Cordoba

ORDER FINDING POLYGRAPH EVIDENCE INADMISSIBLE AND REINSTATING CONVICTION

The court finds unstipulated polygraph evidence does not meet the Dauberb v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 , 113 S.Ct. 2786 , 125 L.Ed.2d 469 (1993) test for admission in evidence. The court finds polygraphy has not acMeved general acceptance in the scientific commumty for courtroom use, the error rate for real-life polygraph tests is unknown, and there are no controlling standards for polygraphy.

I. BACKGROUND

In 1995 police conducted a surveillance operation in Santa Ana, Califorma, and observed a van pull into an alley and stop next to an open garage. A group of men watchfully loaded heavy objects from the garage into the van. Once loaded, the van was driven to a nearby shopping center and parked. Defendant appeared in the parking lot, climbed into the van’s driver’s seat, and drove away.

Shortly thereafter, police stopped the van and a search revealed three duffle bags and three cardboard boxes containing 300 kilograms of cocaine. Defendant was arrested and charged with possession of cocaine with intent to distribute.

Before trial, and without the government’s knowledge, Defendant…