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Court bypasses polygraph test issue

The other evidence that Dwight Kelly Smith remains a sexually violent predator was so clear that it didn’t have to rule on whether the trial judge considered his failure to take a polygraph test, the Supreme Court of Virginia said today in an unpublished order.

The court had granted the appeal to address the propriety of considering the failure to take the test.

The trial judge found in the annual review of Smith’s involuntary commitment as a sexually violent predator that he continues to have a high risk to re-offend if he is not confined to involuntary hospitalization and treatment.

The Supreme Court said in Smith v. Commonwealth, Record No. 072576 , that “Smith possesses narcissistic, anti-social, and obsessive compulsive traits. Smith has made little progress in treatment and has failed to resolve his cognitive rigidity, his intellectualized and compartmentalized approach to his past sexual offenses, and his anger issues.”

Even if the judge erred in considering Smith’s failure to take the polygraph, “the evidence before this Court, without consideration of facts related to Smith’s refusal to take the polygraph examination, is sufficient to support the circuit court’s judgment,” the court said.

By Alan Cooper

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