Polygraphs - Arch C. McColl, III, Attorney at Law, Dallas, Texas USA, Concentrating in White Collar Criminal Defense, Board Certified, Medical Fraud, Grand Jury, Insurance Fraud, Appeals, Trial Lawyer, Litigation

Polygraphs

Mr. McColl has extensive experience in polygraphs used for both legal submission to a court as well as part of court ordered therapy. As such, he is experienced in challenging both polygraph examiners and sex offender therapists who force offenders to use the services of specific polygraph examiners. Some sex offender therapists deny their clients the use of polygraph examiners who are both licensed and current on continuing education – examiners who are often geographically closer, less expensive and more experienced. Such an attempted restriction is not permissible under the applicable rules and regulations governing either therapists or polygraph examiners or under state or federal law, in Mr. McColl’s professional opinion.

Additionally, Mr. McColl has worked closely with polygraph examiners to develop appropriate polygraph questions, especially for Zone of Comparison polygraph tests. Mr. McColl is analytically sensitive to the honest mistakes that creep into polygraph examinations, and is also aware of the high inaccuracy rates of both maintenance and monitoring polygraph examinations, despite the fact that they are continuing to be used throughout the State of Texas. These maintenance and monitoring polygraph tests (screening tests) are given periodically and typically at the end of each six months or one-year period of probation. The high inaccuracy rate has been publicly noted by a former president of the American Polygraph Association and is presently a matter of concern within that organization.

Mr. McColl has also challenged sex offender therapists who deem clients to be “uncooperative” when that determination is based solely on the client’s desire to use a polygraph examiner not on the therapist’s restricted list. Some therapists use the threat of termination from treatment and probable arrest unless the client employs one of the therapist’s selected polygraph examiners. This practice is not allowed under the applicable state and federal laws and regulations, in Mr. McColl’s professional opinion. Mr. McColl is aware of federal and state litigation regarding this kind of attempted exclusivity with regard to the therapists and the polygraph examiners.

Mr. McColl is further aware of the importance of "blind" scoring of polygraph charts to corroborate the polygraph results. He has often obtained test results from three polygraph examiners acting independently of each other. The importance of blind scoring is to get objective appraisals of the accuracy of a chart from other examiners and professional experts. There is an unavoidable element of subjectivity in the grading of these charts. Mr. McColl has used professionals with both state and federal government law enforcement backgrounds outside of the State of Texas to do these blind confirmation studies. These studies substantially strengthen the impact of the polygraph test being given to the prosecutor or being attached as an exhibit to a motion before a court.

Mr. McColl has, over many years, analyzed the applicability of various state and federal cases on the subject of the admissibility of polygraphs as evidence in court before both judge and juries. He is aware of the differences in the admissibility of polygraphs as evidence among state and federal jurisdictions. Mr. McColl has cited to Texas courts, on several occasions, cases in which polygraph evidence was admitted into evidence, for the decision of an issue that is before the Court alone and not the jury.

In pretrial matters the attitudes of prosecutors and members of law enforcement vary widely with regard to polygraphs, but the majority of law enforcement, prosecutors and judges give credence to polygraph tests. That validity is strengthened when the results are confirmed and re-confirmed by independent analysis and evaluation as noted above.

Mr. McColl is aware of false accusations made by children and has obtained acquittals based on his cross-examination of those child complainants who falsely accuse adults, especially when those accusations arise during divorce proceedings, family disharmony, family dysfunction or other litigation. Often a cleared polygraph test by the citizen-accused is key in refuting such accusations either pre-trial or to set aside a conviction in post-conviction proceedings, both of which Mr. McColl has accomplished.