Wednesday, November 11, 2009

Polygraph, use of non-permissible evidence

While the use of polygraph results are not permitted as evidence in the State of New York, I have found myself on many occassions turning to these non-permissible forms of evidence as the basis of my case.

The Court in Frye held that polygraph exams were not admissible as evidence, some counties have carved out few excpetions. The Queens County Court in The People v. Kenney held that so long as a proper foundation is laid as to the accuracy of the device such evidence may be permitted...

For the most part however, defense attorneys may rely on a wholly diffrent principle in using such results. If there is exculpatory evidence, in the form of a lie detector, and it is presented to the people they MUST follow up in this evidence and it MUST be used in gauging the strength of their case... in many instances this alone may suffice to arrive at dismissals.

In a recent Robbery case in Queens my office used exactly this principle in submitting lie detector results coupled with witness statements to the DA and were able to secure a dismissal for multiple defendants.

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