FORT EDWARD -- The Fort Edward man accused of killing his infant son failed a polygraph test given by State Police, then confessed to injuring the boy, court records show.

Court records filed after Kevin W. King’s arraignment on murder and manslaughter charges Thursday detail the test, including several pages of questions he answered for police.

King, 30, was charged in the death of his son Brett King, who was days shy of 3 months old on Aug. 11 when he died of head injuries and internal injuries.

While polygraph tests, also known as lie detector tests, are not admissible at trial in criminal court in New York, State Police often use them as an investigative tool to gauge the honesty of a suspect or person of interest.

Since the test is interwoven with the police questioning of King, it will undoubtedly be a focus of pretrial hearings in the case.

King’s lawyer, Washington County Public Defender Michael Mercure, said how the statements were taken will be a subject of a pretrial hearing to determine the admissibility of the statements, and the polygraph test is part of that process.

“I think we’ll have to address it, but it’s a double-edged sword,” Mercure said.

In King’s case, after investigators informed him he had not passed the test, he gave State Police a written statement admitting he squeezed the baby and threw him to the floor of his home because he was angry the child would not stop crying as he played video games, court records show.

State Police asked King to take a test because they doubted the veracity of the story he first told Fort Edward Police about how his son was hurt.

King first told police the boy was in a child seat on the floor of his home, and that King was walking down a set of stairs when he twisted his ankle and fell on the child, hitting him in the head with his knee, police records show.

“Do you know why we’re here today?” court records show he was asked.

“My son got into an accident,” King answered.

The documents show he was asked to answer numerous background questions before he was asked about why he was being questioned by police and what he contended happened to his son.

When asked what questions he would like the polygraph examiner to ask him, King wrote, “Do you think I did this purposely (sic) to my son?” and “Did I fall on my son?”

The court file does not show whether he was asked or answered those questions, or which questions led to the conclusion that he did not pass the test.

Court records show the polygraph test began shortly after 5 p.m., and shortly after 9 p.m. he signed a written statement in which police said he admitted he picked up the baby and squeezed his abdomen before throwing him to the floor of his family’s Lydius Street home.

That two-page statement, which was made public last month after a preliminary hearing in the case, was followed by a several-minute video in which King, at the urging of police officers, appears to re-enact the incident using a child’s doll supplied by police.

That video was filed Thursday in Washington County Court, but Washington County Judge Kelly McKeighan has sealed it, pending a ruling on whether it should be released to the media.

Mercure said he would oppose the request.

King has pleaded not guilty and is being held in Washington County Jail for lack of bail.

(1) comment


What happened to this baby was no "accident". What an odd remark for the accused to make.

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