POLYGRAPH REPORTS: Prison employees accused of sexual assaults passed lie detector tests.
Report on test results says men ‘categorically denied’ having sexual contact with inmates
Two Lackawanna County Prison employees accused of sexually assaulting a female inmate passed a lie detector test given to them by an examiner they hired, according to copies of the reports supplied to The Times-Tribune.
Robert Maguire and William Shanley voluntarily took the polygraph test to protect their reputation against allegations a woman made against them in a federal lawsuit, their attorney, Gerard Karam, says in a letter to Amil Minora, who was appointed last week to investigate some of the claims in the suit.
Mr. Karam’s letter and copies of the results of the polygraph tests were dropped off anonymously at The TimesTribune on Friday evening. Mr. Karam confirmed the polygraph reports are authentic, but said he does not know who provided them to the newspaper.
Mr. Karam wrote the letter to Mr. Minora, apparently believing he is investigating all allegations made in the lawsuit. It has since been learned that Mr. Minora is only investigating claims that Warden Tim Betti knew inmates were being sexually abused, but covered it up.
The polygraph tests were conducted by William Holloman, a retired 26-year veteran of the FBI who worked as a polygraph examiner for the U.S. Department of State for eight years. The tests were done on Dec. 10 — one day after The Times-Tribune published a story about a federal lawsuit filed by four female inmates who allege eight prison employees, including Mr. Shanley and Mr. Maguire, sexually abused or harassed them and that other prison staff knew about the abuse, but failed to report it.
The Times-Tribune does not identify victims of sexual assault.
Mr. Shanley and Mr. Maguire are accused of sexually assaulting one of the four women.
The woman claims Mr. Maguire repeatedly sexually assaulted her when she was jailed between 2010 and 2013 and continued to coerce her into having sex with him while she was out on probation up until this year. The suit also accuses him of covering up abuse of other inmates.
Mr. Shanley is accused of sexually assaulting the woman while she was in the restricted housing unit at the prison. He also is accused of arranging to have her released from the prison, then sexually assaulting her in a car on three occasions. The suit does not identify when the alleged assaults occurred.
In his report, Mr. Holloman says Mr. Maguire and Mr. Shanley “categorically denied” having sexual contact of any kind with any inmates, including the woman who has accused them. Sexual contact includes intercourse, oral sex, groping or any physical contact with an inmate outside the prison on work release, probation or parole, he said.
The report indicates Mr. Maguire was questioned for two hours and 40 minutes, while Mr. Shanley was questioned for just more than two hours. The men “showed no deception” when they answered “no” to the two “relevant” questions:
Did you have sexual intercourse with a female inmate? Have you had sexual contact with a female inmate?
The report does not identify what, if any, other questions were posed to the men. It also does not provide any further explanation of how Mr. Holloman decided which questions were relevant and which ones were not.
Attempts to reach Mr. Holloman for comment Monday were unsuccessful.
The results of polygraph tests generally are not admissible in court, though some federal courts have allowed them under certain conditions, said Darryl Starks of North Carolina, a polygraph examiner and board member of the American Polygraph Association.
Mr. Starks, who is not involved in this case, said courts have allowed the results in cases where both parties agree in advance to certain conditions, including who does the test, what questions will be asked and the format to be used.
Mr. Starks said based on information provided by a reporter, it appears Mr. Holloman conducted a standard test. If Mr. Karam were to seek to admit it as evidence it would undergo a second review by an independent examiner to assess the reliability of the results, he said.