Will the results of a polygraph test that Floyd Galloway took be admissible in the trial against him? Galloway is facing charges in connection with the murder of Danielle Stislicki.
A former FBI agent performed a polygraph on Galloway. Now a judge must decide if the information taken from the polygraph can be used against him.
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The judge heard testimony on Monday, from both sides. The hearing will continue on June 24, before a ruling is made. The trial start has also been delayed until Nov. 28.
The story starts in December of 2016, seven days after Stislicki went missing after leaving her Southfield office. According to court documents, a polygraph operator and former FBI agent by the name of James Hoppe did something a little unusual.
Hoppe called his personal friend and then chief of police of the Troy police, Gary Mayer, and relayed details he said he had learned during Galloway’s polygraph test.
Galloway was a former security guard where Stislicki worked. As police investigated her disappearance, Galloway became a person of interest. Search warrants were executed on his home, car and cell phone.
Galloway hired an attorney and according to court documents, that attorney hired Hoppe to do a polygraph test, also known as a lie detector test, on Galloway.
Polygraph results shared with police chief
Documents state that Hoppe shared the polygraph information with former Troy police chief Gary Mayer and then Mayer contacted Farmington Hills police chief Chuck Nebus.
“Chief Nebus typed up a standard form tip sheet they use in all these cases,” prosecutor Danielle Russo Bennetts said. “These officers then go out to a location and recover property belonging to miss Stislicki.”
Nebus termed the tip anonymous.
“Who knew what and when they knew it is very much something we need to explore,” Galloway’s attorney Ellen K. Michaels said.
Did sharing the results violate attorney-client privilege?
Galloway’s defense attorney wants that information dismissed based on a violation of attorney-client privilege.
“I don’t have a factual basis to make a determination as to whether where there is smoke, there is fire, ”Judge Phyllis McMillen said.
The judge wants to meet again next week to consider whether an evidentiary hearing is needed. This could be a blow to the prosecution if the evidence is not allowed in, but there is a lot of other evidence that is expected to be introduced in this case.
Galloway’s defense attorney continues to say the prosecution is not being forthcoming with providing all the materials it needs. The trial is scheduled for July.
Danielle Stislicki’s mother said she is frustrated to think there could be another delay. It has been more than five years since Danielle Stislicki went missing. Her mother remains hopeful that the truth will come out soon.