Commonwealth v. Wick

Charged with operating a motor vehicle while under the influence of intoxicating liquor, the defendant moved before trial for a court authorized polygraph examination at public expense. The defendant claimed that he was an occupant but not the operator of the motor vehicle. He asserted that the polygraph test would confirm his truthfulness on this point, as had an earlier private one.

The judge ruled that he could not order a polygraph examination unless the prosecution and the defendant agreed. The prosecution did not agree, and thus the judge denied the motions solely on that ground. The…