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Reed v. Maryland

9/6/1978

cians.


"THE COURT: Among that group who would be able or who would have made themselves able and interested in the field, and I am restricting this question to, do you have an opinion as to whether there has been generally accepted as a reliable or valid method for the aid of voice identification?


"THE WITNESS: I do not believe it has been accepted.


"THE COURT: Again it calls for a yes or no answer. Do you have such an opinion?


"THE WITNESS: Yes.


"THE COURT: All right.


"BY MR. WOOD:


"Q What is that opinion?


"THE WITNESS: I do not believe that it is an accepted procedure. That is my opinion."


The record further reflects relative to the cross-examination of Dr. Baker:


"Q How can you say it is not generally accepted if you do not know how many people we are talking about?


"A From the literature I have been reading I do not find it as an acceptable procedure.


"Q You did not find that it is generally accepted, but that literature is not necessarily written by persons actively in spectrography?


"A Again that is how you define that group. Do you include the Bolt group in that definition? Do you


include members of the Speech Communications Section of the Acoustical Society of America that voted [against] in numbers 42 to 0?


"Q What you are saying is from the majority of articles that you have read they are opposed?


"A The majority of articles in my purview that have to deal with this are not necessarily positive in their characterization of the proceeding.


"Q That is your basis of your opinion that it is not generally accepted?


"A That is correct.


"Q What you are saying is that the whole process is a matter of observing two spectrographs?


"A No, I said two or more.


"Q And determining whether or not it is the same individual?


"A Whether or not those two particular displays are in fact of the same individual, that is correct. That is the essence of the technique.


"Q But your definition of the technique would not include that same trained expert listening to a tape itself, would it?


"A Well now this morning I believe the question was raised about this as far as whether you could in fact look at these without making the things themselves and whether you did in fact have to listen to material to make sure it was in fact correctly reproduced for the machine to analyze it.


"Q I am trying to get you to define the term that we have all been using all day, voice comparison by sound spectrography. Does that method mean comparing of one or more spectrograms, or does it mean that comparison in addition to trained experts listening to it?


"A It depends on how you want to define sound


spectrography, how you want to define voice identification.


"Q Define it.


"A I have said it the way it is. Now if you want to include, if one wants to, it is perfectly all right with me, as long as you set up the ball game, if you want to include by listening also, that is another way to accomplish speaker identification, by listening. It is another set of procedures that can be done that way.


"Q Everything that you have been talking about up to now, did it include listening to it as well, is that correct, because nobody defined the ball game that way for you yet?


"A I do not remember in my answers to questions constantly keeping in mind that we were also talking about an aural exercise of listening to make the

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