Testing Death Row Inmates

Testing Death Row Inmates

The Roger Keith Coleman Case

A. Wyatt Omohundro

Imagine this scenario: You’ve finished in every situation, in every case. You never a long day at work, perhaps already running a know how much scrutiny your polygraph polygraph and completed all the paperwork testing will undergo. accompanying it as well as many other duties. You’ve just arrived home from work and are This was the situation surrounding the getting ready to eat dinner with your family. Virginia criminal case of Roger Keith Coleman The phone rings, which isn’t all that unusual in 1992 and the focus of this article. Coleman given your profession. However, the caller had been convicted and sentenced to death for (the Superintendent of your entire police the 1981 rape and murder of his 19-year old department) makes a most unusual request, sister-in-law. He was scheduled for execution starting a situation that is going to follow you on May 20, 1992, eleven years after the crime and your department for the next decade: on was committed. As his execution date drew the day that he is to be executed, run a death near, attorneys for both sides agreed that row inmate on polygraph to determine his Coleman could take a polygraph conducted by truthfulness. the Virginia State Police. On May 19, the day before the scheduled execution, the Governor As a polygraph examiner, how do you of Virginia, L. , made a request handle this request? of the Superintendent of the Virginia State Police, Colonel W. F. Corvello that they In the criminal justice field, police conduct a polygraph examination on Coleman officers, prosecutors, judges, sheriffs, police the next day -- the day of his execution. I was chiefs and, at times, even governors request the polygraph examiner who received the polygraph examinations be conducted in phone call that evening at my home after a cases that are not best suited for polygraph. long day’s work. I had no idea at that time So often, these individuals are not trained in that this one phone call would be the polygraph, and so often they do not beginning of my involvement in a case that understand the highly technical aspects of would linger for over ten years. what is required for a professional, successful polygraph examination. Admittedly, they are To my knowledge, there had never usually under professional or political been another polygraph test conducted in a pressures regarding the case at hand, but at situation like this. And after 31 years with the same time, their requests tend to cause the Virginia State Police and 18 years as a undue stress on the polygraph examiners. It polygraph examiner, I had never conducted a is difficult for an examiner to tell the agency polygraph under those circumstances. I was head or, worse, the governor, that this summoned that evening to the particular case is not ideal for a polygraph Superintendent’s office at the VSP test; it is even more difficult when a higher-up Administrative Headquarters in Chesterfield places inappropriate parameters on the County, Virginia. testing itself. People who are unfamiliar with the workings of polygraph will inevitably ask He instructed me to take my polygraph for inappropriate questions to be asked at the “machine” and travel to Greenville wrong time in the worst manner; saying “no” Correctional Center the following morning, to them is difficult. But in order for the May 20, 1992 and administer a polygraph test polygraph to maintain its integrity and the on Coleman. He also stated that the Governor examiners their credibility, it is imperative had faxed a list of eleven questions he wanted that the standards set forth for professional me to ask Coleman on my machine. Now, as and appropriate examinations be maintained all polygraph examiners know, we do not work

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on “machines”; we work on “instruments.” Roger Keith Coleman’s death penalty And we all know that in order to conduct a case had already stretched on for over ten professional polygraph examination, we years. It started on the night of March 10, should conduct this examination like we 1981 in Grundy, VA. Nineteen year old conduct all other polygraph examinations and Wanda Fay McCoy was raped and murdered not vary from our normal procedures. Since in her home. Her husband, Brad McCoy, the Superintendent was not a polygraph returned home from working in the coal mines examiner and was obviously under pressure and found his wife lying on the floor in a pool from a higher entity, I diplomatically explained of blood. Her sweater was hiked up around to him that it absolutely was not a good idea her neck and her underpants were shoved to administer a polygraph examination on a down around her left foot. She had been death row inmate on the same day he was stabbed twice in her chest and slashed across scheduled to be executed and also in the same her neck with such force that the gash, four area of the building as the was inches wide and about two inches deep almost located. I requested Coleman be transported cut her spinal cord. to the Virginia State Police First Division Headquarters the following morning, and I Her husband, Brad, described his wife would conduct this examination in the Wanda as being shy and reclusive, and who manner I conduct all other polygraph had been jittery since receiving a series of examinations. The Superintendent agreed, obscene phone calls the year before. She kept and I went home. I spent the rest of the night all doors and windows locked. There was no planning for the test the next day. indication of forced entry at the time. She would only open her door to three men in the However, during my meeting with the town of Grundy. The police questioned all Superintendent, I did not attempt to explain three men and quickly determined that the problem I anticipated having with Wanda’s brother-in-law, Roger Keith Coleman, Coleman’s “psychological set.” I did not know was the suspect. Coleman had served time in at that time if I could keep Coleman’s prison from 1977 to 1979, two years prior to attention on the case at hand or whether or this crime, for attempted rape and he was not he would be thinking about the planned lacking a convincing alibi for this particular execution he was scheduled for that same evening. day. My plan was to go step-by-step during the test and attempt to determine whether or A month later, Roger Coleman was not his “psychological set” was in fact on the arrested and charged with the murder and case being tested. rape of Wanda McCoy. A year later there was a four day trial; after three hours of I was also concerned Coleman may deliberations, Coleman was found guilty of have been coached by his attorneys to rape and murder and sentenced to death. disregard my instructions, or to talk, move, or cough in order to cause the results to be Eleven years after this murder and on inconclusive. If this occurred, I planned to the eve of his execution, why did the governor give Coleman two warnings about following of Virginia request that a polygraph my instructions; if he failed to follow my examination be conducted in this criminal instructions a third time, I would terminate case? the test and have him returned to Greenville Correctional Center. My determination of the From 1981, when Coleman was polygraph examination would be “Test convicted of this crime, to 1992, every day, Terminated” due to lack of cooperation; I every moment Coleman was awake, he would not allow the test to continue under steadfastly maintained his innocence. He and those circumstances. I was not going to have his legal team launched a public relations an “inconclusive” result simply due to him blitz to convey his story. He convinced people being uncooperative. in Virginia, the , and around the world that he was innocent of this crime. The * * * Governor’s office was swamped with over 13,000 calls from people around the world, pressuring him not to execute Coleman for

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this crime. Hollywood celebrities weighed in. a lifetime in law enforcement, I am not one to Time had Coleman’s picture on its cover in be easily convinced. 1992. Mother Teresa and Pope John Paul pleaded for his life. In the last few days of his The Governor’s Office had requested life, Coleman was interviewed on television by via the Superintendent that I ask Coleman Bryant Gumbel, Larry King, and Phil eleven specific questions during the Donohue. polygraph. Unfortunately, these questions did not meet the standard protocol that polygraph On May 20, 1992, Coleman was examiners are trained to follow. The eleven transported to the Virginia State Police questions that the Governor’s Office wanted Headquarters in Richmond for the polygraph me to ask were: examination, arriving one hour earlier than scheduled. I met with Coleman, and told him 1. Do you know a Duncan E. Chester who I would be the examiner and that I would start you went to high school with? the examination as soon as I could. I pointed 2. Did you go bowling about a week before out to him he was an hour early. I asked Wanda Faye McCoy was murdered with Coleman if I could do anything for him or if he Duncan Chester, George Lester, Stanley had any request; he asked if I would call his Stacy and your wife, Patricia? attorney in Washington, DC to see if she was 3. While at the bowling alley did you show going to attend the polygraph examination. Duncan Chester a large knife? He stated he had not heard from her. He gave 4. Was that the murder weapon? me her telephone number and I returned to 5. Did you throw that knife in the river? my office and called her. 6. The night of the murder, did you go to the house of Wanda Faye McCoy? A woman answered the telephone and 7. Did you think that Wanda Faye McCoy identified herself as Coleman’s attorney. I was flirting with you? identified myself and asked her if she was 8. Did this make you think that she going to attend the polygraph examination “wanted it?” and she replied she has no intentions of 9. Did things then get out of control? attending. I then asked if she had any 10. Did Wanda Faye McCoy try to stop you? message for Coleman; she hesitated for a few 11. Did you then kill Wanda Faye McCoy seconds and then said to tell Coleman “Good because you did not want to go back to luck.” prison?

During the pre-test interview with An optional question was to be: Did Coleman, he repeated the same statements to you tell George Lester in 1982 that you had me as he did in his original interview with raped and murdered Wanda Faye McCoy? Special Agent Jack Davidson, the case agent. He stated he did not kill Wanda McCoy; he As all trained polygraph examiners can was not there when she was killed, he was not see from this list, these are not appropriate involved in her death in any manner, and he questions for the test. had never had sexual intercourse with her in his lifetime. He answered each question For this exam, I used a Stoelting without hesitation. Ultrascribe analog instrument with three pens. The Backster specific issue test was After talking with him for short period used, with two relevant questions and three of time, I could tell he was very intelligent. control/comparison questions. Three charts He covered each piece of evidence the were run. Commonwealth’s Attorney used in court to convict him. He explained how each piece of The two relevant questions were: evidence could not have pertained to him. He had excellent eye contact, he was friendly, 1. Did you inflict any of the injuries that cooperative and, much to my surprise, he resulted in the death of Wanda followed each one of my instructions without McCoy? hesitation. He was very convincing, and after

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2. Regarding the death of Wanda McCoy, Even though my polygraph did you, yourself, inflict any of those examination was completed, the governor’s fatal injuries? decision was made, and Coleman was executed, this case did not go away. This case The control/comparison question was: “Ever had been closely watched by opponents of the remember hurting anyone?” death penalty, and for years was often cited as an example of a man murdered for a crime he Using the Backster technique, in order may not have committed. His final statement to reach a determination of “Deception galvanized many in the anti-death penalty Indicated”, there must be a numerical evalua- movement. The book May God Have Mercy, tion of -13 or more points with three charts published in 1998, portrays Coleman as being using two relevant questions. The numerical innocent, stating that Coleman was given a evaluation of the three charts was -15. polygraph test on the same day he was executed and he was emotionally upset and The determination of this test was crying at the time, implying that this was a “Deception Indicated.” very improper polygraph test. Readers of this book, as well as viewers of all the additional In reviewing and grading the three media coverage and publicity, were persuaded charts, I could see Coleman reacted in a of Coleman’s innocence and could not timely manner to each relevant question and understand why Virginia had executed an also reacted somewhat to each “innocent” man. control/comparison question. Whenever any individual is tested who has a long history of As time passed and DNA testing committing crimes, problems can develop with improved and moved to the forefront of law control/comparison questions. However, I enforcement investigation, the Coleman case was absolutely convinced his psychological set emerged as a prime example of how new was, in fact, on the murder of Wanda McCoy, scientific testing could prove an executed man not on the other event that was planned for to be innocent, and possibly thwart the death him later that day. Two other Virginia State penalty, not only in Virginia but throughout Police polygraph examiners also graded the the nation, for good. charts after I did and came to the same conclusions. Dr. Edward T. Blake, a scientist in California who had been hired by Coleman’s I had been instructed by the legal team in the 1980s, still had a sample of Superintendent not to discuss the results of the genetic material extracted for DNA testing. the test with Coleman. When the examination Obviously, DNA testing in the 1980’s was not had concluded, I explained to Coleman that I as advanced as it is today. Dr. Blake stated had finished and he would then be returning he had his work product locked in his freezer; to Greenville. He never asked if he passed or there was never any issue with regard to failed the test. I found this to be highly “chain of custody” of his work product. unusual. Different parties petitioned courts at both the state level and the federal level to have this Coleman was executed a few hours sample tested by modern DNA testing after he returned to Greenville Correctional techniques. All courts rejected their petitions, Center. His final statement, which was stating they did not have proper standing to broadcast on news stations and published in make such a request. newspapers across the nation, was: In January 2006, a few days before he “An innocent man is going to be left office, Virginia Governor (D) murdered tonight. When my innocence ordered DNA testing on the work product of is proven, I hope America will realize the Dr. Blake. The sample was tested at Ontario’s injustice of the death penalty as all Center of Forensics Laboratory in Canada. other civilized countries have.” Subsequently, the media rehashed their coverage of the Coleman case, from beginning * * * to end. Investigators, witnesses, family members, and judges were all interviewed and

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old wounds were reopened. Much was made enforcement and polygraph examiner; you in the press of the so-called “last minute never know what case is going to be polygraph.” I was now retired and had moved sensationalized. You usually don’t have time on to a second career in polygraph consulting, to anticipate this situation; it springs up but I steadfastly stood by my examination unexpectedly. from a decade earlier. I knew that I had conducted my exam according to accepted My recommendation to all polygraph standards and that it had been accurate; two examiners is: regardless of the assignment, other examiners had agreed with me on my regardless of the person making the request, chart reading that very day. Many people you must follow your professional training involved in this case, however, had to endure and your normal operating procedure and not again prolonged, pointed questioning from all vary from either. Throughout your career as a directions; in many ways, it was like the crime polygraph examiner, there will be many times had been committed all over again. where you must diplomatically and convincingly explain the procedures and Later that month, the DNA testing techniques to those who don’t understand results showed that only one person in them in order to do your job correctly and nineteen million people could have committed professionally. You can not let outsiders take this crime. That one person was Roger Keith over your examination in any way. The Coleman. integrity of your examination, your professional reputation, and quite possibly the Unfortunately, the re-examination of outcome of the case will all be compromised if this case, ten years later, caused undue that happens. The case at hand may be hardship on all the parties involved. Even resolved the very day of your examination and though I was comfortable in my confidence in you may never hear another mention of it my polygraph results, I dreaded turning on again; or, it may drag out for a decade, as this the evening news during that time to see what one did. Your examinations must be angle of the case was being dredged up again. impeccable, thorough, and by-the-book each and every time. You never know how much My story is an important one to scrutiny you and your polygraph will undergo. remember in the life of today’s law

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