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Reed v. Maryland9/6/1978
r jurisdictions, and (3) relevant scientific writings provides convincing proof to justify admission of the evidence. The considerable reliability proved by the Tosi experiment, the greatly added reliability induced by the application of further skills by the experienced examiner working under forensic conditions, and the totality of the evidence received at the voir dire hearing which tended to minimize the importance and weight of adverse or skeptical writings all serve to support a conclusion of general acceptability as required by the rule of the Fatalo and Frye cases.
" We hold that there was no error in the admission of the contested opinions of Lt. Nash." 367 Mass. at 203-05, 327 N.E.2d at 678-79 (footnote omitted).
In Trimble, 291 Minn. 442, the Minnesota court observed:
"In view of the fact that identification by aural voice comparison, either respecting telephone conversations or words spoken at a lineup, or recorded by other mechanical means is admissible, and the admission that voice comparisons by spectrograms corroborate identification by means of ear, we are convinced that spectrograms ought to be admissible at least for the purpose of corroborating opinions as to identification by means of ear alone.
They ought also to be admissible for the purpose of impeachment. The weight and credibility of such evidence lie with the finder of facts, but that does not involve the question of admissibility." Id. at 457-58, 192 N.W.2d at 441.
It then went on to say, "The qualification of an expert is normally left to the discretion of the trial judge and we think that ought to be the rule here as well as in other fields of scientific study," a statement which should sound familiar to Maryland lawyers. See, e.g., Yudkin v. State, 229 Md. 223, 229, 182 A.2d 798 (1962).
State v. Williams, 388 A.2d 500 (Me. 1978), is the most recent spectrographic decision concerning which I have any knowledge. The Maine court said that Williams' "position on appeal that it was error to admit the speech spectrograph evidence because the scientific community has not generally accepted the speech spectrograph as a scientifically reliable method of voice identification." Thus, it said " he threshold question" with which it was "confront to determine what standard, under the law of evidence, governs admissibility in relation to the type of evidence here involved." (Emphasis in original.) Williams sought application of the Frye test. After discussing the Maine Rules of Evidence, adopted in 1976, which are patterned after the Federal Rules of Evidence, the court alluded to that portion of McCormick, Evidence, § 203 at 491 (2d ed. 1972), from which I have previously quoted and said:
"In accordance with the provisions, and basic spirit, of our Rules of Evidence in regard to the admissibility of expert testimony, we conclude that there is no justifiable distinction in principle arising because such expert testimony may happen to involve newly ascertained or newly applied scientific principles. The controlling criteria regarding the admissibility of expert testimony, so long as the proffered expert is qualified and probative value is not substantially outweighed by the factors mentioned in Rule 403, are whether in the sound
discretion of the presiding Justice the testimony to be given is relevant and will assist the trier of fact to understand the evidence or to determine a fact in issue.
"In particular cases where the expert testimony proffered rests on newly ascertained, or applied, scientific principles, a stronger showing may become necessary before the presiding Justice
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