US District Court Allows EyeDetect Lie Detector Test Results As Evidence for First Time

After determining EyeDetect’s scientific evidence sufficiently validates the technology, a New Mexico district court judge grants a Daubert Motion to accept the technology’s test results as evidence.

Thanks to a New Mexico judicial district court order, EyeDetect test results will be allowed as court evidence for the  first time to help ascertain “nothing but the truth.”

LEHI, Utah – April 19, 2018 – For the first time since its release, EyeDetect test results will be allowed as evidence, thanks to a New Mexico judicial district court judge granting the defendant’s Daubert motion. The trial date for this case is set for mid-May. The accused passed the EyeDetect test with a “credible” score.

EyeDetect is the world’s first nonintrusive lie detection technology that accurately detects deception in 30 minutes by analyzing eye and other behaviors. It’s currently used by more than 450 customers in 40 countries worldwide in 25 different languages. Several U.S. law enforcement agencies use EyeDetect to screen job candidates, including the Doña Ana County Sheriff’s Office in Las Cruces, NM.

“It’s a significant milestone to have EyeDetect test results admitted as evidence in court,” said Converus President and CEO Todd Mickelsen. “Attorneys with strong cases can now use EyeDetect to exonerate their clients.”

Converus, makers of EyeDetect, also provides credibility assessment technologies for verifying a person’s identity and/or integrity.

Mickelsen said because the true/false computer-based EyeDetect test is automated, it’s 100 percent unbiased. A proctor simply sets up the test, and the test is administered by the EyeDetect station. During the test, an eye tracking camera takes approximately 60 measurements per second of each eye. At the conclusion of the test, the data are securely uploaded to a cloud server where proprietary algorithms determine whether the examinee is truthful or deceptive.

“This new, scientifically validated method for detecting deception makes it impossible for the examinee to bribe the proctor, or corrupt or influence the EyeDetect test results in any manner,” said Mickelsen. “All the technological advancements EyeDetect offers makes it an ideal tool to help courts determine the truth in cases.”

In U.S. federal law, the Daubert standard is a rule of evidence regarding the admissibility of expert witnesses’ testimony — or in the case of EyeDetect, scientific evidence. A party may raise a Daubert motion, which is a special motion in limine (a motion discussed outside the presence of the jury to request that certain testimony be excluded) raised before or during trial, to exclude the presentation of unqualified evidence to the jury. The Daubert standard is now the law in federal court and over half of the states.

“This Daubert motion court ruling reinforces the legitimacy and value of EyeDetect and its ability to accurately determine truth or deception,” said Converus Director of Professional Services Mark Handler, who regularly offers credibility assessment services in legal systems nationwide. He’s published over 50 scientific articles on the topic of polygraph and credibility assessment.

Previously, a judge in Ohio considered the results of EyeDetect among other evidence when dropping charges against a suspect in a weapons possession case. In another case, a Utah judge considered the results of the eye lie detection,EyeDetect when requesting an investigation into the activities of a police officer involved in a forced confession. The suspects in these cases took and passed an EyeDetect test. A judge in Texas has ordered a suspect in a drug distribution case to undergo EyeDetect testing, which is still pending. But the New Mexico case is the first Daubert case involving EyeDetect.

“EyeDetect is unique among lie detectors in that it’s fast, accurate, cost-effective and incorruptible,” added Mickelsen. “Unlike polygraph, there are no cables or sensors attached to the examinee.”