Mr. Specter. Were you present during the course of the entire session when Mr. Ruby was questioned, both before, during and after the actual administration of the polygraph examination?
Mr. Herndon. Yes, I was.
Mr. Specter. And before the test was actually administered, did anyone ask Mr. Ruby whether he wished to have a polygraph examination conducted on him?
Mr. Herndon. Yes. I believe Mr. Ruby was asked that question by the Commission. I am not sure of whether the defense attorney specifically asked him whether or not he wanted to take it, but I know that they were definitely against him taking the polygraph examination.
In my initial discussion with Mr. Ruby, I again also asked him to sign a voluntary waiver of consent to insure that he was freely and voluntarily taking the polygraph examination.
Mr. Specter. And what was Mr. Ruby’s response on the question of whether he wanted to take the polygraph examination?
Mr. Herndon. He clearly implied that he desired to proceed and take the polygraph examination.
Mr. Specter. Was it an implication or was it a direct statement on his part that he wanted the examination?
Mr. Herndon. It was a direct statement, and he signed the waiver of consent.
Mr. Specter. Where was the polygraph examination conducted?