Judge to Decide if Polygraph Exams Can Be Used in Synthetic Drug - KXNet.com - Bismarck/Minot/Williston/Dickinson-KXNEWS,ND

Judge to Decide if Polygraph Exams Can Be Used in Synthetic Drug Case

Bismarck, ND -

It's the first criminal case of it's kind in North Dakota and it could make a historical impact on how cases are tried in the state.

The owner, manager and 8 employees of Discontent in Bismarck are charged with felony crimes related to the delivery of synthetic drugs.

Authorities say products containing illegal substances were being sold at Discontent.

Today, Judge Benny Graff heard arguments on whether or not to allow polygraph examinations at trial.

If he approves the motion, it would be the first criminal case in North Dakota where polygraph evidence is allowed.

Dr. John Palmatier of Florida is an expert witness on polygraphs.

He examined the data collected from the defendants polygraph tests.

Palmatier says the defendants were asked about their knowledge of selling illegal substances, and he says they were telling the truth when they answered the questions...

"Between March 1st and March 20th of last year, did you know that MAM-2201 was in the product "Diablo" and his response was "no". And his probability of deception was 2/10 of 1%. About the questions they were asked, I would opine they were absolutely being truthful," says Dr. Palmatier.

Palmatier says polygraph examinations are another tool that can be considered to help jurors or judges determine if a defendant is truthful.

Judge Graff has taken the motion under consideration and will have a ruling at a later time.

North Dakota has banned unknown substances that cause similar effects as known illegal substances.

The action targets the rapidly changing synthetic drug market.

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