To: Devil_Anse
Dev, Courts will allow Polygraph test results into evidence IF BOTH sides stipulate to it. But since McAllister advised Scott not to take one, that settles that. Geragos would have most definitely advised him against it too. Somehow, the results always leak out. Like with Simpson, he took one and it wasn't long until we heard that he scored off the charts Deceptive!!
484 posted on
10/04/2003 9:17:03 PM PDT by
Canadian Outrage
(All us Western Canuks belong South)
To: Canadian Outrage
That's correct, CO, but it's just not gonna happen! No counsel in his right mind would stipulate to such a thing, unless they made their agreement BEFORE the polygraph was taken, and in that case they'd have to agree on the examiner, his credentials, the other conditions of testing, yada yada yada.
And obviously that would be a dumb move, since one side is gonna be left crying when the test is over! If Geragos did something like that, then that would give Scott a good issue to later claim ineffective assistance of counsel, if Scott were convicted.
Here, of course, we're talking about a hypothetical polygraph which never took place. Even in the OJ case, Ito, while he did let a witness testify to DISCUSSIONS he had with OJ about taking a polygraph, later decided to exclude that evidence, and instructed the jury to disregard it.
I don't see the judge allowing any mention of a polygraph--hypothetical or not--in front of Scott's jury!
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