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Law Grad Acquitted, Relies on Polygraph

Posted Sep 5, 2007 8:54 AM CST
By Debra Cassens Weiss

A judge’s decision to admit the results of a polygraph exam may have helped a law school graduate win acquittal Monday in an Ohio sexual battery case.

Sahil Sharma had been charged for a sexual encounter with a woman after a wedding they attended in Cuyahoga Falls, the Cleveland Plain Dealer reports. Sharma said the woman had consented; she said she was passed out from a heavy night of drinking at the time.

Judge Judy Hunter of Akron, Ohio, acquitted Sharma in a bench trial. She allowed Sharma to introduce the polygraph exam, the first time such evidence was used in an Ohio criminal trial in 30 years, according to a press release issued for the examiner, Louis Rovner.

Prosecutors had appealed Hunter’s decision to admit the test, but an Ohio appeals court said the issue was not ripe for review.

Sahil Sharma told the Cleveland Plain Dealer he will pursue a career in criminal defense as a result of this experience. The graduate of Touro College’s law school is awaiting the results of the New York bar exam.

Comments

1.

Dr. Louis Rovner
Sep 7, 2007 7:12 AM CST

I just read your article about the Sharma case on ABA Journal, Law News Now.  I am the polygraph examiner who testified at the evidentiary hearing and the trial, and was successful in convincing the court that a well-conducted polygraph exam is not only valid and reliable evidence of a person’s veracity, but is also accepted by the informed scientific community.

If you ever need information about polygraph testing, or the scientific support for the technique, please don’t hesitate to contact me.
My website is www.Polygraph-West.com.

Dr. Louis Rovner

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2.

Anonymous
Sep 7, 2007 9:57 AM CST

Dr. Rovner is a snake oil salesman looking to capitalize on a product that our courts should never allow into evidence.  His unabashed capitalist approach (press release, website, and self-serving comment above) speaks for itself.  We should hope that in time, this court’s bad ruling will be seen as the incorrect and unwise anomaly that it is.

I think polygraph evidence does little more than bolster credibility in a highly improper way.

Polygraphs should never be allowed into evidence in any trial, civil or criminal, anywhere for any reason.

Dr. Rovner should direct his professional endeavors to legitimate enterprises, not playing bottom feeder to perceived cash cows of defendants looking for ways to buy their way out of criminal convictions using such sham “evidence.”

I wonder if the judge at least allowed the state to cross examine the defendant in front of the jury while the defendant was hooked up there in court to the Rovner polygraph contraption?  If not, the judge compoiunded her poor ruling with unfairness and prejudice to the state.  If the judge was foolish enough to allow evidence of the instrument and “test” in at all, the opposing party should at least have had the chance to cross examine that instrument, since that machine is essentially the real witness, not Rovner.

Probably the real reason this was allowed in was the judge’s fear of reversal and her intimidation of the rights we afford those accused of crimes.  But she needs a reminder that such rights do not include this junk.  Hopefully next time the judge will let reason and not such fear influence her, and hopefully this will be the last time we hear of such injustice.

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3.

Anonymous
Sep 7, 2007 10:48 AM CST

Readers should also look at this link:
http://antipolygraph.org/blog/?p=150

It contains an article about this case and about why such lie detector “evidence” is true junk and should never be allowed in court.

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4.

Liz
Sep 7, 2007 12:53 PM CST

So a lie detector tests only physical responses, not reality. It bases that on the assumption that a person will have a physical reaction because that person knows that they are lying, but what about people who can control their physical respnses? Or what if the person BELIEVES they did nothing wrong? A criminal that BELIEVED they did nothing wrong is not uncommon. But this criminal may receive a positive polygraph test just because they are either physically controlled, insane or have incorrect beliefs.

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5.

George Maschke
Sep 7, 2007 1:57 PM CST

Judge Judy Hunter’s decision to admit polygraph “evidence” sets a poor legal precedent that one hopes will not be emulated by other Ohio judges. For a critique of the polygraph examination and testimony presented in Ohio v. Sharma, see:

https://antipolygraph.org/cgi-bin/forums/YaBB.pl?num=1187845990

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6.

irwin eisenstein
Sep 7, 2007 3:00 PM CST

there are new technologies related to lie detection that should be allowed in court.  the fmri uses brain scans to detect lies.  It is significantly more reliable than what is admitted under Daubert..  It is time to over rule Frye.  In the Schaefer case that was before the Supreme Court, judge Gierke of the Court of Military Appeals determined that in certain situations lie detector evidence should be allowed at trial. 
    Justice Stevens wrote a dissent in Schaefer suggesting that the Government spends more than 24 million a year on lie detectors.  If they are as flawed as the court suggests, why are we spending that much money??

  In any case, the new tests should change The way that we look at lie detection.  Thank you Judge Gierke and Justice Stevens for recognizing that Lie detection should be allowed in some circumstances.

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7.

Sed Finn
Sep 7, 2007 3:48 PM CST

What next, Scientologist e-meters in the court room?

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8.

Linda Petrovsky
Sep 8, 2007 8:35 PM CST

What does “Dr.” Rovner have in doctorate in, and what type of doctorate is it?  Signing his name as “Dr. Louis Rovner” rather than the proper form, e.g., his name followed by the type of degree, is at best misleading.

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