Experts Say Queries Not Direct Enough Analyses Say Examiner Departed From Standard Polygraph Techniques

Copyright, The Spokesman-Review, 2000

Serial killer Robert Yates’ art of deception may have continued after he was put in jail for a string of murders that took years to solve.

Yates voluntarily took lie detector tests arranged by his attorneys two months after his arrest in April.

The examiner’s conclusion: Yates was “truthful” when he said he didn’t kill any more than 16 women.

Three other polygraph experts asked by The Spokesman-Review to examine those lie detector charts said it appears to them he may have been trying to beat the tests.

Frank Horvath, a criminology professor at Michigan State University and past president of the American Polygraph Association, reviewed the test results and said he couldn’t conclude Yates was truthful.

During the polygraph examination June 24, Yates voluntarily gave a handwritten statement, apparently confessing to no more than 16 murders in Washington.

The examiner then hooked Yates to the polygraph machine and asked him if he was lying in the statement he’d provided.

Experts contend it’s standard practice to ask direct questions and record those responses.

Horvath, an expert in polygraph deception issues, said examiners must ask questions that are clear, concise and direct.

“It would be standard practice to ask a relevant question such as, `Did you kill any person outside the state of Washington?”’ he said in an analysis prepared for The Spokesman-Review.

“Such a practice was not followed here,” Horvath said. “The reason for this is not apparent.”

The relevant questions asked of Yates related only to whether he’d lied in the statement he wrote and signed.

“This approach to testing is sometimes used in highly emotionally provocative cases, such as when a rape victim is examined, but it is uncommon in situations such as this,” Horvath said.

The polygraph expert said he knows of no scientific data or acceptable field reports that show the questioning technique used with Yates produces results comparable to more traditional approaches.

“I do not know why the examinations (of Yates) were structured as they were,” Horvath said. “In my opinion, the departure from accepted practice was not justified.

“It is my view that because of the way the examinations were structured, confidence in the outcomes would be low.”

Horvath said Yates’ examiner relied on computer-generated scoring instead of manually scoring the charts, which is routinely done. “It was a significant departure from accepted practice.

“My analysis did not produce a result consistent with what was reported by the examiner in this case. That is, I do not see a basis for concluding that Mr. Yates answered the relevant questions in a truthful manner in either of these two examinations.”

Horvath said there were “numerous departures from accepted practice in the conduct of these polygraph examinations” of Yates.

“In my opinion, any one of these could be reason to invalidate the results” that he was being truthful, he said.

“Even in the event that these concerns are overlooked, however, it is my view that the conclusion reached by the examiner in this matter cannot be supported.”

Sharing that opinion was Ted Ponticelli of Post Falls, who has helped teach 500 polygraph examiners.

His expertise was sought in the Charles Manson, Hillside Strangler and O.J. Simpson cases. He has performed polygraph tests for the Department of Defense, the State Department and scores of police agencies throughout the United States.

“It’s inferior and, I believe, improperly administered,” Ponticelli said after reviewing the Yates lie detector tests.

The “control questions” asked of Yates do not follow standards of application for polygraph testing, Ponticelli said.

Lie detector tests normally conclude with a statement of no deception indicated, deception indicated, inconclusive or no opinion.

Ponticelli said he saw irregularities on both the breathing and cardio readings on the Yates charts.

“This test is inadequate, in my opinion,” Ponticelli said. “There’s no opinion that can even be rendered.”

“The questions are inferior, they’re inadequate,” he said, noting they don’t address the “distinction of issue” - key questions - that the accused murderer should have faced.

“I have to ask if this test was rigged, maybe not consciously,” Ponticelli said. “Maybe he went in there hoping that he’s going to end up with truthful results just to satisfy the attorneys.

“There’s no doubt in my mind that Yates is a sociopathic personality,” Ponticelli said. “Anyone who is a sociopath will produce little or no reaction.”

Larry Peelen, a former Los Angeles County sheriff’s detective who is a private polygraph examiner, also said he couldn’t render an opinion after analyzing the Yates tests.

“The instrumentation on these charts is horrible,” he said. “These charts are uninterpretable, at best.

“They do not provide enough physiological information to make an accurate numerical evaluation to determine where he’s being truthful or deceptive.”

This sidebar appeared with the story:

AT A GLANCE

Test questions

These are the questions asked during two lie detector tests given to Robert L. Yates Jr. on June 24 in the Spokane County Jail. His defense attorneys arranged the examination, which included Yates providing a handwritten statement to the polygraph examiner about the murders.

First test

1 - Are you in jail today?

2 - Regarding these murders, do you intend to answer all questions truthfully?

3 - Do you trust me that I will only ask questions we reviewed?

4 - Other than what you told me, have you thought about being involved in other sexually unusual activities?

5 - Is that a true statement you just signed?

6 - Other than what you told me, have you ever masturbated to any other inappropriate sexual thought or fantasy?

7 - Did you lie in the statement?

8 - Other than this issue, do you remember lying to people in authority?

9 - Are you married?

Second test

1 - Are you in Spokane today?

2 - Regarding the murders, do you intend to answer all questions truthfully?

3 - Do you trust me when I tell you I will only ask questions on the test that we reviewed?

4 - Other than what you have told me, have you lusted for other women outside the marriage?

5 - Is that a true statement you just signed?

6 - While in the military did you ever make or file a false statement or report?

7 - Did you lie in the statement you just signed?

8 - Other than this issue, have you ever hurt someone who loved you?

9 - Is today Saturday?