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She told detectives she had never shaken her baby, and she stuck to that story… until Deputy Nelson de Leon administered a polygraph. In interviews afterward, when confronted with the polygraph findings, she finally confessed, showing on a doll exactly how she had shaken her helpless child.
The polygraph can be a vital tool in helping solve crimes. It’s also used to make sure the Pinellas County Sheriff’s Office (PCSO) hires the best candidates for both sworn and civilian jobs. Deputy de Leon became a certified polygrapher in 2019 when he was a Robbery Homicide detective. Now he works in the Human Resources Bureau. Since taking the 10-week course he has used his skills in both criminal cases – mostly with Crimes Against Children – and as part of the evaluation process for employment.
Whether the polygraph is for hiring or for a criminal case, the basic procedure is the same. First, without being hooked up to anything, the subject is asked the full list of relevant questions. The questions are always in yes/no format. To prepare for a polygraph in a criminal case, Deputy de Leon will read the report and talk with the detectives so he can formulate questions relating precisely to that case. The questions are specific, so he might ask something like, did you shoot John Smith at his girlfriend’s house?
For a potential new hire, he uses a standard set of questions that touch upon topics of criminal history, drug use, and previous employment. Questions might include have you ever stolen from an employer, have you ever been fired from a job, or have you ever used illegal drugs. He might also ask if they lied about anything in their application.
Next comes the educational component. “I explain the process, and describe what each sensor does. I also explain the physiological responses of an untruthful person, and tell them about the reactions of the central nervous system.” He makes sure the subject understands something about the science behind a polygraph. “This instrument doesn’t know the difference between a big lie and a little lie,” he emphasizes. “If you lie on this exam I’m going to know about it.”
Once they understand the process, he’ll hook them up to an assortment of sensors and wires to measure their body’s responses. A cuff takes a blood pressure reading, and twin straps around the chest and abdomen record breathing and movement in the upper body. Two clamps on the fingers measure electrodermal activity – sweating. The plethysmograph attaches to a third finger, shining a light through the fingertip to measure changes in blood flow and volume.
It's not uncomfortable, but it can feel strange being hooked up to sensors and even innocent people can get a little uneasy. “Everybody is nervous,” Deputy de Leon said. “No one likes to be polygraphed, no one likes to be hooked up. I’ve been polygraphed I can’t tell you how many times, and I don’t like it.” He always takes this natural nervousness into account.
To help set them at ease and make sure they fully understand the testing procedure, the next step is the acquaintance exam. “It’s kind of like a practice exam, to show the person what a polygraph is like, and also make sure everything is working.” The subject is given a sheet of paper with the numbers one through seven written on it… but one number is missing. He then has them write out that missing number. He will then ask, for each number in turn, if that was the number they wrote. But for this test, the subject is instructed to lie, and say no to each number, even the one they actually wrote. He then lets them know that he can see their physiological response to lying.
When the evaluation begins, there are no surprises or tricks – the subject is asked the same questions they already answered at the beginning. As they answer, their physiological changes are recorded. (The whole process is also recorded on audio and video.)
If someone has a notable response to a particular question, Deputy de Leon will ask clarifying questions. “I’ll do a breakdown test, a specific issue test concerning that, and try to clear it up.” Say for example he detects a strong physiological response to the drug involvement section. He’ll let them know about the response and ask an open-ended question. Is there anything else they can tell him about that topic? A subject might not quite remember if they took a hit off a joint that was being passed around in college one drunken night. Or they may show physiological signs of strong emotion or anxiety around the topic for another reason. Maybe they don’t use drugs, but their brother died of an overdose so the whole subject is traumatic to them and could easily trigger a physiological response. Deputy de Leon can then run another test on that specific issue that can clarify their reaction.
After a pre-employment interview, he doesn’t usually tell the person how they did, just that they’ll be hearing from their background investigator. For a criminal polygraph though, at some point afterward the subject may be confronted with their suspected lies. “That’s the point where they sometimes confess.” When they believe that their body is telling the truth even though their words may lie, they sometimes admit to their crime under subsequent questioning.
Polygraphs can be a useful investigative tool, though they’re generally not admissible in court. People can refuse to take a polygraph, but some suspects request one to try to prove their innocence.
People have a lot of theories about how to beat the polygraph, but Deputy de Leon said there’s no guaranteed way. “They think if they put a tack in their shoe to cause pain, or clench their muscles they can influence the polygraph. But I’m not just asking the questions, I’m observing the subject. I’ll see if they’re doing anything. You can try to manipulate your breathing, but I’m going to call you on that.”
The best thing to do when taking a polygraph? “Just be truthful.”
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