Kelly

In this case we examine the new and emerging technique of speaker identification by spectrographic analysis, common ly described as “voiceprint.” Particularly we inquire whether it has achieved that degree of general scientific acceptance as a reliable identification device which will permit the introduction of voiceprint evidence in California courts.

We have concluded that, on the record before us, the People’s showing on this important issue was insufficient, and that since the voiceprint evidence at issue herein was the primary evidence of defendant’s guilt, the judgment of conviction must be reversed. Although voiceprint analysis may indeed constitute a reliable and valuable tool in either identifying or eliminating suspects in criminal cases, that fact was not satisfactorily demonstrated in this case.

Defendant was convicted of extortion (Pen. Code, §§ 518-520) arising out of a series of anonymous, threatening telephone calls to Terry Waskin. The police, acting with Waskin’s consent, tape recorded two of these calls (the extortion tapes). An informant familiar with defendant’s voice subsequently listened to these tapes and tentatively identified defendant as the…