POLYGRAPH ADMITTED, DEFENDANT ACQUITTED
LOS ANGELES, Calif. A polygraph test was admitted into evidence at a criminal trial in Ohio last week, the first time this has happened in more than thirty years. As a result, an innocent man regained his freedom and his reputation. The main witness for the defense was Dr. Louis Rovner of Los Angeles, California, a renowned scientist and polygraph expert.
The case of Ohio vs Sahil Sharma had been hotly contested for more than a year. Mr. Sharma was charged with Sexual Battery, and found himself in the proverbial he said-she said situation. Two 20-somethings met at a wedding rehearsal dinner, went out drinking, and ended up in the same hotel room. The next morning, the young lady claimed that she had too much to drink, fell asleep, and was taken advantage of by Mr. Sharma. Mr. Sharma said that she was wide awake and that having sex was actually her idea. Since both parties admitted that sex had occurred, and since there was no physical evidence of force, a court had to decide whether the “victim” was telling the truth, or whether Mr. Sharma was being unjustly accused of a serious crime.
Mr. Sharma’s defense attorney, Kirk Migdal, sought out the services of Dr. Rovner, who is widely acknowledged as one of the best polygraph examiners in the country. After a polygraph test that lasted more than 2 ½ hours, Rovner concluded that Mr. Sharma was telling the truth when he said that the woman was wide awake and that the sexual encounter was consensual.
Judge Judy Hunter held a special pre-trial hearing in order to determine whether polygraph testing, as it is now practiced, is supported by scientific research and the scientific community. Upon learning that forty years of high quality scientific research establishes polygraph as one of the most accurate forms of scientific evidence, the judge overruled the prosecution’s objections and, contrary to Ohio state law, decided to admit the polygraph test at trial. An Ohio appellate court refused to overturn Judge Hunter’s ruling.
Rovner returned to Ohio for the trial and testified in open court, examined first by the defense, and cross-examined aggressively by the prosecutor. During the reading of the verdict, Dr. Rovner’s testimony was cited as one of the primary pieces of evidence that led to the finding of Not Guilty.
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