



Dr. Phil show John Swartz in a 2007 appearance on theshow



Polygraph operator



The revelation was made by federal prosecutor Peter Ainsworth in a pre-trial hearing over the admissibility of polygraph examinations administered by Swartz. According to the Associated Press, "Swartz had denied during the test to using illegal drugs. He said he had forgotten about taking marijuana in his youth."



Can anyone believe that a former DEA employee could have "forgotten" such a thing?



Quote:

http://www.dallasnews.com/sharedcontent/APStories/stories/D9507E001.html



Prosecutors cast doubts on lie detector tests



12/11/2008



By JUAN A. LOZANO / Associated Press



Prosecutors cast doubt Wednesday on two lie detector tests that a federal judge indicted on sexual abuse charges is trying to get admitted into his trial, saying they were riddled with errors and that the man who performed the polygraphs has himself failed such a test.



But attorneys for U.S. District Judge Samuel Kent argued in a court hearing that the polygraph tests taken in August and September were valid and accurate and their results did not indicate their client was lying when he denied the allegations.



The hearing on whether to admit the polygraph tests was set to resume Thursday.



Kent, 59, was indicted in August on charges he fondled a former case manager and tried to force her into a sexual act. He is facing two counts of abusive sexual contact and one count of attempted aggravated sexual abuse following a U.S. Justice Department investigation into complaints by case manager Cathy McBroom.



His trial is set to begin Jan. 26.



John Swartz, the polygrapher who performed the two lie detector tests, testified he asked Kent questions related to the accusations against him, including whether he had a sexual encounter with Broom against her will and whether he touched her sexual organs without her consent.



Kent answered "no" to all these questions, only answering "yes" when asked if all his physical encounters with McBroom were entirely consensual. Dick DeGuerin, Kent's high-profile criminal defense lawyer, has previously said that everything that happened between Kent and McBroom was consensual. Her attorney has denied this.



"Was there deception ever indicated on these tests?" DeGuerin asked Swartz.



"In my opinion, no," Swartz responded.



During the hearing, DeGuerin said that McBroom has alleged that Kent had an erection during the alleged harassment. But Kent's lawyer made public for the first time that since 1999 the judge has been diagnosed as impotent.



Prosecutor Peter Ainsworth questioned the validity of Swartz's tests. He said an initial report from September that prosecutors received from Swartz was full of mistakes, including listing the wrong questions that were asked during the tests. Ainsworth said he didn't receive a corrected report until late Tuesday evening.



"These are different questions (on the corrected report). Which did you ask? How did you get this wrong?" Ainsworth asked.



Swartz had no explanation for the mistakes.



Ainsworth also criticized Swartz for not having the test results reviewed by an independent party, something that experts in the polygraph field call for.



The prosecutor also revealed during the hearing that Swartz in 2006 failed a lie detector test he took while applying for a job with the FBI. Swartz had denied during the test to using illegal drugs. He said he had forgotten about taking marijuana in his youth.



If convicted of attempted aggravated sexual abuse, Kent could face up to life in prison and a fine of up to $250,000. Each of the two counts of abusive sexual contact carries a sentence of up to two years in prison and a fine of up to $250,000. Kent was the first federal judge in 17 years indicted while still on the bench.



McBroom accused the judge of physical sexual harassment over a four-year period starting in 2003 when he was the only U.S. District Court judge in Galveston, an island beach town 50 miles southeast of Houston.



McBroom has said the alleged harassment culminated in March 2007, when the judge pulled up her blouse and bra and tried to force her to perform oral sex when they were interrupted.



Her accusations were first investigated by the Judicial Council of the 5th U.S. Circuit Court of Appeals. That panel suspended Kent in September 2007 for four months with pay but didn't detail the allegations against him.



The Associated Press does not normally name alleged victims of sexual abuse, but McBroom's attorney and her family have used her name in publicly discussing the case. A gag order has been issued in the case by U.S. District Judge Roger Vinson, a Florida jurist appointed to preside over the trial.



Pending his trial, Kent continues to hear cases at the federal courthouse in Houston, where he was transferred this year as part of his punishment by the judicial council. McBroom was also relocated to Houston after reporting her allegations. 12/11/2008By JUAN A. LOZANO / Associated PressProsecutors cast doubt Wednesday on two lie detector tests that a federal judge indicted on sexual abuse charges is trying to get admitted into his trial, saying they were riddled with errors and that the man who performed the polygraphs has himself failed such a test.But attorneys for U.S. District Judge Samuel Kent argued in a court hearing that the polygraph tests taken in August and September were valid and accurate and their results did not indicate their client was lying when he denied the allegations.The hearing on whether to admit the polygraph tests was set to resume Thursday.Kent, 59, was indicted in August on charges he fondled a former case manager and tried to force her into a sexual act. He is facing two counts of abusive sexual contact and one count of attempted aggravated sexual abuse following a U.S. Justice Department investigation into complaints by case manager Cathy McBroom.His trial is set to begin Jan. 26.John Swartz, the polygrapher who performed the two lie detector tests, testified he asked Kent questions related to the accusations against him, including whether he had a sexual encounter with Broom against her will and whether he touched her sexual organs without her consent.Kent answered "no" to all these questions, only answering "yes" when asked if all his physical encounters with McBroom were entirely consensual. Dick DeGuerin, Kent's high-profile criminal defense lawyer, has previously said that everything that happened between Kent and McBroom was consensual. Her attorney has denied this."Was there deception ever indicated on these tests?" DeGuerin asked Swartz."In my opinion, no," Swartz responded.During the hearing, DeGuerin said that McBroom has alleged that Kent had an erection during the alleged harassment. But Kent's lawyer made public for the first time that since 1999 the judge has been diagnosed as impotent.Prosecutor Peter Ainsworth questioned the validity of Swartz's tests. He said an initial report from September that prosecutors received from Swartz was full of mistakes, including listing the wrong questions that were asked during the tests. Ainsworth said he didn't receive a corrected report until late Tuesday evening."These are different questions (on the corrected report). Which did you ask? How did you get this wrong?" Ainsworth asked.Swartz had no explanation for the mistakes.Ainsworth also criticized Swartz for not having the test results reviewed by an independent party, something that experts in the polygraph field call for.If convicted of attempted aggravated sexual abuse, Kent could face up to life in prison and a fine of up to $250,000. Each of the two counts of abusive sexual contact carries a sentence of up to two years in prison and a fine of up to $250,000. Kent was the first federal judge in 17 years indicted while still on the bench.McBroom accused the judge of physical sexual harassment over a four-year period starting in 2003 when he was the only U.S. District Court judge in Galveston, an island beach town 50 miles southeast of Houston.McBroom has said the alleged harassment culminated in March 2007, when the judge pulled up her blouse and bra and tried to force her to perform oral sex when they were interrupted.Her accusations were first investigated by the Judicial Council of the 5th U.S. Circuit Court of Appeals. That panel suspended Kent in September 2007 for four months with pay but didn't detail the allegations against him.The Associated Press does not normally name alleged victims of sexual abuse, but McBroom's attorney and her family have used her name in publicly discussing the case. A gag order has been issued in the case by U.S. District Judge Roger Vinson, a Florida jurist appointed to preside over the trial.Pending his trial, Kent continues to hear cases at the federal courthouse in Houston, where he was transferred this year as part of his punishment by the judicial council. McBroom was also relocated to Houston after reporting her allegations. Polygraph operator John S. Swartz of Houston, Texas -- a graduate of the U.S. Government's polygraph school and former Drug Enforcement Agency employee -- reportedly failed the drug-related portion of an FBI pre-employment polygraph administered in 2006.The revelation was made by federal prosecutor Peter Ainsworth in a pre-trial hearing over the admissibility of polygraph examinations administered by Swartz. According to the Associated Press, "Swartz had denied during the test to using illegal drugs. He said he had forgotten about taking marijuana in his youth."Can anyone believe that a former DEA employee could have "forgotten" such a thing?