Proof of Polygraph NOT admissible

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Proof of Polygraph NOT admissible
A Circuit Court judge on Monday dominated that the lawyers for a guy accused of shooting an off-duty Norfolk law enforcement officer in 2010 will not be allowed to post polygraph check outcomes as proof.

The ruling is in line with a 1998 U.S. Supreme Court choice that upheld bans on polygraph proof, Judge Stephen C. Mahan stated in court. Virginia’s Guidelines of Proof do not permit it.

Lawyers David Bouchard and Jennifer Stanton submitted a movement earlier this thirty day period inquiring Mahan to rethink the ban. They also asked in court for a listening to to figure out the reliability of polygraph check outcomes. Bouchard stated the exams are supported by science.

“I believe it is an problem that’s ripe for consideration,” he stated in court. “It’s an problem that requirements to be tackled, and the scientific neighborhood requirements to have a component in it.”

Their consumer, 22-yr-previous Raymond Perry, took a polygraph check this summer time, stating he did not shoot off-duty Norfolk law enforcement Officer Victor Decker close to the previous Atlantis Gentleman’s Club the early morning of Oct. 26, 2010, in accordance to a polygraph examination report submitted with the court. He also stated he was not present for the theft and shooting close to the Oceana Boulevard club, in accordance to the report, which established Perry was telling the reality.

Bouchard and Stanton will most likely attraction Mahan’s choice. The polygraph outcomes are an crucial component of Perry’s correct to protect himself, Bouchard argued.

“It’s like the Supreme Court stating that we’re not going to permit DNA,” Bouchard stated. “It’s incorrect.”

The Commonwealth’s Attorney’s Workplace is looking for the loss of life penalty for Perry, who’s billed with money murder, initial-diploma murder, theft and two counts of utilizing a firearm.

Perry’s lawyers are operating to consider loss of life off the desk, such as persuading Mahan on Monday to appoint and approve cash to spend for a neuropsychologist to assess Perry. Stanton stated they think he is ineligible for the loss of life penalty simply because of his IQ degree.

State law does not permit execution of individuals who are mentally disabled, defined as somebody who, prior to the age of eighteen, has “significantly subaverage mental functioning” and “significant restrictions in adaptive conduct.” Stanton stated a neuropsychologist will be in a position to make that dedication for Perry.

Perry has a violent legal document dating to the age of ten, in accordance to federal court information. He is presently serving a ninety seven-yr federal jail sentence for a string of robberies right here and in North Carolina committed the thirty day period prior to Decker’s slaying.

A jury demo is scheduled for February, but Perry’s lawyers have asked for a continuance. A new demo day has not been established.