Attorney Hope Freeman was barely two minutes into her argument Tuesday as to why a Lodge Grass man's conviction for sexual assault on a minor should be reversed when the federal appeals judge in Seattle interrupted.

Judge Jonnie B. Rawlinson confirmed no polygraph test had been given to Wayne Deputee, who confessed to the crime but at trial claimed he was coerced into the admission. The judge then zeroed in on what the defense had to refute.

"Why isn't this just a self-inflicted wound?" she asked.

Rawlinson and the two other judges on the panel questioned Freeman for the next 15 minutes from their courtroom, and Freeman responded from Billings through a videoconference set up by Vision Net.

Assistant U.S. Attorney Lori Suek, who tried the case, argued before the panel in Seattle.

Normally, federal prosecutors and defense attorneys in Montana travel to Seattle or San Francisco for hearings on criminal cases before the 9th U.S. Circuit Court of Appeals.

The court is based in San Francisco.

Deputee's appeals attorney, Jeff Michael, arranged for a videoconference to save time and money.

Michael has used Vision Net's services in state court and said he decided to try it for the appellate court hearing. Freeman, a former prosecutor who lives in Red Lodge, works for Michael and argued the case.

Rawlinson, along with Judges Consuelo Maria Callahan and Richard D. Cudahy, from the 7th Circuit based in Chicago, appeared on a television screen and faced a camera while questioning Freeman, who appeared in a little box on the split screen.

Later, Suek appeared on camera during her arguments while Freeman and Michael watched from Billings.

A digital clock on the screen counted down the minutes allowed for each side. A green light turned to red when the time was up.

The judges questioned Freeman and Suek extensively, leaving little time for long arguments.

Deputee, 53, is serving a 30-year sentence at a medium-security prison in El Reno, Okla. He was convicted in July 2008 of aggravated sexual assault for fondling a girl, who was under the age of 12, as she was lying on a mattress watching television in 2006 in Black Lodge on the Crow Reservation.

Deputee gave a taped statement to FBI Special Agent Stacy Smiedala in which he confessed to touching the victim.

Chief U.S. District Judge Richard Cebull sentenced Deputee to the minimum mandatory term.

Deputee is seeking a new trial on several grounds, including that Cebull abused his discretion when he allowed prejudicial polygraph evidence.

Suek said the conviction and sentence should be upheld.

During his initial testimony, Smiedala did not disclose under court instructions that he is a polygraph examiner. Courts usually do not allow testimony about polygraph tests.

But Cebull allowed Suek to recall the agent for testimony about polygraph exams after Deputee's attorney questioned the agent extensively about interrogations and what happened during his interview with Deputee.

The agent then told the jury that Deputee drove to Billings for a polygraph test but one was not given. Deputee initially denied the allegation; the agent explained how a polygraph exam works, and Deputee then confessed.

Suek argued that not allowing the agent to say he was a polygraph examiner would have misled the jury by giving the impression he was lying or withholding information.

The defense attorney "painted the polygrapher as an award-winning interrogator who was called in to save the day and get a confession," she said.

In the news at the time, Suek said, were stories about torture and water boarding.

Not allowing the agent to truthfully answer questions, she said, could have left jurors wondering, "This guy could be a water boarder."

The justices took the case under advisement.