State v. Williams

446 N.E.2d 444, 4 Ohio St. 3d 53, 4 Ohio B. 144, 1983 Ohio LEXIS 665
CourtOhio Supreme Court
DecidedMarch 23, 1983
DocketNo. 82-528
StatusPublished
Cited by167 cases

This text of 446 N.E.2d 444 (State v. Williams) is published on Counsel Stack Legal Research, covering Ohio 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. Williams, 446 N.E.2d 444, 4 Ohio St. 3d 53, 4 Ohio B. 144, 1983 Ohio LEXIS 665 (Ohio 1983).

Opinion

Clifford F. Brown, J.

This court has not previously ruled on the admissibility of voice analysis and identification testimony and exhibits in Ohio courts. That issue is directly raised here, both lower courts holding such evidence is proper under controlled conditions. For the reasons that follow, we agree and here conclude that the voice analysis and identification testimony and exhibits were demonstrated to be sufficiently reliable to be considered relevant and admissible evidence in this case.

Underlying all voice analysis is the principle that every speaker is idiosyncratic and individualistic, i.e., that no two voices are alike. The spectrograph is an electromagnetic instrument which produces a visible record of sound of any description, but has been developed primarily to record voices. Sound is received by the spectrograph as input and transcribed onto a special paper wrapped around a rotating drum. Frequency, duration and intensity of the voice are represented on the output of the process, known as a spectrogram.

The spectrograph operator typically is provided two tapes, one with a known and the other with an unknown voice. The operator first listens to the tapes, then chooses similar words or phrases to use as input. Spectrograms of the same words and phrases are then compared visually to determine whether they were made by the same speaker. Taken into consideration when attempting a “match” are the fidelity of the source, the number or length of sample words and the conditions under which the recordings were [56]*56made. The operator will then make either an absolute identification, absolute elimination, probable identification, probable elimination or no decision.3

Various federal and state courts have previously considered the admissibility of spectrographic analysis for purposes of identification, with varying results. See, e.g., United States v. Williams (C.A. 2, 1978), 583 F.2d 1194, certiorari denied (1979), 439 U.S. 1117 (held admissible); United States v. McDaniel (C.A. D.C. 1976), 176 U.S. App. D.C. 60, 538 F. 2d 408 (held not admissible); United States v. Baller (C.A. 4, 1975), 519 F. 2d 463, certiorari denied (1975), 423 U.S. 1019 (held admissible); United States v. Williams (S.D. N.Y. 1977), 443 F. Supp. 269 (held admissible); United States v. Sample (E.D. Pa. 1974), 378 F. Supp. 44 (held admissible in probation revocation hearing); Reed v. State (1978), 283 Md. 374, 391 A. 2d 364, 97 A.L.R. 3d 201 (held not admissible); State v. Williams (Me. 1978), 388 A. 2d 500 (held admissible); People v. Tobey (1977), 401 Mich. 141, 257 N.W. 2d 537 (held not admissible); Commonwealth v. Topa (1977), 471 Pa. 223, 369 A. 2d 1277 (held not admissible); People v. Kelly (1976), 17 Cal. 3d 24, 549 P. 2d 1240 (held not admissible).

Just as the results differ from jurisdiction to jurisdiction, the standards for admitting such evidence also vary. The earliest pronouncement on the admissibility of recently ascertained or applied scientific principles can be found in Frye v. United States (1923), 54 U.S. App. D.C. 46, 47, 293 F. 1013, 1014:

“* * * 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 a 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 it belongs.”4

The “Frye test” is usually construed to require a survey of scientific opinion as to the general acceptance and reliability of the process. As stated in United States v. Addison (C.A. D.C. 1974), 498 F. 2d 741, 744:

“* * * [T]he Frye test protects prosecution and defense alike by assuring that a minimal reserve of experts exists who can critically examine the validity of a scientific determination in a particular case. Since scientific proof may in some instances assume a posture of mystic infallibility in the [57]*57eyes of a jury of laymen, the ability to produce rebuttal experts, equally conversant with the mechanics and methods of a particular technique, may prove to be essential.”

The “Frye test” has been criticized, however, by courts5 and commentators alike. As stated by Professor McCormick:

“* * * ‘General scientific acceptance’ is a proper condition for taking judicial notice of scientific facts, but not a criterion for the admissibility of scientific evidence. Any relevant conclusions which are supported by a qualified expert witness [footnote omitted] should be received unless there are other reasons for exclusion. Particularly, probative value may be overborne by the familiar dangers of prejudicing or misleading the jury, and undue consumption of time. If the courts used this approach, instead of repeating a supposed requirement of ‘general acceptance’ not elsewhere imposed, they would arrive at a practical way of utilizing the results of scientific advances.” (Footnotes omitted.) McCormick, Evidence (2 Ed., Cleary Ed. 1972) 491, Section 203.

The Sixth Circuit Court of Appeals has recognized that, given the “ ‘considerable area of discretion on the part of the trial judge in admitting or refusing to admit’ ” such evidence, “[i]f a scientific process is reliable, or sufficiently accurate, courts may also deem it ‘generally accepted.’ ” United States v. Franks (C.A. 6, 1975), 511 F. 2d 25, 33, certiorari denied (1975), 422 U.S. 1042, 1048. In holding spectrographic analysis evidence admissible, the Franks court merely required that the process be relevant and reliable.

Although the parties in this case urge this court to adopt one of the special tests described above and establish a concrete rule on admissibility of voice analysis and identification testimony, we endorse a more flexible standard derived from this state’s Rules of Evidence. This third and preferable approach to spectrographic evidence was first adopted by the Supreme Judicial Court of Maine in State v. Williams, supra. That court refused to adopt a special rule for scientific evidence, preferring instead to follow the “fundamental philosophy of our Rules of Evidence, as revealed more particularly in Rules 402 and 702, generally favoring admissibility of expert testimony whenever it is relevant and can be of assistance to the trier of fact.” Williams, supra, at 503.

Evid. R. 402 provides:

“All relevant evidence is admissible, except as otherwise provided by the Constitution of the United States, by the Constitution of the State of Ohio, by statute enacted by the General Assembly not in conflict with a rule of the [58]*58Supreme Court of Ohio, by these rules, or by other rules prescribed by the Supreme Court of Ohio. Evidence which is not relevant is not admissible.”

Evid. R. 702 makes specific reference to the admissibility of scientific testimony:

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Bluebook (online)
446 N.E.2d 444, 4 Ohio St. 3d 53, 4 Ohio B. 144, 1983 Ohio LEXIS 665, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-williams-ohio-1983.