Published by
the Tennessean
Friday, 9/3/99
 

COURTS Soldier failed lie detector, witness says By Brian Dunn / The Leaf-Chronicle

FORT CAMPBELL -- A Fort Campbell soldier failed a polygraph test that asked if he was involved in the July 5 beating death of Pfc. Barry Winchell, a special investigator testified yesterday.

The testimony came during the fourth and final day of an investigative hearing for Spc. Justin Fisher, who is accused of being an accomplice in the beating death and of lying to investigators afterward. The hearing is similar to a grand jury inquiry.

Pvt. Calvin Glover, 18, of Sulphur, Okla., is charged with premeditated murder in the case, and investigators think Fisher, 25, of Lincoln, Neb., encouraged him to hit Winchell with a baseball bat. Glover faced a similar hearing Aug. 10-11.

Special Agent Howard Sander, a polygraph officer for Fort Campbell's Criminal Investigation Division, said he administered the test to Fisher on July 8. He asked the soldier several questions, including whether Fisher was involved in a plan to beat Winchell.

Fisher failed the test, Sander testified.

Now, Maj. Lee Miller, who presided as investigating officer during Fisher's hearing, will submit a report recommending how the case should be handled, including whether the case should be referred to a general court-martial.

Winchell died from his injuries at Vanderbilt University Medical Center in Nashville a day after the beating. One investigator said he had probably been hit several times with a blunt object on the left side of his head and at least once on the forehead.

Gay rights advocates have contended the beating was a hate crime, prompted by the victim's involvement with another man.

In earlier testimony, witnesses said Fisher and Winchell had a love-hate relationship characterized by violent arguments and at least one fight that sent Winchell to the hospital.