Posted By:
Todd SchultzI can see how you might submit your criminal defense clients to a polygraph as a means of obtaining a dismissal, although at least here in AZ the State won't bite unless a second exam is taken before their polygrapher, and even then I believe it happens infrequently. However, as I understand it, you have no downside in doing so in the criminal arena--he passes and you waive it all around, he fails, you have no duty to disclose it ever happened. If I'm wrong about that, please advise.
In Clemens' case, you have an obligation to disclose the failed poly in the civil action. Even if inadmissible at trial, it's discoverable and a matter of public record (absent some stipulated protective order that likely will not be forthcoming), and since Roger is far more interested in swaying the public and clearing his name than winning a lawsuit against a marginally collectible defendant, he proceeds at great risk in going forward with a polygraph.