Accused of Indecency with a Minor

My question involves criminal law for the state of: Texas


About 6 months ago my 10 year old cousin accused me of touching him inappropriately. I've been arrested and released on bail but have not been indicted. I've already hired a lawyer and received advice. I'm just hoping for other opinions as this is all very nerve wracking.

I've read the police report and found out that he was caught messing around with another boy his age in a bathroom and used me as an excuse for what he was doing. My family and I asked around and apparently he's been caught doing this with a few other boys. Two of whom are not even related to us. We have signed statements from the parents of these other boys. After we found this out we also found out that at the time he said I did anything I was living in another city. I have a signed and notarized letter from the dorm I was living in that I wasn't even living in the bedroom he said the touching happened. Basically all they have is his interview as evidence which was apparently enough for an arrest warrant. Even though this is an anonymous forum I still feel the need to say that I haven't done anything and this little pervert has some problems.

My lawyer thinks I should take a polygraph. I think they're junk science but if it will really help convince the grand jury I don't mind taking it. The problem is I don't have the $1000 it costs to take it.

I guess I'm just curious as to others opinions about my chances of this returning as "no bill" from the grand jury. Should I sell what I own in order to pay for a poly or should the evidence I have be enough?

The polygraph is about convincing the police and prosecutor, not a grand jury. You should arrange with your lawyer to take a private polygraph test. Sometimes it's possible to get the polygraph test from an examiner the police trust enough that they'll accept a finding that your statements are truthful, but you have the ability to choose not to share results that are ambiguous.

The primary goal of the police, in administering a polygraph, is to get you to confess. Sometimes they'll lie to you and tell you that you failed, even though you did not, because they want to see if that inspires you to break down and admit to something. As polygraph interpretation has an element of subjectivity, the fact that the police examiner knows the facts of a case can color how he interprets the results. You have to be careful.

Since you are talking about paying for the polygraph examination, it sounds like your lawyer has already considered all of that and wants to use a private examiner.

Generally police polygraphs are considered to be a bad idea. Something startling you can cause an incorrect reading.