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  1. #1
    Join Date
    Dec 2013
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    3

    Default Disputing Whose Voice is on a Police Recording

    My question involves criminal law for the state of: Virginia

    Young lady was arrested for distribution . She says it is not her on tape in the controlled buy . We asked the attorney was it feasable to try and compare her voice to voice on tape to see if it is her ?
    He said he wasn't sure how to go about that and seemed uninterested in looking into it . As her lawyer shouldn't he at least look into it ?
    If she is telling the truth , there are a couple things she pointed out , in her interview with the officer he stated he remembered her having more tatoo's than she had . She only had one on one arm . Also , he supposedly said she met him in a toyota four wheel drive pickup that was a a five speed . This seems a little odd to me , but I am trying to give her the benifit of the doubt on this part . But , anyway , she can not drive a straight hear vehicle , this I know .
    And she says she has never seen this guy before in her life , and he is supposedly the one that did the buy .
    So there is some evidence of the wrong person being prosecuted .
    Are these interviews recorded ? If so it could verify her story and the voice reconition , how. Accurate are they ? Would the outcome of a voice reconition sway the verdict one way or the other ?
    Kenneth

  2. #2
    Join Date
    Jan 2006
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    38,728

    Default Re: Voice Reconnition

    arrested for distribution?

    Wow, no wonder I don't see those government cheese give aways anymore. I never thought it was a good idea (unless you are a manufacturer of laxatives) but I never thought it was illegal.



    the voice record is only one part of identifying her. If it really wasn't her, she may want to spend the thousands of dollars it will require to have professional voice analysis done but that is something she would have to be willing and able to pay for as it being part of her defense.


    She says it is not her on tape in the controlled buy .
    ok, let's say you got the audio tape suppressed. How is she going to argue against the officer setting on the stand, when asked if he can identify the person involved in the buy, points to the young lady and say; there she is, right there at the defendants table?

    in most situations, no one piece of evidence is adequate to convict a person. It is the cumulative mound of evidence the prosecution brings that results in the jury's verdict. If you take away one bit of evidence, as long as the remaining evidence is adequate to prove the crime, it becomes a moot point.

    And she says she has never seen this guy before in her life , and he is supposedly the one that did the buy .
    so he had on a disguise. next issue.


    So there is some evidence of the wrong person being prosecuted .
    so the cprosecution must prove, beyond a reasonable doubt, that she is guilty of the crime charged. All of the issues you bring up may allow for some reasonable doubt. If the jury sees it as that as well, then she walks.

  3. #3
    Join Date
    Sep 2005
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    Default Re: Disputing Whose Voice is on a Police Recording

    Quote Quoting Kenneth66
    View Post
    We asked the attorney was it feasable to try and compare her voice to voice on tape to see if it is her ?
    He said he wasn't sure how to go about that and seemed uninterested in looking into it .
    You can look for an expert on voice comparison, pay him the money he charges to do a voice analysis to compare the voice on the tape to the defendant's and, if his testimony is useful, pay him to appear at trial. Money, money, money. Meanwhile, you have to get the lawyer on board, and he has to comply with the state's criminal discovery rules relating to expert testimony.

  4. #4
    Join Date
    Apr 2009
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    Somewhere near Canada
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    35,894

    Default Re: Disputing Whose Voice is on a Police Recording

    True story:

    Crazy ex and Mrs Crazy Ex (the third) once told my attorney that Mrs. Crazy had discovered that I live in Seattle, was working at I-Hop and was flying to Fargo two or three times a month. Oh, and my name was Selena.

    Mrs. Crazy went as far as saying that they had voice recognition software and they'd called this poor Selena person and lo and behold it was me.

    Obviously it wasn't. Oh and her Uncle was a PI and had followed me on every flight. My attorney did laugh a smidge about that as we shared Chai tea in the coffee shop...in Fargo.


    (The fact that the only time I've ever flown to Seattle was on my honeymoon in 1998 didn't seem to matter)

    (I-Hop pays enough to provide an apartment, living expenses and twice monthly flights to Fargo?! I'm in the wrong line of work, obviously)

    (Oh, and they really did call poor Selena)

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