State v. Harberts

The state appeals the suppression of defendant’s statements during and after a polygraph test. ORS 138.060(3). We reverse and remand.

Defendant was charged with three counts of aggravated murder in the death of two-year old Kristina Hornych. The child had been beaten, raped and sodomized. The death was caused by head injuries. Defendant and the victim lived in the house of the victim’s father. Defendant claims to have found the child’s body in the bathroom around 3 a.m., July 14, 1989. Defendant awakened the father and the father’s domestic partner and showed them Kristina’s body. The…