SEAL cases 300310

Human Events reports that:

One of three Navy SEALs facing a court martial announced at a rally Saturday that he has passed a polygraph test, casting doubt on the Pentagon’s case against him.

Rep. John Shadegg (R.-Ariz.) who attended and spoke at the rally, told HUMAN EVENTS that “while the lie detector test results won’t be admissible in a court of law and their jury will never know that he passed, it is nonetheless important for the American public to know.

Mil. R. Evid. 707 prohibits testimony about a polygraph in court, but not in the media, heh, heh.

(a) Notwithstanding any other provision of law, the results of a polygraph examination, the opinion of a polygraph examiner, or any reference to an offer to take, failure to take, or taking of a polygraph examination, shall not be admitted into evidence.

(b) Nothing in this section is intended to exclude from evidence statements made during a polygraph examination which are otherwise admissible.

And as we know, the Supreme Court agreed that polygraphs are unreliable and should not be admitted, in United States v. Scheffer, 523 U.S. 303 (1998), a court-martial case in which Scheffer wanted to admit evidence of an exculpatory polygraph.  From the “headnotes,”

A polygraph examination of respondent airman indicated, in the opinion of the Air Force examiner administering the test, that there was “no deception” in respondent’s denial that he had used drugs since enlisting. Urinalysis, however, revealed the presence of methamphetamine, and respondent was tried by general court-martial for using that drug and for other offenses. In denying his motion to introduce the polygraph evidence to support his testimony that he did not knowingly use drugs, the military judge relied on Military Rule of Evidence 707, which makes polygraph evidence inadmissible in court-martial proceedings. Respondent was convicted on all counts, and the Air Force Court of Criminal Appeals affirmed. The Court of Appeals for the Armed Forces reversed, holding that a per se exclusion of polygraph evidence offered by an accused to support his credibility violates his Sixth Amendment right to present a defense.

Held: The judgment is reversed.

Here is a link to one of the most vocal anti-polygraph advocates in which he argues:

Here is a link to another site which seems to think polygraphs could be admissible under certain limited circumstances.