Chapter 10 - § 10.6 POLYGRAPH EVIDENCE

• Jurisdiction: Colorado

§ 10.6 POLYGRAPH EVIDENCE

Colorado

➢ Inadmissible in Colorado. People v. Anderson, 637 P.2d 354, 358 (Colo. 1981), relying on the Frye rule, held that polygraph evidence is per se "inadmissible at a criminal trial" due to its uncertain reliability and its potential to have a prejudicial effect on the jury, and this was extended to civil trials in Valley Nat'l Bank of Cortez v. Chaffin, 718 P.2d 259, 262 (Colo. App. 1986). People v. Shreck, 22 P.3d 68, 77 (Colo. 2001), abrogated the Frye rule and held that CRE 403 and 702 represent a better standard to evaluate the admissibility of scientific evidence because "their flexibility is consistent with a liberal approach that considers a wide range of issues." However, polygraph evidence has still been found to be inadmissible under Shreck. People v. Wallace, 97 P.3d 262, 268 (Colo. App. 2004). And indeed, courts have found polygraph test results, testimony of polygraph examiners, and expert testimony relying on polygraph test results inadmissible in both civil and criminal trials. See People in Interest of G.E.S., 2016 COA 183, ¶ 16; People ex rel. M.M., Jr., 215 P.3d 1237, 1248 (Colo. App. 2009); People ex rel. N.D.V., 224 P.3d 410, 420 (Colo. App. 2009).
➢ Collateral Statements Admissible. Pre-examination statements made "to the polygraph technician, if edited to remove references to the polygraph examination itself, are admissible if otherwise relevant to some issue in this case." People v. District Court of Jefferson County, 785 P.2d 141, 145 (Colo. 1990).

➢ Offer to Take or Refuse Polygraph Inadmissible. A defendant's offer to take a polygraph examination is per se inadmissible as evidence of

...