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Reed v. Maryland9/6/1978
xpressed no opinion. In 40 percent of the cases, therefore, they have expressed an opinion of some kind, and on a three to one ratio these opinions eliminated suspects."
The State's last expert was Dr. John McClung of Wayne State University. His master's degree was in the field of audiology and physical science, and his Ph.D. was in the field of speech science. He stated specifically that he had not studied under Dr. Tosi, describing himself as "self-taught." One of the courses which he teaches is "Speech Pathology," which involves the operation of sound spectrographs and production of sound spectrograms. He indicated that he was then engaged in studies and experimentation "as a result of the objections by Dr. Kenneth Stevens, Dr. Louis Gerstman, and Fausto Poza in trial proceedings such as this." In response to a question as to whether he was doing this "to try to give more information, so that c[ould] learn more about the subject," he replied:
"A No, sir. I am sufficiently convinced in my own opinion as to the reliability and validity of the procedure. One of the purposes of this specific project is to obtain data to demonstrate to these other gentlemen I have mentioned support for my conviction on the reliability and validity."
In answer to a question as to his opinion "as to the reliability of the process of voice identification by sound spectrography," he said:
"THE WITNESS: My opinion is that the procedure itself would have a reliability of approximately in my opinion 95 percent accuracy in identifying the -- a proper identification of the two prints coming from the same speaker or two different speakers."
The sole witness produced in opposition to the admissibility of the evidence was Dr. Joseph Baker, an Associate Professor of Hearing and Speech at the University of Maryland with a master's and doctorate in hearing and speech science. The trial judge described him as being "mostly familiar with this particular area of voice identification through the assistance of spectrograms by his reading of articles in the area, although he has done some class demonstrations with the spectrograph and he is familiar with the use of the machine, having used it in other areas of the hearing and speech science." He has never conducted any controlled experimentation in voice identification using spectrograms. In response to a question as to whether "the process of voice identification by spectrographic comparison reliable," he said:
"A I do not feel that the state of the art is sufficiently advanced to answer that question affirmatively. So I say no."
At another point the record reflects relative to the examination of Dr. Baker:
"Q What general field would you put voice identification and using spectrographic analysis?
"A My best answer to that would be one, that it is a field associated with speech sciences. It interacts and interphases with forensic law.
"Q Let me ask you the question this way: Has voice identification using spectrographic analysis gained a general acceptance in that field that you just designated?
"MR. SHAW [prosecutor]: I object. That is irrelevant as to that field and also there is no foundation.
" MR. WOOD [defense counsel]: Your Honor, we have been here since 10 this morning talking about the foundation being the expertise of Dr. Baker in his field. All I am asking him for now is a further opinion on the general acceptance of this process.
"THE COURT: Well, Dr. Baker, who cares and worries and argues and writes and studies about this?
"THE WITNESS: Voice scientists. Some people call themselves phoneti
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