As Cathy Broad reported in her Letter to the Editor, Chapter 21, the initial unidentified suspect resulted from a discussion between Patrick Coffey and Lawrence Wasser at a national polygraph conference in Las Vegas, Nevada. The lead was the result of the request by Jane Burgess, the attorney for the unidentified suspect, to conduct a polygraph examination. I had no experience in polygraph law and I did not have any understanding why a defense attorney would ask for a polygraph examination if the results were not admissible in court.
Two of my lawyer friends advised me that in negotiating certain plea agreements, the prosecutor would require that the defendant pass a polygraph examination. To be certain that the defendant could pass, the defense attorney first arranges an appointment with a polygrapher to determine the result. If the defendant does not pass, they do not accept this plea agreement. If the defendant does pass the plea agreement is accepted.
It is my understanding that the unidentified suspect advised Wasser that he has passed a polygraph test for the OCCK case. Wasser did not complete the scheduled polygraph examination.
Later in this Story I will discuss two pedophile cases in which Busch received probation when the pretrial documents indicate probation would not be allowed.