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Reed v. Maryland9/6/1978
to the examiner of telltale interformant energy peaks. These are involuntary energy peaks. They are more subtle than the other lines and indeed
they may be represented by the absence of lines, spaces or shadings. Dr. Jansen was particularly impressed by the fact that these interformant energy peaks might well provide, and to him do provide, the so-called clinchers for positive identification in many cases. Dr. Jansen said that of the people he met who had recognized expertise in this particular field, only one spoke against the process, and this I believe was Dr. [Fausto Poza].
"I would comment that Dr. Jansen is perhaps more conservative than the Court would be with regard to his approval of the use of [this] type of evidence. He impressed me as wanting to be near certain before he would agree to the use of it, and yet he now believes that it is generally acceptable among those who are truly familiar with it and it has obtained the reliability, or the reliability has been demonstrated to him in such fashion that he believes that properly done and with the properly trained examiner it should be utilized in the forensic courtroom situation."
Jansen's first study of spectrographic voice identification was in 1964. It was because of differences of opinion which he originally found in the field that in 1974, as he put it, he "visited people who spoke against the method and for the method." In response to a question as to whether he met with Dr. Bolt and other critics (Dr. Bolt being one of the prime opponents), he replied that he had spent " pproximately one day with each of those people" during his 1974 study-tour of the United States. At the end of this period he was still skeptical of the process. He was asked whether his initial opinion that the process was "unreliable was enhanced by contacts with Dr. Bolt's group." He replied:
"A Well, since you ask the question, I have to be honest and tell you that many of those people did not speak against the use of spectrograms for identifying people. They spoke against the use for use in law courts. And most of them were convinced
such spectrograms had good value for comparing speakers. What they had against the method being used in courts of law was the main argument that they thought that it is not objective, the method is not objective enough, and also, it is not possible for the examiner to state a definite percentage of accuracy, or conversely, of error, in his finding. Those were the main arguments against the method.
"Q I take it up until June of 1975 you were in agreement with them; in basic agreement?
"A Yes.
"Q It wasn't until you spent 150 or 200 hours with Dr. Tosi that you changed your opinion?
"A That is correct.
"Q Do you think your opinion might be affected if you spent the same amount of time again with Dr. Bolt and his group?
"A The answer is no, because these people were not involved in comparing spectrograms. There is nobody who I could have gone to who could prove to me that the method does not work."
Of the individuals whom he had met whom he regarded as having expertise in the field, which was "only about six or seven people," he said only "one of them spoke against the method." He testified that he was advised by Bolt personally that he did not "consider himself an expert on spectrographic comparisons." The negative position was that of Fausto Poza. He observed relative to him:
"A No, I don't, but I can tell you this concerning that case, that I have not been completely convinced --
"THE WITNESS: -- of his integrity in stating that he felt [such] evide
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