Admissable? No. Persuasive? YES!!: A True Tale of Polygraphs and Private Eyes
Yesterday, April 14, 2011 marked the splendid confluence of three wonderful events, only the last of which is relevant to this article. Nevertheless, I celebrate the birthdays of my cousin and occasional co-counsel Daniel, one of the finest copyright lawyers I have ever met as well as that of my assistant Raul, a fine young man indeed! May they both merit to live to 120 in health and happiness. If prosperity hits them as well that would also be good.
The final event was an adjournment in contemplation of dismissal with respect to a very fine fellow charged with having committed the crime of public lewdness by exposing himself to a young girl. It is a yucchy crime but he was not guilty! How do I know that?
When we first met and discussed the matter, I said to myself that although I must assume that my clients are not always candid with me (especially when they bring their wives to the interview and they are charged with overexposure), this client seemed different. I had no sense that he was being anything less than 100% truthful with me. Having handled more than ten thousand criminal matters since I was admitted (including somewhere north of one thousand trials serving in various legal capacities), I have developed a sixth sense with respect to honesty. I am usually right.
To confirm my opinion, I had my client submit to a polygraph examination by one of the most highly respected polygraph examiners in the country, former N.Y.P.D. Detective Ralph Nieves, proprietor of Falcon Investigations, a premier private investigation firm that provides investigative and polygraph services to some of the finest law firms in the city. If you ever require either polygraoh or investigative services, you should look them up on the web. They are the best!
Detective Nieves found that my client's testimony was non-deceptive. Additionally, he was able to obtain a photograph of a contractor that looked remarkably similar to my client who had been working at the exact location where my client lived. i am sure that you will agree that is a strange coincidence. Although the little girl insisted that my client was the dastardly defendant, the prosecutor handling the case was persuaded that my arguments made sense. Accordingly, he adjourned the case in contemplation of dismissal so that if there are no other incidents for the next six months, the case will be dismissed, the record sealed and the fingerprints and photos destroyed. That is a win indeed!