With just over a week until the start of the Pembroke triple murder case involving Christian “Kit” Martin, a question about whether polygraph results involving two family members who found evidence at the home will be decided before the trial.
Martin’s defense attorney Tom Griffiths also questioned the family members as to why they called a state representative to the scene along with the police.
Diana Phillips is the sister of Calvin Phillips, who was found shot in his Pembroke home in November 2015. During Friday’s evidentiary hearing in Christian County Circuit Court, she testified that she and her nephew Matt were at the South Main Street home in April 2016 doing general cleaning and maintenance. Matt is Calvin’s son.
Diana Phillips testified she found what she thought was a shell casing on the back porch. She alerted Matt, who testified it was a spent 45 caliber shell casing.
click to download audioThe shell casing was found on the back porch area, where Phillips said was close to where his father’s body was found. Griffiths asked both Diana and Matt Phillips if they spent time looking for evidence at the home in the months following the murders. Matt replied that he did.
click to download audioPhillips said he contacted the Christian County Sheriff’s Office and called State Representative Myron Dossett, who both showed up at the house.
The shell casing was turned over to Deputy Justin Meacham, who then took possession of the shell casing. Diana Phillips said Dossett was a family friend but denied asking him to help speed up the process in getting Martin prosecuted in the case.
Also at issue are the results of polygraph tests given to both Diana and Matt Phillips about finding the shell casing. Assistant Attorney General Barbara Whaley objected to admitting the polygraph results since they are generally inadmissible at trial. However, Griffiths indicated that either one of both failed the polygraph and that those tests should be allowed for him to present a defense for his client.
click to download audioGriffiths cited Rogers vs. Commonwealth that allowed for a defendant’s right to present a defense to trump whether scientific evidence should be introduced at trial. Judge John Atkins asked both attorneys to submit a brief with a ruling to follow before trial.
click to download audioMartin is accused of the murders of Calvin and Pamela Phillips and their neighbor Ed Dansereau in Pembroke in 2015.
His trial is scheduled to begin in Hardin County on June 2 after being moved out of Christian County last August due to pretrial publicity.
