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Reed v. Maryland9/6/1978
ing seen this process and experienced this happening, I realized
an examiner is not going to make full use of a spectrogram unless he has got a great amount of training in this field. If he hasn't got that -- that is what I found with the people I visited last year, as well as the other people that were against the method: They could only compare the main regions of energy. They had themselves no personal knowledge of these aspects which I found could be used to make comparisons.
"THE COURT: If those other similarities did not occur; if you could not find those between your questioned and your known, you yourself would be unwilling to express an opinion they were one and the same?
"THE WITNESS: Yes, Your Honor. The most one could say in a case like that is there is a resemblance. I doubt that opinion would be expressed.
"THE COURT: That is what is taught by Dr. Tosi? In other words, is your feeling consistent with his, as far as you know from studying under him?
"THE WITNESS: Yes, I believe so.
"THE COURT: Mr. Wood.
"BY MR. WOOD [defense counsel]:
"Q Is there a name for these subtle faint lines?
"A It is sometimes called vertical striations.
"Q How do you spell that?
"A S-t-r-i-a-t-i-o-n-s; but that does not explain all of these things. There is, as far as I know, no definite name, except sometimes it is called interformant energy peaks.
"Q And you in your opinion would need to see either vertical striations or these interformant energy peaks in both tapes or both spectrographs before being able to form your opinion?
"A Before being able to feel certain that the unknown and known samples are the same or from
the same person. My experience to a certain extent has been it is sometimes easier under good circumstances to be certain voices are the same than the opposite, to be certain they are not the same, because these additional information things I spoke about can be present when the speakers are the same, but when they are not the same, then you never find these things. Although the main regions may be quite similar for just about all the samples you compare, so you are never sure. Do you understand what I mean?
"THE COURT: Trying to prove a negative: When they are absent you are unable to say with certainty, in your opinion.
"THE WITNESS: It may happen, yes. I have had experience of some cases like that."
The third expert was Detective Sgt. Smrkovski, the officer in charge of the voice identification unit of the Michigan State Police. He is a member of the Acoustical Society of America and other societies. The trial judge said of his testimony:
"Smrkovski reported certain forensic studies in addition to the lab studies and reported that a survey of actual cases, field cases where there had been an identification utilizing spectrograms, that of all those cases 85 percent of the defendants have either admitted their guilt or pled guilty thereafter. Now there is some criticism about this and some valid criticism that a plea of guilty is not always proof certain, but nonetheless we think there are significant statistics for actual field study.
" Sergeant Smrkovski testified this is an extremely reliable method if one uses both aural and visual comparisons and if the examiner is properly trained, which he defined rather fully, and I will not repeat here. . . . He gave some interesting statistics on the actual work done at the Michigan State Lab and of all the forensic cases sent there the examiners in 60
percent of the cases have e
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