In what circumstances will a defense counsel be allowed to cross-examine a polygraph interview with the polygraph examiner?

California, United States of America


The following excerpt is from People v. Flores, 262 Cal.Rptr.3d 67, 462 P.3d 919, 9 Cal.5th 371 (Cal. 2020):

In People v. Westerfield (2019) 6 Cal.5th 632, 243 Cal.Rptr.3d 18, 433 P.3d 914, we rejected a similar claim. The prosecution in that case introduced a redacted videotape of the defendant's polygraph examination and called the polygraph examiner to testify about the defendant's responses. ( Id. at p. 700, 243 Cal.Rptr.3d 18, 433 P.3d 914.) On cross-examination, defense counsel asked the examiner about portions of the interview the court had previously ruled inadmissible and therefore had been redacted from the video. ( Id. at p. 701, 243 Cal.Rptr.3d 18, 433 P.3d 914.) The court warned defense counsel that further questioning on such subjects "would open the door to the whole tape being admitted into evidence." ( Ibid. ) After multiple warnings, the court offered to allow defense counsel to ask questions regarding redacted portions of the video if coupled with a limiting instruction to the jury that certain material had been redacted from the videotape. ( Id. at p. 702, 243 Cal.Rptr.3d 18, 433 P.3d 914.) The

[9 Cal.5th 408]

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