Finally, the testing and use of a polygraph examination of Fritz was inexcusable. It was based on the results of this test that the police ultimately decided to arrest Fritz and then they set about building their case. In reality, the results of the polygraph were not definitive and merely indicated that Fritz was being possibly evasive. Under normal circumstances, such results would have not motivated an arrest.
The failure of the prosecution to share vital Brady material with the defense and the trial court's failure to properly rule on the state's failure were a severe violation of the defendants' constitutional rights. The defense in both cases should have been granted, at a minimum, a request for a new trial and the prosecution should have been sanctioned for their failure to share the information with the defense. The forensic evidence as to the hair samples and the palm print should have likely been excluded and, as the trial proceeded, it was not only not excluded it formed a major portion of the state's case.
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