State v. Austin

The State of Vermont appeals from a trial court grant of defendant’s motion to suppress statements made to the police about alleged charges of sexual abuse, following a polygraph test. We reverse and remand.

Defendant was arrested on September 12,1988 on a charge of sexually assaulting a child, in violation of 13 V.S.A. § 3252(a)(3). Defendant filed a motion to suppress certain incriminating statements made to the police following a polygraph examination, asserting that he was not given his Miranda rights, that the statements were either involuntary or not made by him, and that, in any case,…