State v. Sheehan

In State v. Thompson, 30 Or App 379, 567 P2d 132, rev den (1977), we held that certain statements made by a criminal defendant to a polygraph examiner during a pretest interview were inadmissible. In doing so, however, we were at pains to limit our holding to "* * * statements obtained under the circumstances shown in this case.” Id., at 383. Today the majority applies Thompson to a case far different. I wouldn’t.

In criminal trials, the difficulty with polygraph evidence stems from two sources.

First: When an accused makes statements or responds to questions while connected to the machine the…