Saturday, November 27, 2010

Submitted by THEJKH1999

I found a case from Court of Appeals division II, they listened to argument and posted the recording up on the internet, so far I don't think they have made a ruling but the case is VERY interesting. The cliff notes are that 3 kids made allegations of sexual abuse from their mother. The DSHS investigated and found that they were bogus charges, they also found that other people may have been influencing the kids so instead of the courts dismissing the case they order the mother to get a psycho sexual poly graph test!! she is refusing to take this test and defense says that the test is unjustified, it is requiring the mother to take a poly test to create evidence for the DSHS since they have none as it is now!! I only have the recording the courts posted online, I haven't found the transcript online but its very interesting to here the court of appeals judges really rip into the DSHS on this one! I bet I know how this is going to end. The judge accurately said that if they were allowed to force a poly test on individuals when would the courts NOT use it? and that even the judge has NEVER seen a test come back stating the incident didn't happen, the only results she has ever seen come back are "defendant refused to answer, we suggest serious treatment", "defendant looks as though they are guilty" or "test inconclusive, need more test to show defendant guilty"! there is a lot I don't like in this case, I sure hope the courts do the right thing and uphold our 5th amendment and refuse to allow DSHS to order these test's in a evidence finding hunt!

I think I am linking this correctly, if not it is under the WA courts website, at home page it has appeals courts and if you go to docket under division ii it is under November 22, click on listen and it is the case on the bottom,
401576 - In re DC-M

here is a link to the audio, it has to download and for me it loads in media player. http://www.courts.wa.gov/content/OralArgAudio/a02/20101122/401576%20-%20In%20re%20DC-M.mp3

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