(Editor’s Note: This series will be highly controversial, and the privacy of the article’s subject has demanded to remain nameless for their safety and respect for their family. The only attorneys present for this series of interviews are employed for McManus and Amadeo and include Matthew McManus, William Amadeo and Jennifer Kelley. A non-disclosure agreements have been signed).
Part II of this series will deal with the concept of the polygraph and how it was dealt with in this case and more importantly, how it has been dealt with in other cases. While the firm of McManus and Amadeo are strong proponents of the polygraph, there are a lot of things that were discussed about this particular case and the test in general. (CM=Carly McGregor, Officer=Subject).
CM: Officer, you stated that your son passed a polygraph, is that accurate?
Officer: Yeah, he did.
CM: And you said he passed a private test and then a police test?
CM: And did the prosecutor know this?
Officer: Yes. After the test, the polygrapher, who worked for the Michigan State Police, kept my son in the room for 4 hours. The officer got my son to write down that he did have sex with the girl; he drank liquor and smoked weed together. The officer said that even though my son passed, the prosecutor should know that my son, 17, has drinks and pot at 15 years old. The prosecutor amended the charges to say that my son got her intoxicated and forced her to have sex.
CM: What happened then?
Officer: The prosecutor amended his charges and asked that my son’s bond be revoked, and the judge allowed it. I need to stop right now. What I can say is that getting a kid to a polygraph was one of my specialties.
CM: Was your son’s bond revoked?
CM: What did the prosecutor say to your previous attorney?
Officer: He said that he didn’t care about the passed polygraph.
CM: You said getting a kid to the polygraph was one of your specialties. Is that accurate?
Officer: Yes….yes it was.
CM: Tell me about that.
Officer: We had a code. We knew that when a kid takes a polygraph he cannot have his lawyer in the room. So quite often, we would get the kid there alone and then go at him.
Bill Amadeo (BA): Let me ask you this, can you test intent in a polygraph?
BA: You cannot and you knew that.
Officer: I did.
BA: Did you ever try to get a kid in to test for intent?
BA: And did the prosecutor know this?
Officer: Certain prosecutors, yes.
BA: A certain piece of garbage in Washtenaw County maybe?
Matt McManus: Let’s stop, I think a fair question would be, was there a group of prosecutors without mentioning names that would use the polygraph as a fishing expedition?
Officer: Yes, the polygraph and the investigative subpoenas.
BA: Why don’t you just beat a confession out of the kid while you’re at it.
Officer: Look, I’m sorry.
BA: So here is a question, have you ever seen an innocent person fail a polygraph?
BA: Have you ever seen a guilty person pass one?
Jennifer Kelley: Did you ever push for the prosecution of a defendant that you knew passed a polygraph?
Officer: (Pause) Yes.
CM: I guess where I’m at with this is, why would you prosecute an innocent person and knowing what you know, why would you subject your son to this kind of treatment?
Officer: First of all, I told you already that I believed that I was doing the right thing. Second, I thought that my son would be treated differently!!!
BA: And you thought this because you were a cop?
BA: Sadly, I bet he was treated differently. I bet as bad as he was treated he was treated better than a poor black kid in Ypsi or Detroit would’ve been treated.
Officer: What do you want me to say Bill? I told you that I was sorry.
CM: I guess the point is, we knew this could be explosive so let’s try to get back on point.
Officer: Am I sorry for the way that myself and my peers treated others? Yes. Did it take my son almost getting wrongly convicted for this to happen? Yes. Does that make you feel better? I didn’t agree to be attacked.
BA: You know what bro, you can leave anytime you want, we didn’t Mirandized you so the door is that way.
Officer: I gave you my word. You want the truth? The truth is I worked with a lot of crooked cops but cops don’t make charges, cops request them.
CM: Prosecutor’s issue charges.
Officer: That’s right.
CM: Would it be fair to say that the system is working against the criminal defendant?
Officer: The truth is that when somebody is charged, we start with the presumption of guilt. We know that Prelims are bullshi* and we know that most things will plead. We use the polygraph as a way to enhance our case. Yes, I’m sorry for what was done. I cannot turn back the clock. Luckily we switched to Bill (Amadeo).
BA: And if I’m not your son’s lawyer how do you think that case pans out?
In our next piece we will discuss how there was an attorney switch and how someone at the prosecutor’s office gave the advice to make a switch. While we are in a state of hostile relations between prosecutors, defense lawyers and police officers, the information provided may curtail future prosecutions and potentially play a role in prosecuting the guilty and not just anyone where a request for charges is made.
Carly McGregor has been a ghostwriter for many years and is currently working on her Juris Doctorate and has published many articles across social media and print work.