State v. Coon

974 P.2d 386, 1999 Alas. LEXIS 28, 1999 WL 112397
CourtAlaska Supreme Court
DecidedMarch 5, 1999
DocketS-6893
StatusPublished
Cited by131 cases

This text of 974 P.2d 386 (State v. Coon) is published on Counsel Stack Legal Research, covering Alaska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Coon, 974 P.2d 386, 1999 Alas. LEXIS 28, 1999 WL 112397 (Ala. 1999).

Opinions

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

A jury found George Coon guilty of making three terroristic telephone calls. We must decide whether the superior court erred in admitting opinion evidence, based on a voice spectrographic analysis, that Coon made those calls. Applying the Alaska Rules of Evidence and the standard for admitting novel scientific opinion evidence, articulated by the United States Supreme Court in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993), we hold that it was not error to admit that evidence, and affirm Coon’s conviction.

II. FACTS AND PROCEEDINGS

Three messages threatening David Rudolph’s life were left on Deborah Rudolph’s telephone answering machine. Deborah, Coon’s former daughter-in-law, recognized the recorded voice as Coon’s. The State charged Coon under former AS 11.56.810(a)(2) with terroristic threatening.

The State retained a voice analysis expert, Steve Cain, who compared the voice on the answering machine with verbatim voice exemplars provided by Coon. At Coon’s 1992 trial, the superior court held a hearing outside the jury’s presence to determine whether Cain’s testimony would be admissible under Frye v. United States, 293 F. 1013 (D.C.Cir.1923). The superior court found that Cain’s testimony was relevant and would assist the jury. It therefore held that the evidence was admissible under Alaska Evidence Rule 702. The court also concluded that spectrographic analysis of voices satisfied the Frye test for admitting novel scientific evidence, and that the identification of voices by analyzing spectrograms had been generally accepted by courts and was a reliable technique. The jury then heard Cain express his opinions that Coon made the first telephone call, and that there was a high probability Coon also made the second and third calls. Cain described for the jury the scientific foundation for his opinions. The jury found Coon guilty of terroristic threatening.

On appeal, the Alaska Court of Appeals held that the appellate record did not support admitting Cain’s testimony at trial.1 It reasoned that the State had not presented evidence concerning the relevant scientific community and whether that community generally accepted voice spectrographic analysis. It noted that the superior court had made no findings on those topics, contrary to the requirements of Frye. It remanded, reasoning that the State might be able to establish that voice spectrographic analysis met the Frye [389]*389standard for admissibility. Citing Contreras v. State, 718 P.2d 129 (Alaska 1986), where we adhered to the Frye standard, the court of appeals declined to address the State’s argument that the Frye standard was no longer viable in Alaska following adoption of the Alaska Rules of Evidence and announcement of the Daubert opinion.

Petitioning for hearing, the State asked us to consider the same arguments. It also argued that the trial court’s ruling satisfied Daubert. We granted the State’s petition. Following briefing and oral argument, we remanded with directions that the superior court enter findings of fact and conclusions of law about whether Cain’s testimony was admissible under Evidence Rule 703. The order also required findings of fact and conclusions of law about the admissibility of the proffered testimony under the Frye and Daubert standards. We retained jurisdiction. Entering separate findings and conclusions for each standard, the superior court ruled on remand that the evidence was admissible under both tests.

We then asked the parties and possible amici curiae to file briefs discussing whether to retain Frye or to adopt the test articulated in Daubert to determine the admissibility of scientific evidence. Five amici curiae — the Alaska Academy of Trial Lawyers (AATL), the Alaska Public Defender Agency (APDA), the Defense Counsel of Alaska (DCA), the Product Liability Advisory Counsel (PLAC), and Rex Lamont Butler and Associates (Butler) — submitted briefs thoroughly discussing the issues presented. We thank them for their valuable assistance.

III. DISCUSSION

A. Frye, Daubert, and the Rules of Evidence

The State asks us to abandon the scientific evidence test discussed in Frye and adopt the “more flexible” standard announced in Daubert. Whether to adopt a new standard for admitting evidence involves the interpretation of the Alaska Rules of Evidence and is therefore a legal question to which this court applies its independent judgment, adopting the rule most persuasive “in light of reason, precedent and policy.”2

Before Daubert was issued, Frye was the dominant standard for the admissibility of scientific evidence in federal and many state courts.3 'We adopted the Frye standard in Pulakis v. State, 476 P.2d 474, 478-79 (Alaska 1970).

The Frye court held the results of a crude lie detector test, based on the examinee’s blood pressure, to be inadmissible to show a criminal defendant’s innocence.4 The court’s entire analysis consisted of one paragraph and cited no supporting authority:

Just when a scientific principle or discovery crosses the line between the experimental and demonstrable stages is difficult to define. Somewhere in this twilight zone the evidential force of the principle must be recognized, and while courts will go a long way in admitting expert testimony deduced from well recognized scientific principle or discovery, the thing from which the deduction is made must be sufficiently established to have gained general acceptance in the particular field in which itbelongsl[5]

The court concluded that the systolic blood pressure deception test had “not yet gained such standing and scientific recognition among physiological and psychological authorities” as to be admissible into evidence.6

Seventy years later in Daubert, the United States Supreme Court ruled that the Federal [390]*390Rules of Evidence, adopted in 1975, had superseded the Frye “general acceptance” test for admitting scientific evidence.7 The plaintiffs in Daubert were minor children with serious birth defects.8 They alleged that the birth defects resulted from their mothers’ ingestion of Bendectin, a prescription anti-nausea drug, during pregnancy. They sought to introduce expert testimony that Bendectin was a teratogen, a substance capable of causing malformations in fetuses.9 The trial court refused to admit the testimony and entered a defense judgment.10 The Ninth Circuit affirmed, but the Supreme Court vacated the judgment and remanded.11 So ruling, the Court stated that “a rigid ‘general acceptance’ requirement would be at odds with the ‘liberal thrust’ of the Federal [Evidence] Rules and their ‘general approach of relaxing the traditional barriers to ‘opinion’ testimony.’ ”12

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Bluebook (online)
974 P.2d 386, 1999 Alas. LEXIS 28, 1999 WL 112397, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-coon-alaska-1999.