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NewsSeptember 10, 2003

A Cape Girardeau man previously charged with burglary and assault and who was severely beaten by his accusers no longer faces criminal charges. Kristoffer E. Ponzar, 29, recently passed a polygraph test conducted by law enforcement and all charges against him were dismissed, said Cape Girardeau Prosecuting Attorney Morley Swingle...

Southeast Missourian

A Cape Girardeau man previously charged with burglary and assault and who was severely beaten by his accusers no longer faces criminal charges.

Kristoffer E. Ponzar, 29, recently passed a polygraph test conducted by law enforcement and all charges against him were dismissed, said Cape Girardeau Prosecuting Attorney Morley Swingle.

Police found Ponzar May 30 outside an apartment at 105 S. Spanish, bloodied and beaten so badly he required hospitalization. Residents John Henry Harris II and Chasity R. Pehm told police Ponzar broke into their apartment late at night and that they fought with him. Harris dragged Ponzar down the stairs and the couple told police they didn't know him, investigators said.

But Ponzar said that simply wasn't true and that the couple invited him into their apartment before they argued and fought, Swingle said. His polygraph test results created enough reasonable doubt that the prosecutor's office decided he was telling the truth.

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"The defendant had all along adamantly maintained to his lawyer and our office that he was not guilty," Swingle said. "Though it's not admissible in court, a polygraph test is a good tool for law enforcement to make our own determination of whether charges should be dismissed."

Harris, 20, was arrested a week after the alleged burglary for attacking Pehm. He pleaded guilty July 1 to third-degree assault and was sentenced to 30 days in county jail. Harris has a prior conviction for robbery.

"We'll revisit the question of whether anyone else should be charged with any crimes from this incident," Swingle said.

Attempts to reach Ponzar for comment were unsuccessful.

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