DIRECT EXAMINATION BY MR. PETERS: Q. Dr. White, have you ever used in your past experience a polygraph exam as a tool for investigative purposes? A. Yes, I have, on prior occasions. Q. To your knowledge, have any of your associates in the psychiatric profession ever used polygraph examinations for investigative purposes? MS. MARTIN: Objection, your Honor, to what his associates may or may not have used for investigative purposes. THE COURT: No, I will allow that question. Overruled. A. Yes, they have. Q. Doctor, how are these polygraph examinations used? A. Well, I have used mine primarily when an individual was denying certain things. When I felt or knew certain things to be true, in order to get them to begin working on certain problems, I used it. Sex cases, rape cases, or incest cases are a difficult thing to admit. If I could get them to admit to me the act, we could then begin some kind of rehabilitation program, treatment or therapy. A polygraph test is very difficult to fool. Q. Would you attempt to reevaluate your own diagnosis as to the problem, if a person was successful in passing the polygraph exam? A. Yes, I would. Q. If you elicit a test result from the polygraph that is inconsistent with every other sign that a person is lying, would you consider the result of that test valid in every way? A. Probably not. If everything I had available, the psychiatric examination and all the other materials, made me think one thing, but then the polygraph made me think another, I would probably go more with the clinical opinion. The clinical impression would be more valid to me than the polygraph. THE COURT: Have you ever used the technique of hypnosis in your evaluations? THE WITNESS: Sometimes, yes. THE COURT: Have you ever used the technique of sodium pentothal? THE WITNESS: Sodium amytal, I have used it on several occasions. THE COURT: When is a polygraph exam recommended and the other techniques not? A. Well, hypnosis and sodium amytal are not really used to determine truth. Hypnosis is useless as far as that is concerned. It is used to recall or help a person find lost or suppressed memories, such as periods of amnesia and blackout. Perhaps some of the data which it produces is true. BY MR. PETERS: Q. You indicated that there are two basic types of amnesia. There is one which is caused by a psychological trauma. The other type of amnesia is caused by a physical trauma, is that correct? A. Well, there are more than just those two. Q. Would a polygraph exam be particularly useful in a situation where you are trying to verify a case of amnesia due to physiological trauma? A. It could be useful to verify whether the amnesia was genuine, malingered or faked. THE COURT: What other methods can be used to determine whether or not a person is faking amnesia? THE WITNESS: Well, they can also be hypnotized. They could also be given drugs. Sodium amytal or other stimulants are useful, but again, that, too, can be faked. An individual under the influence of most drugs can still say "I don't recall" when they really do. Or they can make up some other falsehood, so the results of a hypnosis situation or a sodium amytal situation are really no more valid than what the individual has said at any other time. Q. Do you take at face value what a person says to you? A. No, not as a general rule. In legal cases, I am skeptical to begin with. I approach each case differently and with a certain amount of caution. Q. Do you look for particular signs as to the way in which a person presents his story to you, the way he is telling it to you? A. Yes. Q. What do you look for? A. Basically, I look for eye contact and body language. They have certain signs, such as frequent dry mouth, licking of the lips. Frequent restlessness and moving in the chair can be signs that they are not telling you the truth. You can't look at somebody and find out their pulse or blood pressure, that is basically what a polygraph measures. An accurate reading takes into account the variations in pulse, blood pressure and respiration rate. Another indicator is that you also sweat more when you are telling a lie. Q. So to assess credibility, polygraph exams can be used by psychiatrists? A. I use them and the forensic psychiatrists use them. Q. On page 32 and 33 of the notes which you supplied to the District Attorney, you already recorded your diagnosis of Mr. Masters, is that correct? A. Yes, on page 32 of my initial interview on April 14th I recorded my notes. At the time of the interview, at the conclusion of it, I wrote down my opinion as to what his mental condition was at the time of the offense. Q. And what was that? A. I wrote, "Compression amnesia, genuine and probably unconscious." This was prior to any polygraph tests having been conducted.