USA v. Fuhrer et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
UNITED STATES OF AMERICA,
Plaintiff,
v.
CRAIG KING,
Defendant.
Case No. 3:19-cr-00026-TMB-SAO-5
ORDER ON DEFENDANT CRAIG
KING’S TENTH MOTION IN LIMINE
(DKT. 896)
Before the Court is Defendant Craig King’s Tenth Motion in Limine (the “Motion”).1 Craig
moves under Federal Rule of Evidence 403 to “exclude the portion of [his] interview with law
enforcement referencing or discussing a polygraph test.”2 He also asks the Court to preclude law
enforcement officers from talking about the polygraph test during their testimony at trial.3 Craig
argues polygraph evidence is “generally disfavored by the judicial system, due to the lack of
scientific evidence supporting its credibility and its highly prejudicial nature, which tends to
mislead juries and can cause them to make judgments based on this provocative evidence alone.”4
In response, the Government says it will (1) redact the interview before trial and (2) instruct
witnesses not to testify about the polygraph test.5
1 Dkt. 896 (Motion).
2 Id. at 5.
3 Id.
4 Id.
5 Dkt. 949 at 2 (Response).
Case 3:19-cr-00026-TMB Document 1040 Filed 03/08/22 Page 1 of 2

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The Court GRANTS the Motion. The Government shall redact any portions of the
interview in which the polygraph test is referenced or discussed. Witnesses shall not testify to
discussions regarding polygraph tests.
IT IS SO ORDERED.
Dated at Anchorage, Alaska, this 8th day of March, 2022.
/s/ Timothy M. Burgess
TIMOTHY M. BURGESS
UNITED STATES DISTRICT JUDGE
Case 3:19-cr-00026-TMB Document 1040 Filed 03/08/22 Page 2 of 2