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LIT’s Spotlight on Polygraphs, Sexual Harassment and Holden ‘Em Accountable

When Eric Holden was permanently prohibited from instructing in any TX Dept of Public Safety sponsored training, the family stepped in.

Texas is all Tape’d Up

REPUBLISHED BY LIT: FEB 22, 2023

In July 1999, polygraph examiner Eric J. Holden of Texas, a past president of the American Polygraph Association and prominent advocate for the post-conviction polygraph screening of sex offenders,

was accused of sexually harassing a female student at the Texas Department of Public Safety Polygraph School.

The complaint was sustained

and the Texas Department of Public Safety issued an interoffice memorandum announcing that Mr. Holden had been

“permanently prohibited from instructing in any Department sponsored training or instructional program.”

Holden owns and operates Behavioral Measures & Forensic Services Southwest, Inc.,

which specializes in the post-conviction polygraph screening of registered sex offenders.

Below are New Hampshire State Police Detective Kathleen M. Kimball’s statement of complaint, then Texas Department of Public Safety Captain Michael C. Gougler’s letter to Det. Kimball sustaining the complaint, and Criminal Law Enforcement chief Mike Scott’s memorandum advising the assistant commander for training of the decision to permanently prohibit Holden from serving as an instructor at the polygraph school.

Download documents (PDF).

STATEMENT BY:

Detective Kathleen M. Kimball, New Hampshire State Police

On Monday, July 12th, 1999, I was a student in the ninth week of training at the Texas Department of Public Safety Polygraph School in Austin, Texas.

The class instructor for that day, as well as the next two (2) days was Mr. Eric Holden.

On Monday, the 12th, just prior to the end of the class day (1700 hours), Mr. Holden was presenting information regarding the differences between neurotic behavior, character disorders and psychotic behavior relative to polygraph testing.

During the discussion of psychotic behavior, Mr. Holden changed the subject and began talking about sexual contact between a parent and child.

He made the distinction between general parental care-taking during bathing, cleaning, and changing that was intentional and that which was accidental.

He then walked towards me, where I was seated at my end of the table, and told the class that this type of touching was different than,

“If I intentionally grabbed Kathy’s breast.”

I was quite surprised by this use of me as an example and I was embarrassed.

Since some members of the class were laughing with Mr. Holden, I told him, ”

You better make it good, because it will be the only chance you ever get.”

Mr. Holden walked to the center of the classroom, sat on the stool located there and laughingly told me,

“But you’ve never felt me grab your breast. You might like it.”

Mr. Holden continued to instruct the class on sex related issues.

After a few minutes, he again returned to using me as an example.

He talked about intentionally

“grabbing my breast, messaging [sic] my breast, sucking my breast and putting his finger in my vagina”.

I became increasingly uncomfortable, embarrassed, humiliated, shocked and angry as he listed each action.

As soon as he finished his statements, I told him,

“I’ve been a good sport, but you just crossed the line.”

No attempt to apologize was made by Mr. Holden and class ended shortly thereafter.

I had no contact with Mr. Holden until the following morning, Tuesday, July 13th when I arrived at the classroom.

Throughout the course of the day, no direct statements were made to me by Mr. Holden about him touching me or doing anything to my body.

However, at one point, he looked at me from his position on the stool in the front of the classroom and said,

“Well, no one has made a complaint against me before.”

My response to him was,

“Yet.”

He simply laughed.

Following the end of the class day, I again had no contact with Mr. Holden until my arrival at the classroom on Wednesday, July 14th.

During the afternoon session, I left the classroom for a very brief time in order to answer the telephone at the end of the hallway.

Upon my return to the classroom, Mr. Holden was walking towards me at the door.

He quietly inquired if everything was alright and I advised him that everything was fine.

As I attempted to return to my seat, Mr. Holden physically placed himself in a way that nearly blocked my path and thus put himself in very close proximity to me.

As I tried to move by him, he placed his right hand behind my left shoulder and “guided me” to my seat.

As he was doing this, he continued to address the class.

Immediately upon having Mr. Holden touch me, I became quite angry. However, I did not say anything that would disrupt the class, especially because I believed that he did this in such a manner so that no one else in the room even knew he placed a hand on me.

A short time later, Mr. Holden again positioned himself right next to my seat.

I observed him lift his right hand towards me and he simultaneously stated,

“Kathy, I’m going to touch your shoulder, not your breast.”

Since I firmly believed that he might try to slide his hand down from my shoulder to my chest, I said in a voice meant only for him to hear,

“If you move your hand, I’ll break your arm.”

He laughed and asked me to repeat what I said.

In a louder voice, I repeated what I had said. Again he laughed.

I then attempted to move away from his touch

. However, he followed my movement, maintained contact with my shoulder and continued to make his point to the class.

Eventually Mr. Holden released his hold and moved away from me.

At the conclusion of the class day, I gathered my belongings and attempted to leave the building.

Mr. Holden was saying good-bye and shaking hands with various members of the class.

However, I had absolutely no desire to shake his hand and I had nothing to say to him.

Before I could leave the building, Mr. Holden approached me and put out his hand to shake mine.

As he did so, he stated,

“Thanks for being such a good sport.”

I responded by saying,

“I think you enjoyed it too much though.”

He laughed and said,

“You’re right. I enjoyed the hell out of it.”

This was the only exchange between Mr. Holden and myself that occurred in the presence of School Director, Lt. Gordon Moore.

As a result of being singled out among my classmates and feeling embarrassed and humiliated in front of them, I met on two different occasions with Lt. Moore in order to discuss the various incidents and statements made to me by Mr. Holden.

I further advised Lt. Moore that I did, in fact, want to make a complaint against Mr. Holden for sexual harassment in order to hold him accountable for his behavior towards me and to prevent any such similar behavior towards other females in the future.

[signed]
Kathleen M. Kimball
New Hampshire State Police
July 20, 1999

TEXAS DEPARTMENT OF PUBLIC SAFETY
5805 N. LAMAR BLVD. – BOX 4087 – AUSTIN, TEXAS 78773-0001
CRIMINAL LAW ENFORCEMENT DIVISION
POLYGRAPH SERVICE
P.O. BOX 4087
AUSTIN, TEXAS 78773

August 30, 1999

Kathleen Kimball
28 Beaver Dam Road
Antrim, NH 03440

Dear Ms. Kimball,

The investigation of your sexual harassment complaint has been completed.

Your complaint has been sustained as valid and Mr. Holden has been notified as to the outcome of the investigation.

The decision of the Texas Department of Public Safety is that Mr. Holden will no longer be utilized as an instructor by or for the Department.

Chief Scott has notified our Training Academy of this decision.

We apologize for any embarrassment the instructor caused and thank you for having the courage to come forward.

Sincerely,

[signed]
Michael C. Gougler

Texas Department of Public Safety

Interoffice Memorandum

Date: 07-23-99

To: Mark Warren, Assistant Commander, Training

From: Mike Scott, Chief, CLE

Subject: Future use of instructor

The purpose of this memorandum is to inform you that Mr. Eric Holden has been permanently prohibited from instructing in any Department sponsored training or instructional program.

This action is necessitated due to inappropriate conduct and remarks by Holden during a recent Polygraph school.

Mr. Holden is not a Department employee nor is he affiliated with any law enforcement agency.

He is an independent instructor who specializes in sex offender polygraph examinations.

I have addressed this matter with the Director and he has approved this action.

Please take the necessary steps to notify your staff of this decision as soon as possible.

Cc: Captain Mike Gougler, Polygraph ServiceTranscription and HTML by AntiPolygraph.org

Behavioral Measures provides a comprehensive approach to polygraph and investigative needs in jurisdictions around the world.

Further, we specialize in the development of comprehensive forensic programs by delivery of research, assessments, accredited training curriculums and the administration of professional services.

Mr. Holden is President of Behavioral Measures & Forensic Services Southwest in Texas and Behavioral Measures Midwest in Wisconsin.

He is an Officer & Partner in Behavioural Measures U.K. in England and The Behavioural Measures U.K. Polygraph Training Centre, an American Polygraph Association (APA) Accredited Polygraph Training School housed in the United Kingdom.

Mr. Holden is Past-President of the APA and the Texas Association of Polygraph Examiners (TAPE) and has been a Licensed Polygraph Examiner in Texas and other states since 1973.

The Texas State Board of Examiners of Professional Counselors (LPC) has licensed Mr. Holden since 1983.

Mr. Holden is a noted instructor in the fields of polygraph testing, interviewing, interrogation, and assessing criminal and sexual behavior.

Mr. Holden holds APA Certifications as a Primary Instructor in Polygraph Education and Post-Conviction Sex Offender Testing (PCSOT).

Mr. Holden began his professional career in 1966 as a Psychologist with the Texas Department of Corrections (TDC) and a Psychometrist assigned to the TDC.

In 1973 he began his polygraph career and continues his practice and teaching.

Mr. Holden co-chaired the committee in Texas from 1994-1998 that drafted guidelines for PCSOT resulting in the Joint Polygraph Committee on Offender Testing (JPCOT) that today serves as a registry for examiners completing PCSOT training under State Guidelines.

He has worked with other states to draft guidelines and standards for PCSOT, and from 2007-2009 chaired the APA PCSOT Committee that drafted the model PCSOT Guidelines in use today.

Mr. Holden is published in the fields of polygraph and criminal behavior and has been the recipient of numerous state and national awards for his contributions to the polygraph profession including the APA President’s Award, the Leonarde Keeler Award, the William L. Bennett Memorial Award, and the John E. Reid Memorial Award for “Distinguished Achievements in Polygraph Research, Teaching, and Writing.”

The American Association of Police Polygraphists (AAPP) presented Mr. Holden the Max Wastl Award for “Significant Contributions to the Polygraph Profession.”

He was honored by TAPE with the President’s Award for “Outstanding Achievements and Long Term Contributions to the Polygraph Profession” and by the Texas Polygraph Examiners Board for his contributions to the development of PCSOT in Texas.

Mr. Holden has qualified for Expert Testimony in Federal and State Courts.

Mr. Parker is a principal in Behavioral Measures & Forensic Services Southwest, Inc.

He has been a licensed polygraph examiner in the State of Texas since 1980.

Mr. Parker conducts polygraph examinations for governmental agencies, law enforcement agencies, district attorneys, private and corporate attorneys as well as commercial clients.

In addition, he has conducted a wide range of criminal and non-criminal investigations for the private, corporate and government sectors, both foreign and domestic.

These services including detecting business fraud and theft, conflicts of interest or other business crimes, interview and interrogations, locating individuals, due diligence, access to a multitude of public records, financial audits, asset location, surveillance and surveillance photography.

Mr. Parker began his police career in 1964 as a patrol officer after his honorable discharge from the United States Army in 1964.

His military specialty was Light Weapons Infantry, and he received the Marksman Badge (rifle, pistol) and Parachutist Badge.

Beginning in 1967, he worked as an investigator with the Crimes Against Property Division; Auto Theft Division; and Vice Control Division of the Dallas Police Department.

In 1972, Mr. Parker advanced to Sergeant of the Homicide Section from which he retired in 1984.

Mr. Parker received his Bachelor of Science degree in 1976 from Sam Houston State University.

He attended Detection of Deception at University of Utah in 1982.

He became a licensed private investigator in 1988.

During his distinguished career, Mr. Parker has investigated multiple high profile cases.

One of those resolved cases, the Ianni’s Restaurant massacre in Dallas, is highlighted in Gary M. Lavergne’s book “Worse than Death.”

Mr. Parker has also been recognized for his work in other very high profile investigations.

He has provided testimony as an expert witness in the homicide trial and conviction of Darlie Routier and provided rebuttal expert witness testimony in the kidnapping trial and conviction of Ricky Lee Franks in the death of young Opal Jennings.

His knowledge of the internal workings of police departments and other service-related government agencies is unequaled and he brings that knowledge and developed investigative skill to each department he works for two resolve internal conflicts or problems.

Former famed Dallas District Attorney Henry Wade wrote of Bill Parker:

“One, if not the best homicide investigators I ever had the pleasure of working with.”

Heading the Quality Control and Quality Assurance program for The Behavioral Measures Team, Ryan J. Holden B.S., is a Federally certified and State of Texas licensed polygraph examiner trained at the U.S. Federal Government polygraph school, the National Center for Credibility Assessment (NCCA) at Ft. Jackson, S.C., as part of a decade of service with the Central Intelligence Agency and Department of Defense in security and counterintelligence operations. He continues to contract and consult on Federal counterintelligence polygraph examinations and interrogations for Naval Criminal Investigative Service (NCIS) and other federal programs.

Eric “Jay” Holden has been a member of Behavioral Measures & Forensic Services Southwest, Inc., since 2004, when he became a licensed polygraph examiner in the State of Texas. Since that time he has served the Behavioral Measures Companies in various positions including Training Coordinator for the Behavioral Measures Institute and assisted in training at the Behavioural Measures UK, Polygraph Training Centre, located in Newcastle upon Tyne, England. He is currently splitting his time between Dallas, Texas, and Wisconsin with Behavioral Measures Midwest, L.L.C.

Mr. Holden received his Bachelor of Science in 2003 from Sam Houston State University, with additional undergraduate work at the University of Texas in Austin. He attended Skyhawk Polygraph Institute in Dixon, Illinois, in the Fall of 2004.

His special talents include the technology aspects related to training polygraph examiners as well as coordinating and conducting polygraph examinations, along with using computer technology for training purposes. His background includes special training in anatomy and physiology.

His work has encompassed criminal investigations and polygraph examinations, pre-employment screenings, sex offender examinations, EPPA, and legal examinations. Mr. Holden has conducted over 6,000 polygraph examinations since he was licensed in 2004 over half of which were PCSOT testing.

Michael Holden has been a member of Behavioral Measures & Forensic Services Southwest, Inc., since 1997, when he became a licensed polygraph examiner in the State of Texas. Since that time he has conducted and managed polygraph programs for local and county government agencies including law enforcement and fire; conducted examinations for criminal and prosecuting attorneys, and business entities. In addition, he has managed our post-conviction polygraph programs for community supervision and corrections departments including the Texas Department of Criminal Justice, Parole Division.

Mr. Holden received his Bachelor of Science in 1986 from Texas A&M University, College Station. He attended the International Academy of Polygraph (accredited by the American Polygraph Association) in Fort Lauderdale, Florida, in 1997.

His work has encompassed criminal investigations, legal examinations, post-conviction polygraph testing, pre-employment screenings and polygraph testing, EPPA, and fidelity testing. He is a Full Member of the American Polygraph Association and a member of the Texas Polygraph Examiners Association.

He has additional specialized training in the area of engineering technology, risk engineering, property loss inspections, personnel management, and general insurance assessments.

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LIT’s Spotlight on Polygraphs, Sexual Harassment and Holden ‘Em Accountable
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