforcement agency  in the US do it that way each and every time?  Probably not, but it is generally understood and applied that way.

Sackett

[sackett]

Meangino,

you wrote,

1.  What is your opinion of offering a suspect immunity based on "passing" a polygraph "test," as the liveleak.com article reported happened in the case of Crystallyn Girard?

I do not know the circumstances of the offer or the need to make the offer.  It makes no sense to me to offer immunity to someone who passed.  It's akin to requiring miranda warnings to witnesses, it's unnecessary.
 
2.  Does it concern you that, due to the polygraph-induced immunity granted to Donahue, there never will be justice for Crystallynn?

While I don't know all the details, it concerns me anytime justice is not served.

Sackett

[George W. Maschke]

A jury last night found Dennis P. Donohue guilty of the 1993 murder of Joan Giambra--a murder that might never have happened had not Buffalo police, some seven months earlier, wrongly cleared Donohue of suspicion in the death of Crystallynn Girard after he passed a polygraph test:

http://www.buffalonews.com/home/story/345286.html

Donohue convicted of 1993 murder
Strangled housewife 15 years ago in her home
By Matt Gryta
Updated: 05/13/08 6:51 AM

Dennis P. Donohue, a former Buffalo bartender linked to the deaths of three women since the mid-1970s, was convicted late Monday evening of strangling Joan Giambra in the South Buffalo housewife's own home 15 years ago.

After about six hours of deliberations following a two-week trial before Erie County Judge Sheila A. DiTullio, a jury of nine men and three women found Donohue, 55, guilty of one count of second-degree murder for the intentional killing of his paramour Sept. 9, 1993.

Jailed since his belated arrested last Sept. 17, Donohue, who did not testify or present any alibi witnesses, did not display any emotion as the verdict was announced at about 11:20 p. m.

Assistant District Attorney Frank A. Sedita III and prosecutor Kristen A. St. Mary said they will urge District Attorney Frank J. Clark to recommend the judge impose the maximum term of 25 years-to-life when Donohue is sentenced June 30.

As the verdict was announced, the victim's three children hugged each other and about a dozen of their relatives and supporters who remained in the courtroom all day.

Joseph A. Agro, Donohue's attorney, said the quickness of the verdict convinced him he was correct in seeking to have the trial moved out of Erie County to guaranteed Donohue a fair trial. Agro said there are "a lot of significant issues" upon which to appeal the verdict, including alleged news media coverage calling for Donohue's conviction.

Moments after the verdict, Don Cormier, Giambra's only son, and her two daughters, Jackie and Kathleen Giambra, called the guilty verdict the best Mother's Day gift they and their mother could have hoped for.

Kathleen Giambra, who as an 11-year-old was found incoherent atop her mother's naked corpse and who believes Donohue tried to strangle her as well, said she was glad "the man that did this is behind bars and he can't hurt anyone else."

The late-night verdict came after the jury had a readback of testimony about the DNA evidence linked to what forensic scientists determined was Donohue's DNA under the fingernails of the 42-year-old victim.

Before Agro left the courtroom he said he is convinced that the jury "had its mind made up" before it heard any evidence at the trial based on all the negative publicity Donohue has been receiving over the past year.

Arrested and belatedly charged last September, Donohue was convicted of manually strangling the Hillside Avenue housewife early on Sept. 9, 1993 — his 41st birthday.

Donohue was living with relatives in Kenmore last September when members of the Giambra family urged the Buffalo Cold Case Squad to check into the possibility he was the killer.

[mylyrix]

I just gotta say wow. does anyone remember how the mayor demanded an answer? there was more involved than a failed polygraph. this city is so full of corruption it makes me sick. coming from the cousin and best friend to the girl in question. i was 14 at the time and i was smart enough to know the difference. the lead investigator couldnt solve a crime to save his life. ask him why when my grandma died he tried to blame my cousin eddie for the murder of a woman who died naturally? or why the police beat the crap oout of me on a daily basis smashing my head off my car making me bleed for there amusement saying come on dejac when you gonna murder just like your whore of an aunt? maybe 1 day ill find what i need to write about all of this.