Accused of breathing manipulation, holding breath... pissed off

[Need Help]

Did eight years. Spent all my time trying to better myself by learning two trades, staying out of trouble, and most importantly, taking my sex offender therapy very seriously. I've really tried to empathize with those I have hurt, and also use that empathy as a tool to keep from reoffending.

Continued group therapy is a condition of my parole, and passing two maintenance polygraphs is a condition of my therapy.  Passed the first one with no problem, and as a reward, was allowed to have a smart phone a week later. Recently I took my second polygraph and was accused of breathing countermeasures by holding my breath.  Result was "no opinion."  At my next therapy session, my therapist tells me that the result means that the polygrapher is washing his hands of the test for any possible court case(parole revocation hearing).  So I begin to do some research (find this site).  At my next therapy session, my therapist asks me to sign a paper stating that I failed my polygraph test, that I agree to take another one and pay for it, and that if I fail it again I will be discharged from therapy.  I object to the "fail" wording, so he changes it to "no opinion" but I still refuse to sign for wanting to protect whatever limited rights I may have.  So...

1.  If both "no opinion" and inconclusive mean that insufficient data was collected, what differentiates the two?

2.  If the polygrapher was more certain that I was employing countermeasures, could he have returned a result other than "no opinion"?

3.  One of my questions provided to the polygrapher from my therapist was in regards to my Internet usage in the week after my first test, but before my smart phone.  The question didn't make sense to the polygrapher, so after calling my therapist to confirm the question, and having it still not make sense, changed the question to one about my sexual interests rather than one related to conditions of my parole.  Aren't maintenance polygraphs related to conditions of parole?  Do I have any recourse on this issue?

4.  Should I try to obtain the charts, or should I ask for an explanation about the chart results?

In closing, I take full responsibility for all my actions and the position that they have put me in today (not crying about it).  I've done everything I can to help and better myself, but now I feel that my therapist and parole agent view me suspiciously and probably suspect me of viewing pornography, which would seem like the only logical conclusion if I were trying to be deceptive on a polygraph test. I've offered my phone for inspection, but received no response yet. I just don't want to have to take another bullshit polygraph test and pay $500 for it again, only to possibly have the same result, and then go for a parole revocation hearing.

Any advice or insight would be appreciated.

[Need Help]

Also, would a Freedom if Information Act or Right to Know Law request have any bearing here on obtaining my polygraph charts?

[George W. Maschke]

Need Help,

1.  If both "no opinion" and inconclusive mean that insufficient data was collected, what differentiates the two?

They don't mean that insufficient data was collected. An inconclusive outcome indicates that reactions to relevant and "control" questions looked about the same on the charts.

"No opinion" is a term that polygraph operators use when for some reason they don't want to score the charts. For example, if countermeasures are suspected, the operator may score the charts as "no opinion." Similarly, if the subject coughs or otherwise moves excessively, the operator may score the charts as "no opinion."

2.  If the polygrapher was more certain that I was employing countermeasures, could he have returned a result other than "no opinion"?

Perhaps. But the federal polygraph handbook (at p. 62) suggests rendering a "no opinion" decision when countermeasures are suspected:

"C18.3.7.3. A no opinion decision may be appropriate when data are contaminated by CM. The continued lack of cooperation by an examinee employing CM may be administratively reported as Purposeful Non-Cooperation (PNC)."

3.  One of my questions provided to the polygrapher from my therapist was in regards to my Internet usage in the week after my first test, but before my smart phone.  The question didn't make sense to the polygrapher, so after calling my therapist to confirm the question, and having it still not make sense, changed the question to one about my sexual interests rather than one related to conditions of my parole.  Aren't maintenance polygraphs related to conditions of parole?  Do I have any recourse on this issue?

I wasn't aware that therapists make up the questions for post-conviction polygraph screenings. I supposed that is the parole department's job. The relevant questions should indeed be about whether you've complied with the terms of your parole. I think it would be prudent to consult with a local lawyer with experience in criminal law regarding this.

4.  Should I try to obtain the charts, or should I ask for an explanation about the chart results?

They will be very reluctant to hand over your polygraph charts to you. I think you're unlikely to get them unless the polygraph results are used in a revocation hearing. In any event, you'll have a better chance of success if any request is filed by your lawyer.

Also, would a Freedom if Information Act or Right to Know Law request have any bearing here on obtaining my polygraph charts?

I can't say. It would likely depend on your state's public records access law. If you're on federal parole, the Privacy Act of 1974 may be applicable.