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Reed v. Maryland9/6/1978
entists who are adamant in their quest for certitude and properly so. We do not disagree with that. But it points out the difference between their approach and the necessity of our approach, which is something short of certitude, but certainly we want it to be reasonably reliable.
"Dr. Baker thinks that the process or technique has not gained scientific acceptance in this field. But we note that Dr. Baker was unaware, for example, of Ladefoged's at least conditioned shift. Ladefoged had once testified in opposition to the technique and more recently in the case of the District of Columbia, had at least shifted his position, although not
entirely, but generally as a proponent, excluding I think in cases where women's voices were involved or there were intentional attempts at disguising the voice. Dr. Baker was not familiar with the type of experimentation used by Helene. Dr. Baker thought that Dr. Mike Hecker was an opponent, although Tosi says he is not, he is now a proponent. Dr. Baker had not read the Hazen Study, but had only read a summary of it.
"Furthermore, Dr. Baker first said he had no opinion as to whether it would be valid or reliable to make a voice identification if one used aural together with visual and used a trained examiner who would not say it was a match unless he was satisfied both aurally and visually, and then on redirect said that he thought this would not be valid."
Any careful review of the testimony of Dr. Baker, the sole expert produced in an effort to show that there was not acceptance of the spectrographic voice analysis technique in the scientific community, would surely reveal that it is a miserably weak crutch upon which to lean in excluding this evidence.
In concluding "that the voice identification with the aid of spectrograms is and should be admissible in the State of Maryland," the trial judge limited his ruling "to male voices," with certain provisos:
1 - That there was present "a properly trained examiner . . . ."
2 - " hat the jury or trier of fact is permitted to listen to the tape, and the spectrograms upon which the opinion is offered or made available for inspection by the trier of fact . . . ."
3 - " hat cautionary instructions were given to the jury."
4 - That counsel were specifically forbidden by the trial judge to refer to the technique here as "voiceprint" so as to eliminate any possibility
that it might be confused with fingerprints as to accuracy.
5 - That the right of the defense be preserved "to produce experts to testify concerning their opinion as to reliability of this process and indeed to allow the defendant to produce other spectrograms for comparison if the defense so desires."
It was pursuant to this determination of the trial judge that the defense produced its second expert, Dr. Hollien. He attacked the spectrographic voice analysis technique before the jury and testified that in his opinion after listening to the exemplars of Reed's voice and the recording of the telephone calls to the victim that the voices were not of the same person.
The instructions of the trial court to the jury include:
"Ladies and gentlemen, the rules of evidence ordinarily do not permit a witness to testify as to his opinions or conclusions. There are exceptions. I think in the course of this trial you have learned that even a person without prior experience or expertise, particular experience, training or expertise, is permitted by our law if they are familiar with a particular voice or have heard a particular voice, to express an opinion as to whether another voice is the same
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