EXAMINEE: Johnjay Portillo EXAM DATE: January 22, 2011 EXAM TYPE: Specific Issue: Tampering with a Government Document

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1 JOHNSWARTZPOLYGRAPHSERV I C~E~ ~~~~. Former Federal Examiner Criminal polygraph Examiner United States Dept of Justice Mr. Clyde Burleson Attorney at Law 1533 West Alabama Suite 100 Houston, Texas ~POR'tJ)F POLYGRAPH EXAMINATION January 22, 2011 EXAMINEE: Johnjay Portillo EXAM DATE: January 22, 2011 EXAM TYPE: Specific Issue: Tampering with a Government Document SYNOPSIS: On Saturday, January 22, 2011 Mr. Johnjay Portillo was administered a specific issue polygraph examination regarding the instant offense for which he is charged: Tampering with a Government Document in the 339 th District Court, Harris County, Texas in Mr. Portillo is represented by his attorney, Mr. Clyde Burleson, of Houston, who has requested this examination. PRE-TEST INTERVIEW: Prior to initiating the pre-test interview, Mr. Portillo was advised tha t a polygraph examination in Texas is voluntary and that he would be requested to read and sign a release, giving this examiner permission to proceed with the interview and examination. He was als o advised that by signing the release, he was authorizing distribution of this report to his attorney only. He read and signed the release and the interview began at 10:00 a.m. Mr. Portillo appeared alert, on-time and properly oriented for his examination. He identified himself with Texas Driver License # He resides 8002 Parkglen, Houston, Texas. Mr. Portillo stated he was born on May 26, 1972 at Portsmouth, Virginia. He is thirty eight years old. He was raised in Cerritos, California attending high school there through the tenth grade. He later received a GED. His father resides in San Antonio. His mother is deceased. He has three brothers, four step-brothers, one step sister, and one half sister. Mr. 440 Louisiana Street, Suite 900, Houston, Texas

2 Portillo was marricd for fifteen years to Monica Portillo. They are divorced with four children:,john, age sixteen; Ruben, age fifteen; Gaby, age ten, and Ally, age five. Mr. Portillo was employed by the Houston Community College system police. He is presently operating a carpet cleaning business. EXAMINEE'S STATEMENT: Mr. Portillo stated on July 10, 2010 he was employed by the HCC Police and was on routine patrol at about six or seven p.m. at the HCC Northline Campus near IH-4S and Cross Timbers. While parked and talking to two other HCC police officers, a student approached them and advised that a black male wearing pink slippers was "tearing up a classroom". Mr. Portillo stated he and the other two officers immediately decided "let's go together" and they jogged to the front door of the campus building, taking an elevator to the second floor where they observed a student using a computer sitting on a couch. When they asked the student what he had seen, the student reorted a man had just run down the stairs. According to Mr. Portillo, the other officers checked the classroom while he walked toward the back of the building and about that time one of the other officers, Martinez, radioed him to say the suspect was coming out of the building. Mr. Portillo stated he looked out a window to see a black male with pink slippers and he and the other officers ran to the first floor. Mr. Portillo reported he told the other officers to get their patrol car and he himself ran after the suspect yelling for him to stop. The suspect continuing to run to a Plymouth Voyager, threw a bag into the car, and got inside. Mr. Portillo recalled he observed a Metro police officer drive up and he asked the Metro officer to assist. About that time, another officer, Sergeant Spence, radioed "we've got him boxed in". Mr. Portillo arrived on the scene to find the other officers had drawn their weapons and were giving verbal commands to the suspect who remained inside his car. He then drew his own weapon and told the subject to get his hands up. When the man refused, Mr. Portillo threatened to use his baton and the man opened the car door and the officers got him out of the vehicle. 2

3 Mr. Portillo reported he then asked the subject what his problem was and the man responded by saying he was scared because the Houston Police had allegedly killed his brother two weeks earlier. Mr. Portillo stated the man was handcuffed and officers Martinez and Johnson placed him in the back of a patrol car while he searched the vehicle for contraband and weapons, but finding nothing. At that point, Mr. Portillo decided to charge the man with Evading Arrest and the District Attorney's Office accepted the charges. The suspect, subsequently identified as Joshua Murray, later complained to the HCC Chief of Police about how the incident was handled. A subsequent internal investigation alleged Mr. Portillo had tampered with a government document by falsifying the facts of the case. Mr. Portillo denies the allegations and stated he immediately demanded a polygraph examination to verify his statements. EXAM ADMINISTRATION: The following relevant questions were formulated for this examination based on the case facts and the results of the pre-test interview. All questions were fully reviewed with Mr. Portillo prior to the exam and his answers follow in parentheses: 4. Did you yell to Joshua Murray to stop? (YES) 6. Did you run after Joshua Murray? (YES) 8. Did Joshua Murray attempt to evade you? (YES) 10. Did you falsify anything in your offense report regarding the arrest of Joshua Murray? (NO) EXAMINER'S ANALYSIS: This examination was administered utilizing the U.S. Air Force MGQT format. It is the opinion of this examiner that there were no significant physiological responses to the relevant questions in this series. This examination is evaluated as NO DECEPTIO ICATED. 3

4 JOHN S. SWARTZ CRIMINAL POLYGRAPH EXAMINER FORMER FEDERAL EXAMINER U.S. DEPARTMENT OF JUSTICE 2010: POLYGRAPH CONSULTANT CHIEF'S COMMAND LEGAL STAFF HOUSTON POLICE DEPARTMENT and OFFICE OF THE INSPECTOR GENERAL CITY OF HOUSTON 2009: MEMBER SEX OFFENDER TESTING COMMITTEE AMERICAN POLYGRAPH ASSOCIATION 2008: POLYGRAPH CONSULTANT NBC NEWS/DATELINE NEW YORK CITY John S. Swartz is a former Federal examiner for the U.S. Department of JusticejDEA and has been licensed by the State of Texas for twenty five years. Mr. Swartz is a graduate of the University of Texas at Arlington. While in collegc, he was employed by the Dallas Police Department and the Texas Department of Public Safety. Tn 1976, he was recruited by the U.S. Drug Enforcement Administration and he has served at posts throughout Texas and South America. At DEA, he initially attended Sturm School of Polygraph and later the Department of Defense Polygraph Institute at Fort McClellan, Alabama. He subsequently became the U.S. Government's only polygraph examiner in South America. In 1995, Mr. Swartz opened his private practice in Houston. During his twenty five years as an examiner he has tested persons charged \vith a broad spectrum of crimes including death row inmates convicted of Capital Murder to Aggravated Assault, Embezzlement and other Thefts, Arson, Sexual Assaults and various other felonies.

5 In 1995, Mr. Swartz initiated the sex offender testing program with the Harris County District Courts for all sexual offenders on probation. He now tests probationers and parolees for ten South Texas counties and the United States Probation Office. In 2007, Mr. Swartz became the examiner and consultant to NBC News/Dateline in New York on the Diane Zamora "Texas Cadet Murder Case" and his report of Zamora's examination can be viewed on the NBC/Dateline website. In 2008, Mr. Swartz became one of ten examiners in the United States invited to be a member of the American Polygraph Association's Sex Offender Testing Committee which just wrote and published the national guidelines for testing sex offenders. In 2008 and continuing through 2010, Mr. Swartz became the polygraph consultant and advisor to the Houston Chief of Police and the Chiefs Command Legal Staff as well as the Office of the Inspector General for the City of Houston. He is a frequent consultant to the Harris County judges, often serves as an expert witness, and he provides training on polygraph matters to judicial meetings, bar associations, and law enforcement conferences throughout the United States including the Texas Center for the JUdiciary, Harris County District Court Judges, and the Harris County Criminal Defense Lawyers Association.