Can’t pay for a lie detector test? For one man that could mean jail
A North Georgia homeless man may go to prison for 18 months because he cannot come up with $250 to take a court-ordered polygraph test.
Such a move would seem to violate a U.S. Supreme Court ruling declaring it unconstitutional to jail someone for failing to pay a fee or fine. But the man’s attorney, McCracken Poston, said the state Department Community of Supervision is nonetheless pushing for the punishment.
“It’s crazy,” Poston told The Atlanta Journal-Constitution, saying his client, Robert Murphy, has been unable to find a job since he was convicted of a sex offense and had recently been living under a bridge that spans the South Chickamauga Creek.
Advocates said that despite the high court ruling – which stemmed from a case out of Catoosa County more than three decades ago – poor people are still being jailed for failing to pay court-ordered fees.
“Debtors’ prisons are alive and well in Georgia,” Sara Totonchi, executive director of the Southern Center for Human Rights, said, adding that her group has represented many people like Murphy.
“You can’t put somebody in jail for their inability to pay. Period,” said Augusta attorney Jack Long, who has brought several lawsuits against private probation companies that pushed for arrests when probationers could not pay court-ordered fines or fees. “You cannot legally impose a condition on a poor person that has the effect of locking them up because they are poor.”
Murphy’s latest trouble began after a probation officer making a routine check of his second-hand laptop, found a photo of a boy standing with his grandmother. As a convicted sex offender, any photograph of a child — even an innocent picture — could violate the terms of his probation.
Murphy said the photograph was left on the computer by the man who sold it to him and denied using it to search for pornography. He was ordered to take a polygraph to determine if he was telling the truth about the picture and his internet use. (The probation revocation warrant that was issued when he didn’t take the polygraph also lists one other
Poston said Murphy can’t afford it.
His failure to take it has prompted the state Department of Community Supervision to ask a court to revoke some of the remaining 7 1/2 years of his probation sentence.
Murphy is scheduled to be in court at the end of November, almost three months after he was picked up and taken to the Catoosa County Jail, where he waits. A spokesman for DCS said he could not speak about Murphy’s case specifically but, in general, the agency provides probationers with a the names of local polygraphers who will test probationers at no cost. In Ringgold, there are three, the spokesman said.
But Murphy said none agreed to do it free of charge.
“They just gave me names, and I called up the names and got the prices. Nobody I know does (it) pro bono,” Murphy said. “He (the probation officer) knows I’m living under a bridge. He said, ‘you’re going to have to come up with the money.’”
They do the exact same thing in Florida….Orange County told me I had to pay. When I asked them how would I do that I just got out of jail and barely have a roof, can’t find a job, they said I would have to ask my family members or friends for money. When I said I have neither of those, they said I would be violated if I didn’t get it done somehow.
And we thought debtor prisons went out with the ‘dark ages’. Well folks, the ‘dark ages’ are alive and well in Florida. Maybe the ‘rack’ or some form of knuckle busters would help bring out the truth. The questioner could wear a black hood and insert bamboo slivers up under the finger nails to get the truth. Where is the KGB or Gestapo when DoC needs them?
These are the things that are so crazy, who can wrap their heads around it? If his laptop was seized and checked for poronography and none found that should be the end of it. How can a photo of a clothed child standing with an adult constitute suspicious activity. This PO must have his/her hands in the pockets of the folks doing the polygraphs! This kind of treatment is part of the big picture, which is Registry=Crimes against Humanity.
when I was on probation I was told that if I did not pay for my
polygraph or my treatment program that I would be violated
while in treatment I had too take 2 polygraph a year. and pay
for them.Did treatment a little over 4 years. after 10years 6mo’s
I am off probation. but not free. this is in florida.
Georgia is the State that hooks probes to a persons penis
My bad, Sex Offender is considered a person
Sex Offender is not considered a person
Frankly this sort of stupidity make me ashamed to be an American.
This treatment of Americans on American soil is criminal. I don’t care what state, county, or shithole city…it’s still happening in AMERICA!
Unconscionable! But then again RSOs constitutional rights are violated every single day in most states.
Beware of the REACH program located in Ft. Lauderdale Florida. It is operated by a nasty person, Dr. L. Butts. The Government will back her up no matter what, for whatever reason. I paid fees every month, passed all my Poly’s and just because I did not purchase their so called “Workbook” she terminated me from their program. well, I was violated and sent back to prison. All the workbook was, was a tool for you to admit behavior that had nothing to do with my crime to begin with. When I ask what my progress was, All I got was double talk and trickery, stating that she can’t share anything with me as she is contracted by U.S. Probation, All hogwash! I think the Judge may have saw through the program’s motives and terminated my probation.
Nothing but HORRIBLE feedback from registrants who are in the REACH program.
Yes, it’s a real scam. They charge for an Hour of what they call an “individual” session, I got 15 20min of nothing. You can not be late, but they were late sometimes 30 mins. Double standard. I don’t know when the Government is going to wake up and see this fraud for what it is. They should be criminally prosecuted for Fraud. I also had sessions with their so called experts, they were only interns.