Polygraph evidence excluded from Montgomery trial

JUDGE DENIES MOTION IN WIFE'S MURDER CASE

gkocher1@herald-leader.comNovember 24, 2009 

MOREHEAD — A jury will not hear evidence and testimony about a lie-detector test in the trial of a Montgomery County woman accused of killing her husband.

Special Judge Janet Coleman issued an order Monday during a conference in the case of Pamela Bartley, who is charged with murder.

Carl Bartley, 58, was found shot to death in the garage of his home in Jeffersonville in 2007.

The defense had hoped that the jury would be allowed to hear testimony regarding a polygraph examination of a woman with whom Carl Bart ley allegedly was having an affair.

The defense said the woman had answered "no" when asked whether she had killed Carl Bartley, but that the polygraph indicated deception.

Kentucky courts traditionally do not consider polygraph results to be admissible evidence at trial.

The defense claimed that it was entitled to a hearing on the admissibility of polygraph evidence. But Coleman overruled the defense, saying in her order, "There is simply no consensus that polygraph evidence is reliable."

The Bartley trial is scheduled to start Dec. 7 in Morehead. It was moved there after a jury could not be seated in July in Mount Sterling.

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