Friday, May 02, 2008

Joe Cool defendant passes polygraph

Assistant Public Defenders Anthony Natale and Brian Stekloff, along with co-counsel Bill Matthewman, who represent Joe Cool defendant Guillermo Zarabozo, filed a motion yesterday to admit polygraph evidence. Here's the intro:

Mr. Zarabozo has passed scientifically valid polygraph examinations conducted by two separate, leading experts in the field of polygraph examination. Both experts have determined that Mr. Zarabozo truthfully answered questions that demonstrate he did not: (1) commit premeditated murder, i.e., shoot anyone; (2) conspire to commit murder; or (3) commit felony murder. The Eleventh Circuit has held that polygraph evidence is admissible to corroborate the testimony of a witness at trial–here, Mr. Zarabozo. See United States v. Piccinonna, 885 F.2d 1529, 1536-37 (11th Cir. 1989). Moreover, for the reasons discussed in detail below, the science of polygraph examination has evolved to a point where it clearly satisfies the requirements of Daubert. As Justice Potter Stewart stated, “Any rule that impedes the discovery of truth in a court of law impedes as well the doing of justice.” Hawkins v. United States, 358 U.S. 74, 81 (1958) (Stewart, J., concurring). Any effort to deprive a jury from hearing the results of Mr. Zarabozo’s polygraph examinations would run contrary to Justice Stewart’s admonition and would impede justice in this case.

Apparently Zarabozo passed two different polygraph examinations. Here are the questions from the first polygraph:

“1. While on the Joe Cool, did you shoot anyone? Answer – No.
2. Before hearing the first gunshot, had you talked with Kirby Archer
about shooting anyone on board the Joe Cool? Answer – No.
3. Before hearing the first gunshot, had you talked with Kirby Archer
about stealing the Joe Cool? Answer – No.”

And from the second:

“Q1: Regarding what you knew before that charter boat the ‘Joe Cool’ crew was killed and
the boat hijacked last September 22, 2007: Do you intend to answer truthfully each
question about that” A1: Yes.
Q2: Other than what you now know: At any time before the crew members of the Joe
Cool were shot: For any reason did you really know that was going to happen? A2:
Q3: When you said that before the shooting occurred on that boat the Joe Cool; that the
only reason you were on board, was to travel to Bimini and participate in pre-planned
security job with Kirby Archer, did you lie about that? A3: No.
Q4: When you said that you expected to participate in a future CIA assignment with
Kirby Archer either in Cuba or Venezuela after the Bimini security job was done: Did
you lie about that? A4: No.
Q5: When you said that you brought your handgun for use on the Bimini security job and
that it was never intended to be used by you or Kirby Archer to hijack that boat the
Joe Cool: Did you lie about that? A5: No.”


Anonymous said...

Very interesting on the polygraph. Check out Greco v. Workman, 481 F.Supp. 481 (D. Mass. 1979). Louis Greco was a decorated WWII war hero who died in prison in 1995. He was in Florida when the murder for which he was sentenced to death in Massachusetts in 1968 was committed. He passed 3 separate polygraphs--Miami Police in 1967, American Polygraph Association in 1978, and 8 charts run by Ed Gelb in 1983 on national television. In 2000, the truth was revealed through the federal government's own documents--Greco was innocent. This resulted in a Congressional Investigation and subsequent $101.7 million dollar judgment last year against the feds--$26 million to Greco's estate. I represented Greco from 1977 until he died in 1995. I filed 5 motions for new trials, 4 appeals to the Massachusetts Supreme Judicial Court, and three petitions for writs of certiorari. I also filed 3 petitions for commutation. I hope the feds and the courts credit the Joe Cool polygraph.

John Cavicchi, Boston, MA.

Anonymous said...

Maybe he should submit to a government administered polygraph . . . but I seriously doubt that's going to happen.

Anonymous said...

The NYTimes has an interesting opinion article today indirectly related to this case.

"Ms. Schaffer is the 25-year-old owner of a private security firm. Her company, Diplomatic Tactical Services, seems like the kind of security firm you’d find in one of Carl Hiaasen’s crime thrillers. Last year Ms. Schaffer was denied a private investigator’s license; she had failed to supply the Florida licensing division with proof of “lawfully gained, verifiable experience or training.” Even more unsettling, one of her former subcontractors, Guillermo Zarabozo, is now facing murder charges in United States District Court in Miami for his role in allegedly executing four crew members of a charter fishing boat, then dumping their bodies at sea."