Quote From: avatarga1Let me preface this by saying that I believe that Dr. Phil McGraw gets it right over 95% of the time. But, this one? He totally blew it. The lady school teacher didn't exhibit enough emotion over the "problem" and he shot her some critical looks and asked why she wasn't more upset about all that was being discussed in the first show.
DUH! It was six (6) years ago and she had to deal with a criminal trial with maybe not seeing her daughter for high school graduation, college graduation and maybe a marriage ceremony and possibly a grandchild's birth. And, when she was released, if she wasn't "shivved" and killed as a child molester in prison, she'd have to register as a sex offender when she got out. My take watching her? She had a steel resolve in letting all know she was railroaded into court on these felonious complaints and a smart jury said "What?" and dropped the charges. Ya shouldn't have done that to her Dr. Phil....
Dr. Phil was concerned that she didn't display enough emotion. Again, DUH! She was "emoted out"! After all, she's been through for SIX (6) years of intense scrutiny including a criminal trial where she was exonerated, she didn't need to cry and yell at the three (3) lying kids that put her in the situation she found herself in. It was obvious to me she was there to show that all three (3) boys were lying through their teeth about what they said happened. (which was true as per Dr. Phil's expert polygraph examiners) She had transcripts of the criminal trial where all the boys were totally inconsistent in their testimony. Dr. McGraw never refferred to them or read any part of them once. Why?
Her story was told with a little bit of, maybe, "she may have done it... or she may not have done it" type attitude. After watching both shows, there is NO doubt in my mind. She was railroaded into court on a trumped up charge fueled by a political agenda.
She refused to take a polygraph test on advice of counsel. Some of you said she should do it anyway because it was not admissable in court. Let's get our courts straight folks. It's not addmissable in CRIMINAL court but CAN BE admissable in civil court under certain circumstances. And in civil court, in some states, the "defense" can have questions asked which is NOT relevent to the case but could taint a jury's judgement. (Remember OJ was NOT convicted of murder in criminal court but WAS CONVICTED in civil court) The rules of evidence in civil court is MUCH MORE LENIENT than criminal court.
There were two (2) shows, which I thought was appropriate in telling the "story". The two (2) shows that were originally shown could have been condensed into one telling her story, with the second show dealing with something else entirely. Here's how I would have presented this entire story....
The two (2) day show should have been condensed to one with her story and all the polygraph data... Here's how the second show should have gone:
1) A chronology of events to state:
a) Someone tells the school officials that the boys had sexual encounters with the teacher.
b) The boys should be questioned as to the veracity of the claim. This was done. (This starts a BIG problem)
What happened: The Principal of the school or Guidance Councelor questioned the boys as to whether this happened. They were all together at the time. (NOTE: This is NOT an accepted law enforcement interview technique for sexual crimes)
All three (3) boys stated that they "DID" the teacher, a felony in all 50 states at their age at that time. At this point in time when school official learn a felony has, or may have been, committed, by law, in all 50 states, interrogation by school officials must stop and the police be called in so that law enforcement criminal investigators conduct legal interviews of the victims. This DID NOT HAPPEN! The school officials interrogated ALL THREE (3) BOYS AT THE SAME TIME IN THE SAME ROOM in violation of state law (Only law enforcement or court appointed investigators can question suspects, witnesses or victims of a felony). This would constitute contaminating the multiple victims (3) statements.
c) The "victims" were questioned by the police and at some point within a few days after the complaint against the the teacher was filed and they took a polygraph test. All three (3), one of which was a former city Mayor's son, was adjudged to be telling the truth by the city police polygraph examiner.
A few days after that, one kid recanted, saying nothing happened at all. But WAIT!! He passed a POLYGRAPH TEST by the local police!!! Hmmmm.... A second kid, the mayor's son, by phone, on the 1st, show, also failed miserably on his test. after passing a polygraph by the local police. Gee... as did the THIRD kid who appeared in person on the second show.
Both of Dr. Phil's polygraph examiners were TOP NOTCH (FBI, CIA, NSA, etc.) but Dr. Phil treated both guys claiming being sexually assulted (NOT kids now, they're 20 and 21) like they MAY have told the truth. (Sure hoped he apologized to his expert polygraph operators... that was like saying they didn't know squat about what they were doing)
OK... A summary:
1) ALL the boys were lying. (NO ambiguity in the polygraph results, there can be but was so obvious it was ruled out)
2) They (the boys) were 14 at the time. Hormones raging. They're going to admit they didn't do a teacher when all the OTHER guys did while they're all sitting together!!?? To them, this would be a badge of HONOR!! (Think raging male teenage testosterone)
3) They were interviewed all together, in one room, by school officials... (raging hormones again present) One of them is going to deny "doing" a teacher that their friends did? (DUH!!)
4) But... all the boys passed a city police polygrqph test! Yeah... right. We'll get to that again later.
OK... My personal opinion... The teacher, may have tried to be a "cool" friend, but more than likely, just made a really bad judgement call on trying to be a "friend" to these guys by joking around with them, maybe with a sexual overtone. (BAD move!!) My son called his teachers by their first name in high school which I did NOT approve of. What in the world happened since Dr. Phil and I were in High School whe we had to address teachers with either Mr., Mrs. or Miss?? (Ms. wasn't invented yet)
OK... Here's how the 2nd show SHOULD have gone....
1) Get the Principal or Guidance Counselor or some school offical to explain whay they didn't call the police after they determined a felony may have been committed.
1) Get the local police polygraph examiner on the show to explain why the first kid said "Just kidding, I lied" after he had interpreted that the polygraph test said he was telling the truth. (BIG RED FLAG goes up here!) Dr. Phil has THE BEST doing his polygraph testing! Let HIS guys ask the local police polygraphy guy the questions.
2) The second guy, on the phone, messed up a few time in his story. He ALSO FAILED MISERABLY the polygraph test... BUT!!!... HE was the key... the son of an Ex-Mayor of the city this took place in. (NOTE: In a city... the "top cop" is NOT the Chief of Police" , it's the MAYOR. If the Mayor speaks, in most case, the chief simply follows orders) No ex-Mayor is going to let his son be labeled a liar... might ruin his chance at mayor, or better, later on. Ask the local police why their polygraph examiner is so inept. Look into some kind of political interference here.
3) The third guy changed his story so may times I could hardly follow it when Dr. Phil was questioning him on the show. HE FAILED HIS POLYGRAPH TOO! DUH! Gosh... is there a pattern here, or what?? And still, Dr. Phil treated him with kid gloves.
4) Get the NEA union rep on the show and ask him why they didn't come to the teacher's aid with legal guns blazing. I assume she's paid her NEA union dues.
This lady was doing what she was trained to do these days. Try to teach and be a "friend" to the students. Try to be cool and be in the "IN CROWD" with them. What a load of crap. Teachers are the same as parents as Dr. Phil defines them... They (parents and teachers) should teach, instruct and prepare kids for life. They and the kids can have fun doing it... but the respect should be a barrier so that discipline is maintained and values are observed.
Where were you when all this was covered? Are you guys so done that you are talking in circles?
The polygraph examiners failed to comply with NSA and polygraph standards.
Polygraph are not admissible in court and they have no scientific basis and that means civil court.
The boy passed the actual test, but the examiner unethically interpreted the boys as fooling the machine by practicing deception. Maybe, that is why Dr. Phil did not apologize to the polygraphers and by standards they acted inept.
It seems like the boys were railroaded and did not know that the teacher was going to refuse the test, which was not properly administered. Dr. Phil knew she was not taking the test so why ask her on national TV.
The boys were questioned separately and not together and also on more than one occasion.
Your summary
1. The polygraph did not show that the boys were lying, but demonstrated that Joelle's attorney was afraid that it would show Joelle to be lying.
2. The boys were not 14. Try reading the SOAH docket no 701-06-1196.EC.
3. The boys were not interviewed together, but separate on different occasions. Read the docket.
4. They passed a State polygraph test, not a city police test and the Axciton polygraph machine used on the Dr.Phil Show was improperly applied and the examiners did not follow proper procedures and standards. It is required that a new examiner administer the exam upon request and the initial examiners interpretation be discarded.
2nd Show
1 Get Doug on stage to be questioned about meeting Joelle as a student in his class
2. Get the ex-boyfriend on stage and ask why he never testified for Joelle. Why did his father testify instead? Like his father really knew what was going on. Right!!!
Question: Joelle is appealing the dismissal of the Wrongful Termination case, based on 4th & 5th Amendment Rights, so what would this be based on? 4th Adornment normally pertains to improper search and seizures; 5th Amendment normally pertains to the right against self-incrimination. What's up with that?
No teacher is trained to pass secretive coded notes and have a slumber party with five boys.