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Reed v. Maryland9/6/1978
decision of these particular spectrograms.
"Q Well is listening to it alone considered by you to be a valid procedure?
"A No, because I think it introduces the whole problem of voice disguise and attempts to disguise a voice."
In other words, this lone expert produced by the defense on the issue of admissibility in opposition to the technique used and said by four experts on behalf of the prosecution to be a valid one was not sufficiently familiar with that technique to know that it involved two of man's senses, hearing and seeing. It would appear that there is no way that one could feel, smell, or taste the comparison. Thus, the only two senses that could be brought to bear on the matter of identification were brought to bear. Since Dr. Baker was of the view that one could not by hearing say that two voices were identical -- our case law to the contrary notwithstanding -- it follows that he was of the view that
there was just no way that one could opine that two voices were the same. It appears, as the trial judge pointed out, he apparently was looking for mathematical certainty rather than probability, and probability is the basis for testifying in court.
The cross-examination of Dr. Baker continued:
"THE COURT: The question right now is, as I understand it, if one assumes that the trained examiner makes an identification, that it says that he is reasonably certain that they are the same only when he has had the benefit of spectrograph as well as aural comparison and only when he is satisfied by aural comparison as well as spectrographic analysis they are one and the same voice. If that is the criteria, Dr. Baker, and the examiner will not express an affirmative opinion that will match it when any of that is missing, would that change your opinion as to the essential reliability of the procedure?
"I will allow him to answer that question.
"THE WITNESS: I know of no other way to answer it other than to say yes, any particular additional procedures that would cause the elimination of errors would be certainly advisable, but as I have tried to explain, the inclusion of another procedure does not necessarily eliminate all of the problems associated with this.
"Now again we are talking about two different procedures. One is by ear and one is by eye.
"BY MR. SHAW:
"Q Are you able to answer the question? For some reason you are not. I have no problem with it. Can you state an opinion as to the validity of using both the visual and aural together in one analysis and where both of those agree?
"MR. WOOD: I object. He already answered that question. He has testified that he considers it not reliable.
"THE COURT: I am going to overrule your objection.
"THE WITNESS: I have no opinion." (Emphasis added.)
There was an attempt to rehabilitate him on redirect examination:
"THE COURT: . . . You may answer.
"Given no ground rules other than an examiner comparing and using both spectrographic analysis and aural comparison of the specimens, do you have an opinion as to the reliability of the procedure?
"THE WITNESS: Yes, I have an opinion.
"BY MR. WOOD:
"Q What is that opinion?
" A My opinion is that the combination of the two methods could conceivably introduce greater false identification and/or false elimination into the proceeding, could conceivably.
"Q But specifically on the point is it or is it not a valid procedure, using those two aspects?
"A I don't consider it to be a valid procedure."
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