Are Private Polygraph Answers Turned Over to State In Plea Negotiation Admissible Against Defendant?
State of Ohio v. Jennifer L. Jeffries, Case no. 2007-1478 11th District Court of Appeals (Lake County) ISSUE: Do Ohio’s rules of evidence allow the state to introduce as evidence against a criminal defendant voluntary statements the defendant made to a private polygraph examiner that were disclosed to prosecutors by the defendant’s attorney in connection with an unsuccessful plea negotiation? BACKGROUND: A provision of the Ohio Rules of Evidence, Evid.R. 410, bars as inadmissible against a defendant who was a participant in plea discussions “any statement made in the course of plea discussions in which counsel for the prosecuting authority or for the defendant was a participant and that do not result in a plea of guilty.” In this case, Jennifer Jeffries was a suspect in the death of Dustin Spaller. Jeffries’ attorney retained the services of a private polygraph operator who questioned her regarding events surrounding the crime. Defense counsel subsequently approached prosecutors with a
