March 29, 2005

Marlinga: Grand jury needs my polygraph

By Chad Halcom Attorneys for former Macomb County Prosecutor Carl Marlinga and two co-defendants in a federal fraud and conspiracy case want polygraph tests they say they passed to be placed before a newly reconvened grand jury. Peter Henning, professor of criminal law at Wayne State's Law School, says submitting polygraph results or any other evidence is not unheard of in the grand jury process, but the defendants would have no control over how that evidence is presented or whether the jurors care to review it. \"A federal grand jury can consider anything. They\'ve even been known to consider evidence that was illegally seized,\" he said.

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