State v. A.O., A-107 September Term 2007; Supreme Court; opinion by Rabner, C.J.; decided March 4, 2009. On certification to the Appellate Division, 397 N.J. Super. 8 (App. Div. 2007). [Sat below: Judges Weissbard, Reisner and Gilroy in the Appellate Division; Judge Dupuis in the Law Division.] DDS No. 14-1-2957 [37 pp.]
On April 27, 2001, defendant was questioned for four hours by police, who suspected he sexually assaulted his girlfriend’s 10-year-old daughter. The police advised defendant of his Miranda rights three separate times. Seeking to clear his name, defendant agreed to take a lie-detector test. Defendant, without counsel, signed a stipulation in which he not only agreed to take the test but also agreed that the results would be admissible at trial; agreed that the polygraph examiner was an expert; waived any objection to the admissibility of the expert’s testimony; and waived the right to call another expert or witness about that evidence.
