CORAL SPRINGS, Fla. – A state attorney has made an unusual offer to a man charged with first-degree murder in the death of a prominent Coral Spring businessman.
Detectives David Young and Brian Koenig were unknowingly caught on audiotape talking about how they believe jailed murder defendant Gustavo Enamorado Dubon wasn't really involved in the gruesome murder of Francisco Cuevas.
Despite that, homicide prosecutor Greg Rossmann said he's going forward with the case
"That audiotape has zero effect on the Dubon case," Rossmann told Local 10 News.
But now, State Attorney Michael Satz has made a rare high-stakes offer to Dubon's attorney to take a lie detector test that, if passed, would free him from jail. But if Dubon fails, it would be used against him at trial.
Dubon's attorney, Anne LeMaster, said she hasn't made a final decision about the polygraph, but said she has concerns about the test's reliability and her own client's capacity to take one.
The detectives said on the tape they believe Dubon is mentally ill, and defense attorney Tara Intriago said Dubon's mental state could be key to any decision.
"That can affect a test and the reliability of it," said Intriago. "You're putting your client in jeopardy of putting evidence against him that is not accurate."
Polygraph advocates claim they are 90 percent accurate, but Intriago said the defense may not want to take any risk, considering the strength of Dubon's case and the existence of the audiotape.
"I would not agree to it," said Intriago.
Dubon's attorney said she's planning a bond hearing to try to get her client out of jail. She said she may call witnesses who claim he wasn't even in the country at the time of the murder.