SD Supreme Court upholds decision barring polygraph test

The South Dakota Supreme Court had ruled to uphold a circuit court’s decision to disregard polygraph test evidence in the sentencing of a manslaughter case.

In 2020, Raymond Banks and Jahennessy Bryant were charged with killing a Sioux Falls pizza delivery driver during a botched robbery attempt.

Throughout the trials, Banks and Bryant maintained contrasting accounts of the night’s events. Both men claimed they were not the one responsible for firing the killing shot. Banks and Bryant each stated they were lookouts while the other person handled the gun.

Eventually, Bryant entered a plea deal, agreeing to plead guilty to first-degree manslaughter in exchange for a reduced sentence. He also agreed to testify against Banks.

Banks later pleaded guilty to first-degree manslaughter as well. While he admitted his guilt, he maintained the roles were reversed with Bryant being the shooter. Banks still admitted to being aware the robbery was happening and willingly standing as a lookout. The court accepted his plea for first-degree manslaughter.

Right before his sentencing, Banks provided the court with polygraph test results supporting his statement that he was telling the truth when claiming to have not fired the gun, hoping for a reduced sentence.

However, the court refused to accept the test into evidence, saying that polygraph evidence required an agreement between the parties. Further, officials stated even simply aiding in the robbery made Banks responsible for the delivery driver’s death.

Banks appealed that decision.

The South Dakota Supreme Court backed the lower court citing concerns over the reliability of polygraph tests.