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Reed v. Maryland9/6/1978
5 (1975); Note, supra, 18 Wayne L. Rev. 1365, 1397; and Note, supra,
13 N.Y.L.F. 679, 745-51 (1968). In Note, Voiceprint Identification: The Trend Towards Admissibility, 9 New England L. Rev. 419, 430 (1975), it is stated, "The trend since 1971 has most decidedly been to admit voiceprint evidence, at least for the purpose of corroboration . . . ." Admission of such testimony is supported by Boren, The Voiceprint -- Staging a Comeback, 3 U. San Fern. V.L. Rev. 1 (1974); Gorecki, supra, 77 Mil. L. Rev. 167 (1977); and, of course, by Greene, supra, 13 Am. Crim. L. Rev. 171 (1975); and Decker & Handler, supra, 26 Am.U.L. Rev. 314, 316 (1977).
5. Application of the Frye test to the evidence in this case
a. By the trial judge
I shall now proceed to an analysis of that which the trial judge had before him when he ruled upon the admissibility of evidence as to spectrographic analysis of voices. I believe that even if a showing of scientific acceptance were required, it cannot be said that Judge McAuliffe erred in admitting the evidence of voice identification here. Four experts were produced by the State and one by the defense at the preliminary hearing on this subject.
Dr. Tosi was the first witness produced by the State. The trial judge said relative to his background:
"Dr. Tosi is a scientist of unimpeachable credentials in this area. . . . I think it fair to say that Dr. Tosi is the leading authority in this country and perhaps in the world on voice identification by spectrographic analysis, or more properly stated, with the aid of spectrographic analysis. He appears to have testified in most of the reported cases and
he said here that he had made some 50 to 55 court appearances on this subject. He has conducted controlled experiments which have been widely acclaimed for the utilization of approved scientific methodology."
The defense stated, " e agree Dr. Tosi is qualified. We don't challenge his qualifications."
Tosi indicated he had been involved in spectrographic analysis for over 25 years, but his experience in connection with voice identification did not begin until 1966. He had been skeptical of the process here in issue prior to his studies in 1968. In that year he was engaged by the Michigan State Police to evaluate Kersta's system of voice identification. Dr. Tosi told the trial judge that at that time his "opinion was that
the method need more studies, more data in order to reach a final conclusion." Dr. Tosi testified that he "said in report, 'The method shows promise. However, I need more data to reach a [final] conclusion and make up my mind.'"
The trial judge noted:
"The entire concept of voice identification through the aid of spectrograms got off to a bad start when Kersta, who obviously had a commercial interest as well as a scientific interest, very early on in the game and after some experiments on his own pronounced the system infallible. This had the effect that one might anticipate in the scientific community, which was, if not quite horror, at least resentment.
"Dr. Tosi said that he resented the fact that this man would propose this relatively new system as being infallible. Dr. Tosi testified in one of the earlier cases and said that based upon his observations the use of spectrograms for voice identification showed promise, but it needed more study and more particularly it needed a scientific approach, some controlled experiments, scientifically constructed and supervised and interpreted, and that in the absence of such controlled experiments using approved methodology he was unwilling to say that it
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