BEDFORD – Most of Thursday morning was hearing testimony from Indiana State Police Sgt. Jason Sampler outside of the jury’s presence in Lawrence County Superior Court I.
Sampler administered a polygraph test to Cheyenne Hill on December 7, 2022, after her 20-month-old child’s death. Hill’s polygraph was conducted at the ISP Indianapolis Regional Lab.
Elli’s mother, 33-year-old Cheyenne Hill, is facing a Level 1 felony charge of child neglect causing death. She has pleaded not guilty to the crime.
Judge John Plummer III is presiding. Robert Hamilton of Salem is representing Hill. Deputy Prosecutors Sarah Cummings and Joshua Scherschel present the case for the state.
In Indiana, polygraph tests are only admissible under stipulation and at the court’s discretion. In criminal cases, the stipulation must be in writing and signed by both the defendant and the prosecutor. Also, once the parties stipulate the admissibility of polygraph evidence, they are stopped from objecting to its admission. Valid stipulations to polygraph examinations cannot be withdrawn once one party learns the unfavorable results.
However, Hill signed a stipulation saying the polygraph results, if not in her favor, could be used against her in court. Hill did not have legal counsel when she signed the stipulation.
Judge Plummer had concerns.
“Let me be very clear on my analysis,” said Judge Plummer. “Generally speaking, polygraphs are not admissible. That is the general rule in Indiana. We are operating under the expectation of the general rule. That tells me there is a problem with the reliability of the polygraph. But it doesn’t end there. The law requires a stipulation signed by the defendant….Since she did not have representation, did she freely, and was she fully aware of all the legal consequences?”
All polygraph tests are video with audio. Judge Plummer reviewed the test and found Hill was not under duress and showed intelligence that she knew what she was doing. “I found no evidence that Miss Hill didn’t know what she was doing. I also find that Sgt. Simple did follow all protocols. It is still disconcerting with this court. What makes the polygraph scientifically reliable to present to this jury? With a case of this magnitude, is it unfair prejudice? The issue is whether or not this polygraph will help the jury make the ultimate determination or confuse the issue by misleading the jury. What makes the test reliable enough for the jury to hear? I still question the reliability.”
Judge Plummer ruled to allow the polygraph results to be presented but told the jury several times during Sample’s testimony. Judge Plummer told the jury that the polygraph did not prove or disprove truthfulness. It was up to the jury to determine the weight of the evidence.
Sample testified Hill was deceptive on three important questions.
Did you physically injury that girl’s head – No
Are you the one who harmed that girl – No
Do you know for sure who injured that girl’s head – No
After being told, she failed the polygraph.
Sample testified, “She continued to blame the babysitter.”
Sample testified that Hill referred to Elli as being like Jeffery Dahmer and an angry baby… a little “expletive”
Jeffrey Dahmer, also known as the Milwaukee Cannibal or the Milwaukee Monster, was an American serial killer and sex offender who killed and dismembered seventeen males between 1978 and 1991.
