I have never seen anything that would suggest she actually took a lie detector test.
Nurmi asked JSS to consider the lie detector test results. Ok, maybe she did not pass, but they were not admitted, which tells me she did.
"MINUTE ENTRY/ RULING - SUPERIOR COURT OF ARIZONA MARICOPA COUNTY
The Court has considered the defendant's Motion to Allow Jury to Consider Polygraph Results During Sentencing Phase filed May 31, 2012, the State's Response to Defendant's Motion to Allow Jury to Consider Polygraph Results During Sentencing Phase filed June 12, 2012 and the oral argument on July 12, 2012.
The defendant asserts the result of any polygraph examination she takes is admissible as mitigating evidence in the penalty phase.
The Arizona Supreme Court has held such evidence inadmissible because it does not relate to "any aspect of the defendant's character, propensities or record and any of the circumstances of the offense". A.R.S. 13-751(G); State v. Harrod, 218 Ariz. 268, Paragraphs 37-46, 183 P.3d 519 (2008).
In Harrod, the defendant sought to present the results of a polygraph examination and make statements of innocence during the penalty phase. The Supreme Court deemed this evidence, which it characterized as residual doubt evidence, to not be mitigation because it did not relate to the circumstances of the crime. The Court stated that "because the penalty phase does not determine whether a defendant is guilty, the 'circumstances of the offense' language in 13-7[51](G) does not authorize a defendant to present residual doubt evidence. Rather this language relates to such factors, among others, as to how a defendant committed first degree murder." 218 Ariz. at Paragraph 43. The Court held that the defendant in Harrod did not have a constitutional or statutory right to present residual doubt evidence at his penalty phase proceeding and therefore the trial court properly excluded the results of a polygraph examination. Id. at Paragraph 46.
Although the defendant does not explain exactly what her polygraph evidence will purport to show, the Court believes its purpose will be the same as that asserted in Harrod - to express her innocence of the crime. Such evidence is irrelevant in the penalty phase of a capital case.
IT IS ORDERED denying the defendant's Motion to Allow Jury to Consider Polygraph Results During Sentencing Phase.
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