1                     P R O C E E D I N G S

 2                        March 10, 1995

 3               MR. DANIELS:  Your Honor, before we rest I 

 4    just want to do a slight bit of housekeeping and make 

 5    sure we got all of the exhibits formally moved in.  As I 

 6    understood there was an objection to Dr. Honts' vitae, 

 7    which is Exhibit M and we'll reserve that for when we 

 8    call him but I believe all the other exhibits were 

 9    either moved and if they weren't, we formally move them 

10    in at this point.

11               THE COURT:  Does the Government have any 

12    objections to any of the other exhibits other than 

13    Exhibit M?

14               MS. HIGGINS:  No, Your Honor.

15               THE COURT:  Then they shall all be admitted.

16               MR. DANIELS:  With that we rest our 

17    presentation in chief on the Daubert issues, Your Honor. 

18               THE COURT:  Ms. Higgins, you may proceed. 

19               MS. HIGGINS:  Your Honor, as a preliminary 

20    matter I called James Murphy this morning and he would 

21    be available this morning at eleven o'clock our time and 

22    one o'clock his time for a telephone conference.  I 

23    didn't know quite how the Court wanted to handle this.  

24    I didn't know if the Court wanted to handle this while 

25    we're doing all of the rest of this, whether the Court 

                       BETTY J. LANPHERE                     


 1    wanted to wait until we were done and schedule a 

 2    teleconference with Mr. Murphy at another time and so 

 3    not knowing I just called to see if he would be 

 4    available today.

 5               THE COURT:  What I was anticipating is not a 

 6    telephone conference but actually taking testimony and 

 7    we would have him sworn over the phone and counsel would 

 8    be permitted to cross­examine him.  I would like to 

 9    arrange the next best thing to have him cross­examine 

10    his testimony.

11               MS. HIGGINS:  All right.  I have no objection 

12    to that, and I don't know if Mr. Murphy will.  I suppose 

13    if he does that can be taken up then.  I only mention 

14    this as a scheduling thing that he will be available at 

15    eleven o'clock this morning if the Court wants to break 

16    at that point to try to do something with him at that  

17    point.  We can also do it at another time.  I know the 

18    Court has another hearing scheduled this afternoon at 

19    two o'clock and since I wasn't quite sure how the Court 

20    wanted to handle it, I thought we could at least 

21    preliminarily set this up.

22               MR. DANIELS:  Your Honor, we would have no 

23    objection to examining him over the phone as the Court 

24    suggested.  We don't think that demeanor evidence is 

25    that important in this case.  With regard to scheduling 

                       BETTY J. LANPHERE                     


 1    if it is going to be done at a later date, we hope it 

 2    would be done very soon because we are hopeful of an 

 3    early ruling for the benefit of all parties so we know 

 4    which witnesses we have to schedule in and which not to.  

 5    If it turns out that we need to schedule him some time 

 6    next week or whatever, that's fine with us.  

 7               THE COURT:  Okay.  The only problem I see 

 8    with doing it this morning at eleven o'clock is it's 

 9    going to cut into the time that you indicated you needed 

10    to finish this hearing.  I think Judy talked to you 

11    about our schedule yesterday.  We can go until about 

12    1:20.  I have to be in another meeting at 1:30 here in 

13    town.

14               MR. DANIELS:  I think that's going to be a 

15    problem.  I have looked for ways to cut down our 

16    examination and I think I can cut it down substantially 

17    from what I advised the Court, but it is still going to 

18    be a time crunch with the witnesses we do have.  

19               MS. HIGGINS:  Your Honor, another reason I 

20    had asked him to be available today is that the end of 

21    yesterday Mr. Daniels asked me if Mr. Murphy was going 

22    to be available yesterday by telephone.  And so I took 

23    from that that perhaps Mr. Daniels wanted to try and do 

24    this within the actual hearing, but we can certainly 

25    reschedule this for another time.

                       BETTY J. LANPHERE                     


 1               MR. DANIELS:  Well, I'll consider part of the 

 2    actual hearing whenever we examine him.  

 3               MS. HIGGINS:  Sure.

 4               THE COURT:  Why don't we do this, if by some 

 5    miracle it looks like we're going to end in time to do 

 6    Mr. Murphy's testimony at 11:00, we'll do that.  Why 

 7    don't we talk after we have concluded with the evidence 

 8    today and set a time and we'll give this priority so we 

 9    can give you a ruling immediately after Mr. Murphy's 

10    testimony.

11               MS. HIGGINS:  Thank you.  Your Honor, the 

12    Government calls Lawrence Farwell.  

13                       LAWRENCE FARWELL

14               the witness herein, having been sworn to 

15    testify the truth, testified as follows:

16               THE WITNESS:  May I ask two questions before 

17    we begin?

18               THE COURT:  Sure.

19               THE WITNESS:  First of all I am not familiar 

20    with courtroom procedures, and I hope you'll forgive me 

21    if sometimes I don't do or say what is required and 

22    secondly with your permission I would like respectfully 

23    to ask that I be allowed a break once an hour.  I need 

24    that for health reasons.

25               THE COURT:  Okay.

                       BETTY J. LANPHERE                     


 1               THE WITNESS:  Thank you.

 2               THE COURT:  What you need to do is just tell 

 3    me when you need a break because what we're going to try 

 4    to do this morning is try to get as much evidence as we 

 5    can.  Let me know and I will be happy to oblige.  

 6               THE WITNESS:  Thank you, Your Honor.  

 7                      DIRECT EXAMINATION


 9         Q     Sir, what is your name, please.

10         A     Lawrence Ashley Farwell.  L­a­w­r­e­n­c­e, 

11    Ashley and then F­a­r­w­e­l­l.

12         Q     How are you presently employed?

13         A     I am the director and chief scientist of the 

14    Human Brain Research Laboratory which is a small 

15    scientific phychophysiology research laboratory located 

16    in Fairfield, Iowa, and we also have an office in 

17    Washington, D.C., and I'm also research associate on the 

18    faculty of the Harvard Medical School.

19         Q      Dr. Farwell, could you please describe your 

20    educational background giving the years you received 

21    your degrees and what your degrees are in?

22         A     Yes, I received a BA from Harvard University 

23    in 1973 in psychology and social relations with a 

24    specialization even as an undergraduate in 

25    psychophysiology.  I received an MA from the University 

                       BETTY J. LANPHERE                     


 1    of Illinois and a Ph.D. from the University of Illinois.  

 2    The Ph.D. was '92 and I believe the MA was in 1988.  

 3    That was in biological psychology again with a 

 4    specialization in phychophysiology.

 5         Q     Where did you receive your degrees?

 6         A     Harvard University was a BA and University of 

 7    Illinois was the MA and Ph.D.

 8         Q      I may not have heard you, but did you talk 

 9    about receiving your doctorate also from the University 

10    of Illinois?

11         A     Yes, I said Ph.D., doctorate, yes.

12         Q     Thank you.  Now, in obtaining the degrees did 

13    you specialize in any particular areas of psychology?

14         A     Yes.  Well, actually there are two ways, two 

15    channels in the academic world to which one can come to 

16    psychophysiology.  One is psychology and then a 

17    specialization in specifically psychophysiology.  For 

18    example, you may have a clinical psychologist who 

19    specializes in psychophysiology and then does 

20    psychotherapy and other things.  

21               In my case I specialized in neuroscience, in 

22    biological psychology which is perhaps more closely 

23    affiliated with biology and then with psychology and 

24    specifically within biological psychology.  I specialize 

25    in psychophysiology.  

                       BETTY J. LANPHERE                     


 1               Psychophysiology involves measurement of 

 2    physiological parameters with the purpose of making 

 3    scientific inferences about subjective or psychological 

 4    processes, either cognitive, emotional or other kinds of 

 5    psychological processes.

 6         Q     With respect to human physiology, did you 

 7    have anything in your education pertaining to the 

 8    autonomic nervous system?  Did you learn anything about 

 9    that?

10         A     Yes, I did.  Well, first of all I am a 

11    neuroscientist by profession.  The autonomic nervous 

12    system is a part of the whole nervous system.  And it is 

13    intimately connected to the central nervous system where 

14    my primary focus and the focus of most neuroscientists 

15    has been.  But, for example, the fight or flight 

16    response that is commonly very often studied by people 

17    who studied the autonomic nervous system originates in 

18    the central nervous system.  

19               I mean the hypothalamus, for example, is very 

20    much involved with the ­­ the pituitary is involved with 

21    the reticular activating system.  Those are parts of the 

22    central nervous system.  So it's a little ­­ it is 

23    almost a spurious distinction to say well, there's the 

24    autonomic nervous system and then there's the central 

25    nervous system and there are two different realms.  

                       BETTY J. LANPHERE                     


 1               However, I did study extensively the 

 2    autonomic nervous system.  I took courses in 

 3    psychophysiology.  I taught both biological psychology 

 4    and psychophysiology.  I taught ­­ I taught students at 

 5    the college level about the autonomic nervous system.  I 

 6    taught about the fight or flight response.  

 7               And I remember, for example, one lecture that 

 8    I gave to undergraduates where we staged ­­ I happen to 

 9    be a black belt in Kung Fu ­­ we staged a Kung Fu fight 

10    at the front of the lecture hall to illustrate what 

11    happens with a fight or flight response.  So it's 

12    something with which one must be intimately familiar to 

13    obtain the degree that I've obtained.  And, also, I am 

14    more familiar than most people because I have taught it 

15    as well as learned it.

16         Q     Now, while a graduate student did you 

17    collaborate on any publications?  Were you involved in 

18    any studies or research that resulted in publication 

19    while you were a graduate student?

20         A     Yes, many.  Many of those publications were 

21    begun while I was still a graduate student.  Another 

22    point I should make with respect to grad student versus 

23    postgraduate is that I left the University of Illinois 

24    and began working as a consultant in psychophysiology 

25    and specifically forensic application in 

                       BETTY J. LANPHERE                     


 1    psychophysiology with the Central Intelligence Agency 

 2    two years before I received my Ph.D.  

 3               So there is a little bit of a smearing there 

 4    between before and after getting my Ph.D.  Yes, I did 

 5    but in answer to your question, yes, I have collaborated 

 6    on a number of studies.

 7         Q     In fact, from 1990 to 1993 while you were a 

 8    graduate student, I believe ­­

 9         A     Some of the time.

10         Q     Some of the time, would you please explain 

11    what your relationship was with the CIA and what you did 

12    for them?

13         A     Yes, I invented a system for matching 

14    evidence from a crime scene or elsewhere with evidence 

15    that is stored in the brain, in the memory stores of the 

16    brain, by measuring brain responses.  So they hired me 

17    first as a consultant and later as a contractor.  And as 

18    a contractor I hired several other people, four or five 

19    or six other people, working in my laboratory to study 

20    specifically forensic applications of psychophysiology. 

21               In particular this brain fingerprinting 

22    technique which I invented and patented which involves 

23    detecting information in the brain, matching information 

24    stored in the brain with information that may be from a 

25    crime scene.  And this has obvious forensic 

                       BETTY J. LANPHERE                     


 1    applications.  That was my primary function with the 

 2    CIA.  

 3               I also served as a consultant both to the 

 4    Office of Security in which case the people I talked to 

 5    were primarily polygraphers and also the Office of OSR, 

 6    Office of Scientific Research, in which case there were 

 7    other kinds of scientists.  And again I was consulting 

 8    on psychophysiology and forensic application thereof.

 9         Q     All right.  And your position as a research 

10    associate at Harvard, what exactly is that and what are 

11    you doing with that?

12         A     What I am doing there is I am studying with 

13    my colleagues, primarily Dr. Roger Pitman, 

14    post­traumatic stress disorder which is an 

15    overactivation of the sympathetic branch of the 

16    autonomic nervous system.  In fact, post­traumatic 

17    stress disorder comes from the same fight or flight 

18    response that you measure during polygraphy.  By 

19    polygraphy I mean the forensic polygraphy, the kind that 

20    polygraphers do.  

21               And we make measurements not only of the 

22    brain waves involved but also of other autonomic 

23    measures such as cardiovascular activity, muscle tension 

24    and so on.  We measure those things simultaneously which 

25    again points out that the central nervous system is 

                       BETTY J. LANPHERE                     


 1    well­integrated with the autonomic nervous system.  But 

 2    our research there involves both making autonomic 

 3    measurements and making brain wave measurements in 

 4    post­traumatic stress disorder or shell shock as it used 

 5    to be commonly called, which is activation ­­ 

 6    overactivation or caused largely by an overactivation of 

 7    the sympathetic nervous system which is a branch of the 

 8    autonomic nervous system.  The one that causes the fight 

 9    or flight response.  

10               Dr. Pitman, has, in fact, testified in court 

11    about this research.  This was research of his that was 

12    conducted prior to the time that I began collaborating 

13    with him on post­traumatic stress disorder and its 

14    psychophysiological measurements.

15         Q     After receiving your doctorate, have you done 

16    any research and published any of your research in any 

17    peer review journals?  

18         A     Yes, I publish quite a lot on peer review 

19    journals.  In addition to the study, the brain 

20    fingerprinting or it is also called multifauceted 

21    electroencephalographic response analysis system that I 

22    developed.  That was published ­­ first of all, let me 

23    talk about that.  That was published in Psychophysiology 

24    which as we heard yesterday is the premier journal in my 

25    field, peer review journal.  

                       BETTY J. LANPHERE                     


 1               And an additional publication that I had in 

 2    Electroencephalography and Clinical Neurophysiology 

 3    which is another very prestigious journal in my field 

 4    which specializes in brain waves was a system that I 

 5    developed to communicate from a computer to a brain.  

 6               If a person is paralyzed, they may still be 

 7    able to think and still have brain responses that can be 

 8    measured so what happens is we detect the brain 

 9    responses to their choices, mental choices of options 

10    that we flash on a screen.  They are able to communicate 

11    their intentions that way.  And from that we can connect 

12    their mental and then brain activity to a computer to a 

13    speech synthesizer and somebody can talk basically 

14    without using their motor systems or their mouth at all.  

15    We published a study on that in Electroencephalography 

16    and Clinical Neurophysiology.  

17               I published another study in 

18    Psychophysiology, the same journal that we mentioned a 

19    little earlier on digital filtering, which is a ­­ it's 

20    a technical paper on data analysis procedures.  I have 

21    also published in Physical UE, which is a leading 

22    physics journal.  This was an article, again, a 

23    technical article on mathematical analysis of various 

24    kinds of signals that can be biological signals but this 

25    was a technical mathematical article.

                       BETTY J. LANPHERE                     


 1         Q     Do you belong to any professional 

 2    organizations?

 3         A     Society for Psychophysiological Research. 

 4         Q     Have you ever made any addresses or presented 

 5    any papers at that organization?

 6         A     Yes.  They are in my vitae.  I can't count 

 7    off the top of my head, but I have spoken just about 

 8    every year.  I speak at the SPR, Society for 

 9    Psychophysiological Research, annual meeting.  

10         Q     Have you, yourself, been involved in any of 

11    the editing process for any peer review journals?

12         A     Yes, several.  Psychophysiology is one.  In 

13    the last few weeks I have edited ­­ I served as a 

14    consulting editor on two papers in Psychophysiology.  

15    Also, Electroencephalography and Clinical 

16    Neurophysiology, the other journal that I mentioned.  

17    Yes, I did that frequently.  And for those who may not 

18    know what a consulting editor does is implement the peer 

19    review process.  

20               When you say peer review it means it gets 

21    sent out to peers and a peer is another scientist who 

22    reads it or several other scientists read it and they 

23    make comments and they recommend that it be accepted or 

24    rejected.  The author will then make changes as 

25    necessary and they review it again and so on.

                       BETTY J. LANPHERE                     


 1         Q     Have you done any work with computers 

 2    relative to your research?

 3         A     Yes.  I wrote the original computer programs 

 4    both for data acquisition and data analysis of 

 5    physiological responses of brain responses.  And I have 

 6    worked extensively with computers in the analysis of 

 7    biological signals and in acquisition of biological 

 8    signals.

 9         Q     Now, with respect specifically to forensic 

10    polygraphs, what we have been talking about in the 

11    courtroom so far ­­

12         A     Yes. 

13         Q     ­­ are you licensed or trained to administer 

14    such examinations?

15         A     No, I am not.

16         Q     Have you received any kind of training or 

17    education in general about forensic polygraph 

18    examinations?  Specifically the control question 

19    techniques or the directed lie techniques?

20         A     Well, first of all when you say training and 

21    education and then you mention the word "polygraph" I 

22    would like to point out as my friend and colleague, Dr. 

23    Raskin, did yesterday that the word "polygraph" to the 

24    general public is often associated with a quote, 

25    unquote, "lie detector machine" that is used in forensic 

                       BETTY J. LANPHERE                     


 1    polygraphy.  

 2               Now, the instrument itself is a scientific 

 3    instrument which can be used in that way and can be used 

 4    in other ways.  So throughout my training as a 

 5    psychophysiologist I needed to know about the science 

 6    involved in forensic polygraphy.  I have not been 

 7    trained as a polygraph operator specifically.  I have 

 8    experience in polygraphy.  I have both observed and 

 9    taken polygraph tests, for example, at the CIA.  

10               So I am familiar with that to that extent, 

11    but as far as being trained as an operator, that is not 

12    my field.  I am a scientist and not a polygraph 

13    operator.  

14         Q     All right.  Now, in working with the CIA, did 

15    any of your work involve physiological phenomenons that 

16    had to do only with the autonomic nervous system?

17         A     Exclusively with the autonomic nervous 

18    system?

19         Q     Exclusively.

20         A     I don't think there are any physiological 

21    phenomenon that have to do exclusively with the 

22    autonomic nervous system.

23         Q     Would it be fair to say then that in working 

24    with the CIA and just for a moment could you please 

25    clarify what your relationship was?  Were you on 

                       BETTY J. LANPHERE                     


 1    contract?  Did you have a grant?  How did you get there?

 2         A     Initially, I was a consultant.  I was a 

 3    full­time consultant on a personal services contract for 

 4    the CIA.  This was in 1990 for one year.  Then the 

 5    following two years I was on contract through Human 

 6    Brain Research Laboratory which is my laboratory with 

 7    the CIA.  It was a standard research contract which they 

 8    paid me to do specific studies.  

 9               I did three studies there under that contract 

10    on this brain fingerprinting technique.  This matching 

11    evidence at the crime scene or elsewhere with evidence 

12    stored in the brain.  One of these studies was also a 

13    collaboration with the U.S. Navy with a Dr. Rene 

14    Hernandez.  Did I answer the question?

15         Q     Yes, thank you.  And the question that I was 

16    asking before that was in working with the CIA did any 

17    of your work for them or with them have anything to do 

18    with forensic polygraph examinations specifically or in 

19    a more general sense and, if so, please describe.

20         A     Okay.  As I mentioned I was a consultant on 

21    psychophysiology for the polygraphers in the OS as well 

22    as for the other scientists in the OSR.  So if you're 

23    going to study ­­ let's see, if you're going to bring in 

24    an expert on dirt, this is not meant to be disrespectful 

25    of my friends and colleagues in the polygraph community, 

                       BETTY J. LANPHERE                     


 1    if you're going to bring an expert on dirt, you are 

 2    going to bring in a Ph.D. in soil and science.  

 3               There are such things.  You don't necessarily 

 4    bring in somebody who digs ditches or is a farmer.  And 

 5    similarly I was a consultant on psychophysiology and 

 6    some of my clients on the CIA were polygraphers but I 

 7    wasn't a consultant on how to run the polygraph charts 

 8    because that is not my field of expertise.

 9         Q     Have you reviewed the literature or at least 

10    some of the literature in the field having to do with 

11    forensic polygraph exams?

12         A     Yes, I have.

13         Q     Specifically have you reviewed literature 

14    having to do with accuracy studies?

15         A     Yes, I have.  As part of writing my 

16    dissertation ­­ my dissertation was on this brain 

17    fingerprinting technique, this technique that I 

18    developed using brain responses in forensic 

19    applications.  In order to even write my Ph.D. I had to 

20    be reasonably conversant with the literature on other 

21    forensic applications cases such as forensic polygraphy.

22         Q     And based on your background and training are 

23    you familiar with what the scientific theories or 

24    principles are that underlie the use of the polygraph 

25    machine and the questions used in a polygraph exam?

                       BETTY J. LANPHERE                     


 1         A     Well, once again that is my field of 

 2    scientific expertise.  I am a neuroscientist.  Dr. 

 3    Raskin spoke in terms of days in training that people 

 4    had to go through to become polygraphers.  In my case my 

 5    training in that specific, psychophysiology, was 

 6    measured in years.  In fact, there were eight of them 

 7    after I spent another four at Harvard.  So, yes, that is 

 8    what I do.  

 9               I am a psychophysiologist.  I am very 

10    familiar with the scientific principles involved not 

11    only in polygraphy which is a very narrow application 

12    but throughout psychophysiology.

13               MS. HIGGINS:  Your Honor, I think at this 

14    time I would like to offer Dr. Farwell as an expert 

15    witness in the area of psychophysiology.

16               MR. DANIELS:  We are ready to voir dire, Your 

17    Honor, on qualifications.  

18                     VOIR DIRE EXAMINATION


20         Q     Dr. Farwell, how many times have you been 

21    found qualified by any court in the world as an expert 

22    witness to testify on the scientific validity of 

23    polygraph tests?

24         A     I believe it's on the record from earlier 

25    that this is my first time I have testified in court.

                       BETTY J. LANPHERE                     


 1         Q     You have not been qualified as an expert on 

 2    any subject in any court in the world?

 3         A     That's correct.

 4         Q     You have not testified on the brain 

 5    fingerprinting, your theory that you are making your 

 6    living from now before any court?

 7               MS. HIGGINS:  Your Honor, objection.  Asked 

 8    and answered.  

 9               MR. DANIELS:  I will move on, Your Honor. 


11         Q     Dr. Farwell, how many scientific experiments 

12    ­­ let's just start with the lab studies.  How many lab 

13    studies on the forensic use of the polygraph have you 

14    conducted?

15         A     Are we speaking here ­­ first, let me make 

16    sure I understand the question.  Dr. Raskin yesterday 

17    spoke about the polygraph as being an instrument for 

18    measuring multiple physiological parameters.  Now, that 

19    is what I do.  All of the studies that I have published 

20    that involved scientific research rather than technical 

21    mathematical studies were about that process.  And that 

22    is the original denotation of the word "polygraph." 

23               Now, if what you're speaking of is the 

24    specific application in lie detection of the polygraph 

25    machine, as I mentioned that is not the field in which I 

                       BETTY J. LANPHERE                     


 1    have done research and that is not ­­ that is not what I 

 2    have published on.  That is a small subset of the field 

 3    in which I am an expert.

 4         Q     The use of the polygraph in general is an 

 5    accepted scientific technique in the field of 

 6    psychophysiology?

 7         A     The use of the polygraph in general in which 

 8    I am an expert is ­­ we might render a problem here in 

 9    the meaning of the word "polygraph."  The use of the 

10    polygraph in general in which I am an expert is 

11    definitely ­­ that's the major thing that is done in 

12    phychophysiology.

13         Q     Is it a device that accurately measures the 

14    responses of the autonomic nervous system?

15         A     The short answer to that question is yes.  We 

16    could debate the small esoterica of how well the blood 

17    pressure cuff actually measures blood pressure when it 

18    is being done continuously and whether it is really 

19    blood pressure that is measured and so on.  There are 

20    other nits that could be picked.  But in general I think 

21    we can accept, yes, the polygraph does measure ­­ it 

22    purports to measure accurately.

23         Q     It is based on underlying scientific 

24    principles?

25         A     The techniques that are employed, many of 

                       BETTY J. LANPHERE                     


 1    them are not, but the scientific instrument itself is 

 2    certainly based on scientific principles.

 3         Q     When you say techniques that are employed, 

 4    you're talking about the specific use of the polygraph 

 5    for lie detection, aren't you?

 6         A     Correct.

 7         Q     Were you advised when you were asked to 

 8    testify here that this hearing was about the 

 9    admissibility of results of polygraph tests used for 

10    detection of deception?  That that was the purpose of 

11    this hearing?

12         A     I don't remember the words in which they were 

13    conveyed to me.

14         Q     Is there a better set of words I can use?  I 

15    am trying to get to the point of lie detection by use of 

16    the underlying use of the polygraph.

17         A     My point is and that would be the point of my 

18    testimony that ­­ and I think that my colleagues here 

19    will agree with me ­­ there is not a specific response 

20    that indexes a lie.  So what I have to testify about is 

21    the science involved, what is being measured by a 

22    polygraph and what does this indicate about what is 

23    going on in the nervous system and the mind and emotions 

24    of the individual who is attached to that polygraph.  

25    That's what I am an expert in.

                       BETTY J. LANPHERE                     


 1         Q     You sat through the hearing yesterday, didn't 

 2    you?

 3         A     Yes, I did.

 4         Q     Listened to the testimony?

 5         A     Yes, I did.

 6         Q     You understand that we're talking here about 

 7    the validity of the use of the polygraph science for 

 8    purposes of lie detection by the control question 

 9    technique?  You understood that, didn't you?

10         A     Yes, I understood eight hours of that 

11    yesterday.

12         Q     All right.  When I talk about forensic 

13    polygraphs, would that be sufficient to focus us on the 

14    use of the polygraph for lie detection or is there some 

15    other form of words that will be satisfactory to you 

16    that I can use and we'll move on to it?  Any word you 

17    choose.

18         A     Thank you.

19         Q     Dirt?  I'll use dirt.  Is there a word I can 

20    use?

21         A     Forensic polygraphy is fine, thank you.

22         Q     All right.  How many laboratory tests have 

23    you conducted in forensic polygraphy?

24         A     First of all the answer to that is none, but 

25    the point that I am not quite agreeing with you on, sir, 

                       BETTY J. LANPHERE                     


 1    is that what this is about is forensic polygraphy.  I 

 2    think I mean it is forensic because we are here in a 

 3    courtroom, but what this is about are the scientific 

 4    principles involved in the measurement of 

 5    psychophysiological parameters and that's what I am an 

 6    expert in.

 7         Q     How many tests, laboratory tests have you 

 8    conducted using the control question technique on a 

 9    polygraph exam for detection of deception?

10         A     I wouldn't conduct a laboratory test on it 

11    because I think it's a highly unscientific technique.

12         Q     Before you conduct the test, you've already 

13    concluded that; is that correct?

14         A     I concluded that based on my knowledge of the 

15    field and my knowledge of the literature.

16         Q     Is your answer that you have conducted no 

17    tests of that kind?

18         A     That's correct.

19         Q     Have you observed any laboratory tests of 

20    that kind?  

21         A     The reason I am hesitating here is because I 

22    have observed use of the polygraph in real life 

23    situations by the CIA and also in non­real life 

24    situations by the CIA.  But I am hesitating whether I 

25    call that a laboratory experiment or a demonstration or 

                       BETTY J. LANPHERE                     


 1    something of that nature.

 2         Q     You believe yourself to be a scientist, don't 

 3    you?

 4         A     Of course.  

 5         Q     You understand the meaning of laboratory 

 6    tests in the field of science, don't you?

 7         A     All right.  I understand the meaning of the 

 8    word "laboratory test."  If you want to call it a 

 9    laboratory test when a CIA polygrapher conducts a 

10    polygraph exam for the purpose of observation, then I 

11    have observed that.  If you want to say no that's not a 

12    laboratory test ­­ 

13         Q     What do you call a laboratory test as a 

14    scientist?  A field application?

15               MS. HIGGINS:  Objection, Your Honor.  I think 

16    that mischaracterizes what the witness has said.  I 

17    think he has made a distinction between actual real life 

18    tests and tests that he has classified as 

19    demonstrations.


21         Q     Will you consider that test that you observed 

22    a laboratory test in the scientific sense, honestly?

23         A     Well, I am being honest here, sir.  No, I 

24    would not.

25         Q     All right.  And laboratory tests are a common 

                       BETTY J. LANPHERE                     


 1    method of testing scientific hypotheses; is that 

 2    correct?

 3         A     That's correct.

 4         Q     Where you set up a controlled situation where 

 5    you know ground truth; is that correct?

 6         A     That's correct.  

 7         Q     You take a scientific principle and a 

 8    hypothesis and see if the hypothesis works in a given 

 9    laboratory setting; is that correct?

10         A     Yeah, I think that is reasonably accurate.

11         Q     That's the scientific method?

12         A     That is one way of characterizing a 

13    scientific method.

14         Q     Dr. Farwell, how many field studies of the 

15    use of the polygraph examination for forensic purposes 

16    have you conducted?

17         A     None.

18         Q     How many have you participated in?

19         A     You mean studies?  Not just field 

20    applications ­­

21         Q     Going out in the field with a primary 

22    researcher and standing there and watching the work be 

23    done?

24         A     But you're talking about a field study, 

25    you're not talking about a field application?

                       BETTY J. LANPHERE                     


 1         Q     Field study as opposed to watching somebody 

 2    do a polygraph exam?

 3         A     Field studies, I have not participated in.

 4         Q     You said you ­­ how many polygraph exams have 

 5    you even seen administered?

 6         A     Let's say less than five.

 7         Q     Less than five.  If I were to ask you to 

 8    interpret these charts here in this case, will you feel 

 9    comfortable in coming down and interpreting what these 

10    charts have to say?  Do I need to get you down there?

11         A     No.

12         Q     How many ­­ 

13               THE COURT:  Excuse me.  Did you answer that 

14    question, sir, about whether you could interpret the 

15    results of that polygraph?  

16               THE WITNESS:  He asked me if I would feel 

17    comfortable, that's a different question.  And as a 

18    psychophysiologist I know what the lines mean and I 

19    could tell you a tremendous amount of what they mean 

20    from a scientific perspective.  That is a particular 

21    chart which is done in a particular method in which I am 

22    not an expert for specific forensic use.  

23               And so if the point is to get me down there 

24    and ask me a bunch of questions about the way 

25    polygraphers traditionally view their charts, I would 

                       BETTY J. LANPHERE                     


 1    have to say, no, I wouldn't be comfortable in doing 

 2    that.  As far as understanding the science involved, I 

 3    am quite comfortable.


 5         Q      Well, for example, in understanding the 

 6    science could tell us which lines indicate which 

 7    physiological responses; is that correct?  Or could you 

 8    even do that?

 9         A     Sure.

10         Q     But you couldn't tell us the significance for 

11    the purpose of lie detection of the reactions and the 

12    comparisons of the reactions, could you?

13         A     Are we talking about this specific chart?

14         Q     This chart.  If I were to ask you down here 

15    show me what the significance of this control question 

16    reaction is as compared to a relevant question, could 

17    you get down there and analyze that chart?

18         A     All right.  There are ­­ you could mean one 

19    of two different things by this.  If you mean do I 

20    understand the psychophysiological scientific principles 

21    that are involved in the analysis of human responses and 

22    would I be able to speak intelligently and knowledgeably 

23    and professionally about the physiological measurements 

24    that were being made and the scientific significance of 

25    those, the answer is yes.  If you mean can I interpret a 

                       BETTY J. LANPHERE                     


 1    polygraph chart in the way that polygraph examiners do, 

 2    the answer is no.

 3         Q     You could come down here and analyze these 

 4    tracings and tell us whether this is a truthful or 

 5    deceptive polygraph chart?

 6         A     I couldn't do that but on the other hand, Dr. 

 7    Raskin says it is truthful.  Dr. Barland, one of other 

 8    world's leading authority, says it is inconclusive.  And 

 9    Jim Murphy, the head polygrapher for the FBI, says it is 

10    deceptive so I'm not sure anybody else could do that 

11    either.

12         Q     Have you talked to Jim Murphy about this?

13         A     Excuse me, that was hearsay.

14         Q     Have you talked to him about it?

15         A     About this polygraph?

16         Q     Yes.

17         A     I've only read the letter that he sent.

18         Q     Are you aware that he did not score the whole 

19    chart?

20         A     Yes, I am.

21         Q     Are you aware he didn't do any numerical 

22    scoring on it?

23         A     I only know the contents of his letter.

24         Q     How many peer reviewed articles have you 

25    written on any forensic polygraph issue that has been 

                       BETTY J. LANPHERE                     


 1    received for publication?

 2         A     None.

 3         Q     How many ­­ you talked earlier about having 

 4    done some peer review and editing of other people's 

 5    articles.  How many articles on forensic polygraph tests 

 6    of the kind we're talking about here have you personally 

 7    peer reviewed in that work?

 8         A     None.

 9         Q     You have never conducted a polygraph exam?

10         A     It's on the record.

11         Q     You have never been found qualified or 

12    licensed as a polygrapher by any jurisdiction in the 

13    world?

14         A     It's on the record.

15         Q     You talking about teaching courses.  Have you 

16    ever taught a single course in forensic polygraphy?

17         A     I have never been affiliated with an academic 

18    institution, Harvard or University of Illinois that 

19    teaches such courses.

20         Q     And you have never taken such a course?

21         A     Again, I have never been affiliated with an 

22    academic institution either Harvard or the University of 

23    Illinois that provides those courses.  No, I haven't.

24         Q     Are those the only ­­ you have never taught 

25    at Harvard, have you?

                       BETTY J. LANPHERE                     


 1         A     No, I have not.

 2         Q     Your teaching was at the University of 

 3    Illinois as part of your graduate work?

 4         A     That's correct.

 5         Q     It was not in polygraphy?

 6         A     That is correct.

 7         Q     Have you taught at the university in the 

 8    place you're located, Fairfield?

 9         A     No, I haven't.

10         Q     Did you have any ­­ 

11         A     I'm sorry.  I'm sorry, I misspoke.  While I 

12    was still a graduate student, I spent one month teaching 

13    a course at Maharishi International University ­­

14         Q     Maharishi?

15         A     Yes, International University which is 

16    located in Fairfield, Iowa.  Your next question was am I 

17    affiliated with that university, no, I am not.

18         Q     What is the Maharishi International 

19    University?

20         A     It's a small private university in Fairfield, 

21    Iowa, which is ­­ which specializes in what is called 

22    the science of creative intelligence.  It specializes in 

23    studies that have to do with human consciousness 

24    primarily.

25         Q     This doesn't have anything to do with the 

                       BETTY J. LANPHERE                     


 1    guru that the Beatles used to hang around with, does it?

 2         A     It does indeed.  It was founded by Maharishi 

 3    Marishel [sic] at the University of Illinois and that's 

 4    where it got its name from.

 5         Q     And you didn't teach the people at the 

 6    Maharishi University anything about forensic polygraphy, 

 7    did you?

 8         A     No, I did not.  

 9         Q     What was the subject matter of what you 

10    taught there?

11         A     I taught psychophysiology.  It was a 

12    one­month ­­ it was an invited guest faculty course for 

13    one month in psychophysiology.

14         Q     This have something to do with transcendental 

15    meditation?

16         A     My course didn't but the university does.  I 

17    mean the people there typically practice transcendental 

18    meditation as do I personally.

19         Q     You're not a member of any professional 

20    association of forensic polygraphers, are you?

21         A     No.

22         Q     Are you telling us that you do not see any 

23    distinction between the cognitive branch and the 

24    autonomic branch of psychophysiology?  You're saying 

25    there is no distinction at all there?

                       BETTY J. LANPHERE                     


 1         A     Well, you have named two things.  If you're 

 2    going to name those two things and say there is a 

 3    cognitive branch and there is a psychophysiology branch 

 4    ­­

 5         Q     I said autonomic branch within the field of 

 6    psychophysiology.

 7         A     I'm sorry, I misspoke.  If you're going to 

 8    say well there is a cognitive branch and there is an 

 9    autonomic branch and you define those two things, then I 

10    would have to say that they would be different.  I look 

11    at psychophysiology as a very narrow subspecialty of 

12    either physiology or psychology.  

13               For example, I was in one of the largest 

14    graduate programs in psychophysiology in the country 

15    when I was a grad student and there were about five grad 

16    students in the entire psychophysiology field in that 

17    program.  So you could divide it into sub, sub, sub, 

18    subspecialties if you want and say there are people who 

19    study more cognitive and there are people who study more 

20    autonomic.  It is quite a fine hair split as far as I am 

21    concerned.

22         Q     My question is are there different branches 

23    of autonomic and cognitive in the field of 

24    psychophysiology?

25         A     Sure.  You can divide it down as far as you 

                       BETTY J. LANPHERE                     


 1    want.  There are people ­­ for example, I know people 

 2    who spend their careers studying a brain response called 

 3    an M­200 which takes place 2/10's of a second after the 

 4    stimulus.  And there is also other people who spend 

 5    their career studying an M­400 which takes place 4/10's 

 6    of a second after the stimulus.  You can say there is 

 7    the M­200 people and the M­400 people.  You can cut it 

 8    down as far as you want.  

 9               What I am saying is already to get to the 

10    field of psychophysiology, you've divided it quite 

11    narrowly.  And there aren't that many players in the 

12    world.  I mean most of the psychophysiologists belong ­­ 

13    virtually all of the good psychophysiologists belong to 

14    the Society for Psychophysiological Research and there 

15    are a few hundred members and people know who the 

16    players are.

17         Q     If there were a few hundred engineers in the 

18    world, would you recognize that electrical engineers are 

19    a separate branch from structural engineers?  

20         A     What I am saying is that there are many, many 

21    thousands.  I could go many, many thousands of 

22    structural engineers whereas here we are talking about a 

23    small subspecialty.  

24         Q     My question is isn't it fair to say there are 

25    separate branches regardless of the numbers involved of 

                       BETTY J. LANPHERE                     


 1    autonomic and cognitive within the field of 

 2    psychophysiology?  Isn't that fair to say?

 3         A     Yes, it is fair to say.

 4         Q     Your brain ­­ is it brain fingerprinting you 

 5    call it?

 6         A     Yes.

 7         Q     Your brain fingerprinting technique is 

 8    something that falls within the cognitive branch; is it 

 9    not?

10         A     Yes.

11         Q     And that's where you have done your primary 

12    professional work and study; isn't that true?

13         A     That's correct.

14         Q     Rather than the autonomic branch of 

15    psychophysiology?

16         A     That's correct.

17         Q     Now, control question polygraphs used for 

18    detection of deception are based on the working of the 

19    autonomic nervous system; isn't that correct?

20         A     Of course, that is correct.  I mean I am 

21    quite aware of the autonomic nervous system.  In fact, 

22    that is one of the things that my colleague, Dr. Pitman, 

23    and I are studying currently at Harvard.  And we measure 

24    incidentally ­­ we put electrodes on the head and we  

25    measure the brain responses.  We measure cardiovascular 

                       BETTY J. LANPHERE                     


 1    activity simultaneously.

 2         Q     But you did not test whether the polygraph 

 3    instrument can take those underlying scientific 

 4    principles and use them to detect deception in human 

 5    subjects, did you?

 6         A     No, I did not.

 7         Q     You mentioned your CIA grant.  This was on 

 8    your brain fingerprinting technique?

 9         A     Yes.

10         Q     How many courts have ever admitted a single 

11    one of your brain fingerprints with or without you as a 

12    witness?  Is it zero?

13         A     The answer is zero but let me qualify.

14         Q     A qualified zero?  I'm sorry, go ahead.

15         A     The point is that as you're well aware from 

16    this meaning and others it takes some time to get 

17    something established as admissible in court.  And it 

18    takes some effort and it takes some planning as people 

19    in this room can attest.  And we do have plans for that 

20    and we're taking it step by step.  I have spoken with 

21    people in the FBI.  I have collaborated with researchers 

22    at the FBI.  

23               There are plans to do that, but we're doing 

24    it in a very careful way.  And we want to do it in a way 

25    that by the time we end in front of a courtroom and I 

                       BETTY J. LANPHERE                     


 1    have to undergo cross­examination, I will be able to 

 2    answer all of the questions in a way that not only 

 3    satisfies me and my scientific colleagues but will 

 4    satisfy the courts.  

 5               We expect it will be admissible.  We expect 

 6    that it will be admissible under the Frye standard.  

 7    Certainly under the Daubert standard we expect it will 

 8    be admissible but we're taking that step by step.  And 

 9    the answer is, no, we have not progressed to that point 

10    yet.

11         Q     Do you know how many brain fingerprinters are 

12    on the salary of the United States Government?  Zero, 

13    isn't it?

14         A     Yes, certainly.

15         Q     You have claimed that your brain 

16    fingerprinting which is to detect guilt or innocence 

17    from brain waves; is that fair to say?

18         A     Let me correct this.  What we can detect and 

19    we have done this with 100 percent accuracy both in 

20    three studies for the CIA, one with the Navy and another 

21    with Dr. Richardson of the FBI.  What we can detect is 

22    presence or absence of specific information in the 

23    brain.  That has nothing to do with whether a person is 

24    telling the truth or lying about it.  And it is totally 

25    ­­ and this is some place where you and I will agree and 

                       BETTY J. LANPHERE                     


 1    my friend, David, will agree as well ­­ is totally and 

 2    fundamentally separate from forensic polygraphy as it is 

 3    typically practiced.  

 4               What we are detecting has nothing to do with 

 5    whether they are lying or not.  It only is is this 

 6    information stored in the brain or not.  For example, we 

 7    detect it with 100 percent accuracy where there is 

 8    specific people where FBI agents are not.  Now, whether 

 9    they were lying about being FBI agents or whether they 

10    were FBI agents, by flashing information that only an 

11    FBI agent would recognize on the screen and measuring 

12    from their brain responses whether they recognize that 

13    information or not.

14         Q     Did you compare that with the use of the 

15    guilty knowledge test used in forensic polygraphy?

16         A     Did I compare it?  I'm not sure what you 

17    mean.

18         Q     Have you gone through any kind of comparison 

19    method to compare your results with the forensic 

20    polygraphy use of the guilty knowledge test which is 

21    essentially the same thing?

22         A     Well, it is not essentially the same thing 

23    because in my test first of all as you would have me say 

24    and as you would agree I think ­­

25         Q     I just want your answers.  

                       BETTY J. LANPHERE                     


 1         A     ­­ what I am doing is measuring a cognitive 

 2    response.  This is a central nervous system response.  

 3    So that is one major difference between what I do and 

 4    the conventional guilty knowledge test with the 

 5    polygraph.  

 6               Secondly, the guilty knowledge test with a 

 7    polygraph, one of the major criticisms of it is there is 

 8    no control.  You asked a series of questions and you 

 9    look at which one gets the biggest response.  In my case 

10    I present three different types of stimuli.  I flash 

11    words or pictures that are known to be significant for 

12    the individual because we've told them about them and 

13    they can push a special button when they appear.  This 

14    is cognitively speaking.  

15               I can flash words or pictures that are 

16    insignificant, that are irrelevant and ignores those and 

17    then I flash things that are relevant to this issue 

18    under investigation.  For example, for an FBI agent, we 

19    flash words or pictures that only an FBI agent would 

20    recognize.  We get a recognition response which is 

21    called a memory encoding related multifaceted 

22    electroencephalographic response, m­e­r­m­e­r, mermer.  

23    We get that response when the individual knows that 

24    information when it is stored in his brain.  We don't 

25    get that response when it is not.  

                       BETTY J. LANPHERE                     


 1               So we take the response to the stimuli that 

 2    are relevant to the situation under investigation which 

 3    we call probes, and we compare them mathematically to 

 4    two different kinds of responses.  One, where we know 

 5    they have the information in which case there will be a 

 6    brain mermer.  One, where we know there won't, in which 

 7    case there won't.  We see mathematically which one does 

 8    this look like.

 9         Q     Is your answer no?

10         A     My answer is no.

11               THE COURT:  That was an interesting 

12    explanation though.


14         Q     The CIA actually discontinued your grant 

15    because of the lack of scientific controls and 

16    techniques in your handling of it; isn't that correct?

17         A     I can't think of a statement that is further 

18    from the truth.  The CIA found that my research was 

19    extremely scientific and extremely accurate.  The 

20    colleague got 100 percent accuracy in over 100 cases for 

21    them.  There are political and economic reasons that 

22    have been explained to me by the people there to some 

23    degree regarding lack of availability of funds.  And 

24    those are the reasons that were given to me.  

25               By the way they have not discontinued it 

                       BETTY J. LANPHERE                     


 1    permanently.  My understanding from the people I have 

 2    spoken with there is that I fulfilled my contact with 

 3    them and they are continuing to evaluate the technique.  

 4    They are continuing to gather data and to encourage me 

 5    to do the same and to publish additional data on the 

 6    technique with an eye perhaps to continue in the future.  

 7    If there is any idea that there is anything even 

 8    slightly lacking in the scientific value of the research 

 9    that I did, then that is totally false.

10         Q     Dr. Honts here was part of a review panel of 

11    a number of scientists who reviewed your work at the 

12    request of the CIA; is that correct?

13         A     That's correct.  That was a review ­­ what 

14    they wanted to do essentially was to bring in peers 

15    instead of waiting for the research to go out to the 

16    journals to be reviewed by peers.

17         Q     You're not aware of the findings and 

18    recommendations of that professional review panel?

19         A     I am extremely aware of the findings and 

20    recommendations.  And I have talked in detail with many 

21    of the members of that panel.

22         Q     Let's talk about the resume that you provided 

23    to us.  Did you prepare this just for the purpose of 

24    this case?

25         A     Forgive me.  I need to apologize for that 

                       BETTY J. LANPHERE                     


 1    particular resume.  What happened ­­

 2         Q     Let's have it marked so we can talk about it.

 3               MS. HIGGINS:  Your Honor, it is already 

 4    marked, I believe, as Government's Exhibit 1.

 5               MR. DANIELS:  I will move in Government's 

 6    Exhibit 1, Your Honor.

 7              (WHEREUPON, Government's Exhibit 1 

 8               offered into evidence.)

 9               THE WITNESS:  I would like to explain the 

10    circumstances surrounding that.

11               THE COURT:  Wait till a question is asked of 

12    you.

13               THE WITNESS:  He asked me the question, Your 

14    Honor.  

15               THE COURT:  There being no objection we will 

16    admit Plaintiff's Exhibit Number 1.

17              (WHEREUPON, Government's Exhibit 1

18               admitted into evidence.)

19               MR. DANIELS:  I believe the Court has a copy 

20    up there?

21               THE COURT:  I do.  


23         Q     I am handing you Plaintiff's Exhibit 1.  That 

24    is the resume that you submitted?

25         A     Yes.  You asked me a question about it.

                       BETTY J. LANPHERE                     


 1         Q     The question was isn't it a fact that you 

 2    prepared that specifically for presentation in this 

 3    case?  It was not a resume that you had already?

 4         A     Yes.  Again, I would like to apologize for 

 5    that.  What happened was in a space of four days or five 

 6    days, I was giving ­­ I was in Washington, DC.  I was 

 7    giving an address to the regional conference of the 

 8    American Judges Association in Atlantic City, New 

 9    Jersey, on my brain fingerprinting technique.  I also 

10    during that time met with members of the staff of the 

11    House Intelligence Committee and Senate Intelligence 

12    Committee to advise them on matters that have to do with 

13    my research. 

14         Q     We're talking about the resume.

15               MS. HIGGINS:  Objection, Your Honor.  I think 

16    he is trying to explain about it.

17               THE WITNESS:  I also ­­

18               THE COURT:  Dr. Farwell, I realize you 

19    haven't testified before, sir, but let me ask you to 

20    please answer only the question that is asked of you.

21               THE WITNESS:  Well, I think what I was doing 

22    was explaining why it is that he got a resume that 

23    looked like that.

24               THE COURT:  The first question asked was 

25    whether it was prepared for purposes of this hearing.  

                       BETTY J. LANPHERE                     


 1    If you could answer that question first then if you need 

 2    to explain, please indicate that.

 3               THE WITNESS:  I understand, Your Honor.  Yes, 

 4    I did.


 6         Q     Is it fair to summarize what you're saying 

 7    here is that you were busy on other things without going 

 8    into all the people you were talking to and where you 

 9    had lunch or anything like that?  See what I mean?

10         A     Yes.  But the reason that I elaborated was 

11    because I was busy with things that were directly 

12    relevant to my expertise in this field.  I wasn't just 

13    having lunch with somebody.  So, yes, you got a resume 

14    that was prepared while I was traveling.  I got a phone 

15    call about this and I prepared very quickly.

16         Q     Why didn't you use the resume that you 

17    already had prepared, your vitae, that certainly as a 

18    professional scientist you would already have?

19         A     As I said I was in Washington, DC.  I didn't 

20    have access to my laboratory.  I put together something 

21    quickly.  I made some revisions in it quickly.  It 

22    wasn't the correct format.  I apologize.

23         Q     But you prepared this in Washington, DC?  The 

24    entire thing?

25         A     Most of that information was on a computer 

                       BETTY J. LANPHERE                     


 1    that a colleague of mine had, but I did actually put 

 2    much of it together.  And, in fact, there are typos in 

 3    this.  It was pointed out to me.  I did it very quickly.

 4         Q     How about the material above the line on the 

 5    first page?  Is that something ­­

 6         A     That's what I'm saying.  There are typos in 

 7    that material.  

 8         Q     If one calls that phone number and gets a 

 9    recording, there is no such number; isn't that correct?

10               THE WITNESS:  Didn't you do that, Ms. 

11    Higgins?  I'm sorry I can't answer your question.  


13         Q     Did you know your own phone number?

14         A     I believe Ms. Higgins pointed out and called 

15    that number and found out that it was not correct.  Yes, 

16    the number is not correct.

17         Q     You put on this resume, President and Chief 

18    Scientist of the Human Brain Research Laboratory, Inc.; 

19    is that correct?

20         A     That's correct.

21         Q     Basically that is your own company, isn't it?

22         A     Yes, it is me and in some cases employees or 

23    other consultants.

24         Q     How many full­time employees does the Human 

25    Brain Research Laboratory, Inc., have?

                       BETTY J. LANPHERE                     


 1         A     That varies.  And the max has been about ten 

 2    and the current is two.

 3         Q     Two being yourself?

 4         A     Yes.

 5         Q     The chief scientist?

 6         A     Yes.

 7         Q     How many other scientists are there?

 8         A     One, Dr. Nash Thompson.

 9         Q     Dr. Nash Thompson is a scientist, you're 

10    telling us?

11         A     Yes, Ph.D.

12         Q     He has a Ph.D. in education, doesn't he?

13         A     If you're going to exclude Ph.D. in education 

14    from the field of science, I think you might find some 

15    objections.

16         Q     Is the answer yes? 

17         A     Yes, he is a scientist and has a Ph.D. in 

18    education.

19         Q     He is basically a businessman, isn't he?

20         A     He is a business consultant.  He is also an 

21    educational training consultant.

22         Q     He does not do scientific research in your 

23    human brain fingerprinting, does he?

24         A     No, he does not.

25         Q     You are the only person there that purports 

                       BETTY J. LANPHERE                     


 1    to be a scientist in this brain fingerprinting; isn't 

 2    that correct?

 3         A     I not only purport but I am.  It's a small 

 4    company.  I'll stipulate to that or admit that, whatever 

 5    you want to call it.

 6         Q     So you're both chief scientists, junior 

 7    scientists and all scientists that deal with brain 

 8    fingerprinting in this Human Brain Research Laboratory?

 9               MS. HIGGINS:  Objection.  Asked and answered.  

10    Also argumentative.

11               THE COURT:  Sustained.  Let's go on.


13         Q     You have listed right under that Harvard 

14    University Medical School research associate?

15         A     By the way I am not the only scientist at 

16    Harvard Medical School.

17         Q     I beg your pardon?

18         A     I'm not the only scientist at Harvard Medical 

19    School.  

20         Q     You are not at Harvard Medical School, are 

21    you?

22         A     Depends on your definition of "at."

23         Q     Let's ask about that.  Do you live in 

24    Massachusetts?

25         A     No, I do not.  In fact, neither does my 

                       BETTY J. LANPHERE                     


 1    colleague, Dr. Pitman, with whom I collaborate although 

 2    he is on the faculty also.

 3         Q     Your answer is no?

 4         A     I said no.

 5         Q     Do you teach courses at Harvard University 

 6    Medical School?

 7         A     Research associates don't teach courses.  No 

 8    research associate at Harvard Medical School does and 

 9    neither do I.

10         Q     So the answer is no?

11         A     Right.

12         Q     Do you receive any salary from Harvard 

13    University Medical School?

14         A     No, I do not.  Research associates sometimes 

15    do and sometimes don't receive a salary.  The reason I 

16    am research associate there is due to my collaboration 

17    in the research I described earlier on.  It is an 

18    intellectual appointment, not a financial appointment.

19         Q     Does the paymaster at Harvard University 

20    Medical School send you any partial payments at any 

21    time?

22               MS. HIGGINS:  Objection, Your Honor.  I 

23    believe that has been asked and answered.

24               THE COURT:  You may answer the question, 

25    Doctor.

                       BETTY J. LANPHERE                     


 1               THE WITNESS:  No.


 3         Q     Is there a reason you didn't put that 

 4    information here when you listed at the top of your 

 5    resume that you're a Harvard University Medical School 

 6    research associate?

 7         A     Is there a reason?

 8         Q     Yes.

 9         A     Well, I haven't seen the other people's 

10    vitaes but I don't think they would list where they got 

11    their money from either.

12         Q     You have listed that, but right under that 

13    you have not a single word about your professional 

14    history, do you?

15               MS. HIGGINS:  Your Honor, I am going to 

16    object to this lining of questioning.  I think that voir 

17    dire of a person's qualifications is certainly 

18    admissible.  However, Dr. Farwell has explained the 

19    condition under which he fashioned this CV.  He is 

20    certainly available to talk about his qualifications and 

21    his background, but I think it is going to the point of 

22    being argumentative to belabor any longer things that 

23    are not included or things that are included in this CV.  

24    It is simply not relevant to the voir dire of his 

25    background and education and qualifications.

                       BETTY J. LANPHERE                     


 1               MR. DANIELS:  I am going to look at his 

 2    qualifications, Your Honor, and my very next question 

 3    after that one is going to be one that goes to lack of 

 4    his qualifications in this case.

 5               MS. HIGGINS:  Your Honor, I continue to 

 6    object to that question.  Mr. Daniels can voir dire on 

 7    qualifications but I don't think he can voir dire on 

 8    this particular document and why things are there and 

 9    why things aren't which has already been explained how 

10    this document came into being.

11               THE COURT:  I am going to overrule the 

12    objection and let him ask the questions.  Please try to 

13    answer specifically to the questions, Dr. Farwell.

14               THE WITNESS:  Yes, Your Honor.


16         Q     There is nothing in this curriculum vitae 

17    about your professional history, is there?  Your work 

18    history?

19         A     My work history consists of after my Ph.D. 

20    being ­­ holding the two positions that are listed here.  

21    Now I can say, well, I held them this year and that year 

22    and the other year.  My present positions are the ones 

23    ­­ the one present position is the one I held since I 

24    got my Ph.D.  The other position is one which I have 

25    held, I obtained and have held since I got my Ph.D.

                       BETTY J. LANPHERE                     


 1         Q      We asked through the U.S. Attorney for this 

 2    information that was not in there, didn't we?

 3               MS. HIGGINS:  Objection, Your Honor.  The 

 4    witness may not be able to answer that.  He may not know 

 5    what things Mr. Daniels has asked the Government.

 6               THE COURT:  I think Dr. Farwell can answer 

 7    that question.

 8               THE WITNESS:  I am familiar with an 

 9    interchange that took place ­­ I should say somewhat 

10    familiar with an interchange that took place.  I got a 

11    call from Ms. Higgins or perhaps it was when we met 

12    personally a couple of days ago and she said, "Well, I 

13    need some more information about you.  They've asked for 

14    more information about your credentials."  And I gave 

15    her some additional information.  I believe she put it 

16    in a letter to you.  Again, I was attempting to comply 

17    insofar as I understood what the requirements were.


19         Q     Dr. Farwell, I am showing you what has been 

20    marked as Defendant's Y for identification and ask if 

21    you have ever seen that before?

22         A     I believe that this is the same letter that 

23    Ms. Higgins showed me a couple of days ago.  I guess it 

24    was probably March 8th or might have been late the 

25    afternoon of March 7th.

                       BETTY J. LANPHERE                     


 1         Q     Does that reflect the information that you 

 2    gave to her about your professional history?

 3         A     Skimming through it, it appears to reflect 

 4    that, yes.

 5               MR. DANIELS:  Your Honor, we move Defendant's 

 6    Y into evidence.

 7              (WHEREUPON, Defendant's Exhibit Y

 8               offered into evidence.)

 9               THE COURT:  Any objection?

10               MS. HIGGINS:  No objection, Your Honor. 

11               THE COURT:  It shall be admitted.

12              (WHEREUPON, Defendant's Exhibit Y

13               admitted into evidence.)


15         Q     Now, Exhibit Y reflects that between the time 

16    you received your bachelor's degree in 1973, there was a 

17    ten­year gap there when you were not continuing your 

18    professional education in psychophysiology; is that 

19    correct?

20         A     That's correct.  Six years of that I was 

21    involved in commercial real estate making money to go 

22    back to graduate school.

23         Q     You were selling real estate during those 

24    years?

25         A     I sold and it was commercial real estate so I 

                       BETTY J. LANPHERE                     


 1    both sold and invested in real estate during those 

 2    years.

 3         Q     And the letter also involved 

 4    psychophysiology; is that fair to say?

 5         A     That's fair to say.  Now, I did in a small 

 6    way continued my interest.  I did some research, for 

 7    example, in collaboration with Dr. Elizabeth Loftis at 

 8    the University of Washington.  Primarily I was making 

 9    money to go back to grad school and that's what I did.

10         Q     It also says, quote, "He also was involved 

11    with the World Plan Executive Counsel in the study of 

12    transcendental meditation."  Can you explain that to us?

13         A     You've asked me to be brief and it's a very 

14    eloquent question.

15         Q     What is the World Plan Executive Counsel?

16         A     It's the organization internationally that 

17    teaches the transcendental meditation program and other 

18    affiliated programs.  The headquarters are in 

19    Switzerland.

20         Q     And what did you do with the World Plan 

21    Executive Counsel?

22         A     Well, I worked administratively at the 

23    headquarters in Switzerland for some time.  I am also a 

24    qualified transcendental meditation teacher.  I have 

25    taught that.  I gave lectures.  I did a number of other 

                       BETTY J. LANPHERE                     


 1    activities in furtherance of the goals of that 

 2    particular organization.

 3         Q     This was working with the maharishi that we 

 4    talked about?

 5         A     That's correct.

 6         Q     It says in 1983 that you attended the 

 7    University of Washington for one year.  You did not 

 8    successfully complete that program, did you?

 9         A     I successfully completed what I went there to 

10    do.  You recall that it was in 1984 when I went back to 

11    graduate school.  During 1983 I was applying to graduate 

12    school because I wanted to get a leg up in the course 

13    work so I enrolled in courses at the University of 

14    Washington.  I was not involved in their degree program.  

15    I was accepted at the University of Illinois and that's 

16    where I went.

17         Q     All right.  And neither the World Plan 

18    Executive Counsel nor the University of Washington did 

19    you do anything with forensic polygraphy; is that 

20    correct?

21         A     That's correct.

22         Q     It says you were then accepted into a 

23    doctorate program at the University of Illinois.  There 

24    are no dates on the original CV that you provided, are 

25    there, as to your years of matriculation and completion?

                       BETTY J. LANPHERE                     


 1         A     I think we have covered that.

 2         Q     Is that correct?  When were you accepted into 

 3    the doctorate program at the University of Illinois?

 4         A     If I am remembering correctly, I started 

 5    there in the spring of 1974 and I was starting early.  I 

 6    was accepted into the program for the fall of '74 so I 

 7    must have been accepted, say, in the fall of '73.  

 8         Q     So there ­­

 9         A     I'm sorry.  I'm wrong.  In 1984.

10         Q     And it was eight years later that you finally 

11    got your doctorate?

12         A     Finally is the right word, yes. 

13         Q     And during all that eight years working on 

14    your doctorate, you didn't do any work on forensic 

15    polygraphy; is that correct?

16         A     That's correct.

17         Q     Is it fair to say that you have no personal 

18    knowledge of the specific application of forensic 

19    polygraphy for lie detection purposes?

20         A     I'm sorry.  Could you please repeat the 

21    question.

22         Q     Is it fair to say that you have no personal 

23    knowledge of how to use the forensic polygraph technique 

24    for detection of deception?

25         A     No, it is not.  I wouldn't think it would be 

                       BETTY J. LANPHERE                     


 1    fair to say that you have no knowledge of that.

 2         Q     Would you agree that maybe we both are at the 

 3    same level of knowledge of how to work this?

 4         A     Well, no.  Absolutely not.  Because as I have 

 5    said what I am trained to do as a psychophysiologist is 

 6    to measure psychophysiological measurements.  Forensic 

 7    psychophysiology or conventional polygraphy is a very 

 8    specific application of those measurements.  It is not a 

 9    separate field of science.  In fact, it is very specific 

10    application of science.  No knowledge is not at all a 

11    correct characterization of what I have.

12         Q     Do you know that forensic polygraphers who 

13    have done testing and use of the technology have 

14    determined that there is a scientific basis and that the 

15    results are in the range of 90 percent accurate?  You 

16    know that, don't you?

17         A     No, I do not.  In fact, there are a number of 

18    scientists who would peg the accuracy rate.  And if I am 

19    allowed to testify, I'll testify to this at more like 

20    chance for an innocent subject and 70 percent for a 

21    guilty subject.

22         Q     Do you understand my question?

23         A     I think I understood your question.

24         Q     Do you know there are scientists in the field 

25    who have studied and done laboratory studies who have 

                       BETTY J. LANPHERE                     


 1    come to those conclusions?

 2         A     I believe there are scientists in the field 

 3    who have come to those conclusions.  There are 

 4    scientists who I know and respect in that field who have 

 5    come to very, very different conclusions.

 6         Q     Do you know and respect Dr. Barland?

 7         A     Yes, I do.

 8         Q     Are you familiar with his position on it?

 9         A     Yes, I am.

10         Q     Do you know that he believes in the 

11    scientific validity of it, don't you?

12         A     Yes, I do.

13         Q     Do you know why there is not a single witness 

14    who has conducted laboratory studies on the forensic 

15    polygraph technique who is going to come in here and say 

16    it does not work?  Do you have any idea?

17         A     I am not sure I can answer that question.  

18    First of all I can't go into the minds of all of the 

19    scientists who studied it.  Also, I'm not sure that in 

20    order to show that it shouldn't be admitted in court one 

21    has to show that it does not work.

22         Q     Were you ever told why you personally were 

23    told to come testify on this specific issue?  Did the 

24    Government ever share why they were bringing you in as 

25    opposed to the people who have conducted tests and 

                       BETTY J. LANPHERE                     


 1    studies on this technique?

 2         A     As opposed to people who have conducted tests 

 3    and studies on this technique, I don't think that was 

 4    discussed with me.  I certainly don't remember them 

 5    having it discussed with me.

 6               MR. DANIELS:  Your Honor, I have no further 

 7    questions on the qualifications.  I think this witness 

 8    is not qualified to testify on the issue before this 

 9    court.  He may have expertise in some areas but 

10    certainly not on the validity of the application of the 

11    underlying scientific techniques to detection of 

12    deception in the manner that we have been talking about 

13    in this case.

14               MS. HIGGINS:  Your Honor, the Government 

15    strongly disagrees with that.  What Mr. Daniels has been 

16    doing is showing that Dr. Farwell lacks expertise as a 

17    forensic polygrapher.  I did not offer him as an expert 

18    in forensic polygraphy.  I offered him as an expert in 

19    the field of psychophysiology.  I believe that by virtue 

20    of his knowledge, skill, experience, training and 

21    education he is an expert in the field of 

22    psychophysiology and that he ought to be accepted as an 

23    expert in that field and allow to testify within the 

24    confines of that expertise.

25               THE COURT:  That's the question.  Within the 

                       BETTY J. LANPHERE                     


 1    confines of that expertise, what specifically are you 

 2    trying to elicit from this witness?

 3               MS. HIGGINS:  Your Honor, I plan to ask Dr. 

 4    Farwell to talk about the scientific method specifically 

 5    as it is applied in the field of psychophysiology and 

 6    more specifically based on his review of some of the 

 7    accuracy studies that have been done relating to 

 8    forensic polygraphy.  Whether in his opinion based on 

 9    his training and so on the field of psychophysiology and 

10    as a scientist whether the scientific method has been 

11    used in constructing and carrying those studies forward. 

12               I am not asking him to offer testimony as a 

13    forensic polygrapher having to do with those studies.  

14    And I think that's an important distinction because it 

15    seems to me there is a blurring of the categories 

16    sometimes in these inquiries.  There is a tendency to 

17    try and boost polygraphers as being the scientific or 

18    relevant community when, in fact, they often function 

19    more as technicians.  It is the psychophysiologists who 

20    have provided the underlying theories of principles by 

21    which they are even allowed to carry out their tests.  

22    So it is to the field of psychophysiology that we have 

23    to go to get some sense of the science underlying these 

24    things.  

25               MR. DANIELS:  Your Honor, ­­ 

                       BETTY J. LANPHERE                     


 1               THE COURT:  This is not a case of the average 

 2    polygrapher though.  We are not at this time 

 3    entertaining the entire discussing, entire practice of 

 4    the known polygrapher giving a polygraphy.  We're 

 5    talking about Dr. Raskin.  And if I have misunderstood 

 6    what it was that you were offering this witness for, I 

 7    am concerned about this witness testifying anywhere near 

 8    the area of forensic polygraphy.  I think it is clear 

 9    that he cannot comment on the specific application of 

10    whatever psychophysiological principles he wishes to 

11    discuss.  

12               The application of those principles to 

13    forensic polygraphy is going to be the area where he 

14    will have to be cut off.  If I understand you correctly, 

15    then this witness is being brought to basically testify 

16    as to his opinions about the studies that Dr. Raskin has 

17    testified to to form a scientific basis and validity 

18    with the forensic polygraphy?

19               MS. HIGGINS:  Your Honor, yes, and 

20    specifically the construction that is was the scientific 

21    method actually used in constructing lab, field and 

22    panel studies.  Is there an underlying scientific 

23    method, scientific validity to the construction of those 

24    tests.  

25               THE COURT:  Okay.  My concern now is that the 

                       BETTY J. LANPHERE                     


 1    evidence that we have heard is basically that he is ­­ 

 2    well, I don't know that we have heard enough evidence 

 3    for him to comment or give his expert opinion on those 

 4    underlying tests either.  I would like you to address 

 5    that, Mr. Daniels.  We don't have the issue that I was 

 6    concerned about.  

 7               The Court cannot accept this witness as an 

 8    expert witness to apply the principles in his field of 

 9    expertise to the application of forensic polygraphs.  

10    However, now for the purpose of addressing whether the 

11    underlying scientific tests are valid is a different 

12    issue.  Mr. Daniels, what is your position on that?

13               MR. DANIELS:  Your Honor, I think he has 

14    already established that he has not been involved in any 

15    of those tests and he has no more expertise than if you 

16    brought in an engineer who has studied the scientific 

17    method to review the forensic polygraph literature and 

18    talk about whether the tests in there complied with the 

19    scientific method.  It's just apples and oranges.  

20               There are people who are adversaries of the 

21    polygraph who have been involved in those studies.  They 

22    are a small minority but they exist.  People with that 

23    kind of expertise.  Those people, even though we 

24    disagree with them, we would object to their 

25    qualifications any more than we would object to the 

                       BETTY J. LANPHERE                     


 1    qualifications of an eminent polygrapher such as Dr. 

 2    Barland.  But he does not have expertise in this area.

 3               MS. HIGGINS:  Your Honor, I would object to 

 4    the characterization of bringing in engineers to talk 

 5    about underlying scientific methods.  Dr. Farwell is a 

 6    psychophysiologist.

 7               THE COURT:  The problem that I am having is 

 8    that what you're proposing would mean that does any 

 9    psychophysiologist with the normal training that is 

10    attended that position have the ability to come into a 

11    courtroom as an expert witness and comment on the 

12    validity of field tests and lab tests in the field of 

13    forensic psychology?  

14               That's my concern is that by virtue of his 

15    education and training we establish sufficient 

16    foundation to allow him to comment on field tests and 

17    lab tests when the source of that information will be 

18    reading from those articles that have been prepared not 

19    actually working with the individuals or any independent 

20    studies aside from the reading of the articles to form a 

21    scientific basis for this area.

22               MS. HIGGINS:  Your Honor, the Government 

23    submits that it is absolutely appropriate for Dr. 

24    Farwell first of all to be able to evaluate the studies 

25    based on studies he has done in a related area with 

                       BETTY J. LANPHERE                     


 1    respect to whether those studies are based on the 

 2    scientific method and have underlying scientific 

 3    validity.  

 4               And secondly because he is able to do these 

 5    comparisons, he is not just coming out of left field 

 6    having no idea how these kinds of things are done.  He 

 7    has studied the autonomic nervous system.  He has 

 8    studied the responses that are generated in that 

 9    process.  His research is slightly different but it is a 

10    related field.  And so it is not as though somebody with 

11    a completely unrelated field is coming in to talk about 

12    it.  

13               The Government submits he has by virtue of 

14    his education and his training and his research the 

15    ability to give a general scientific opinion about as I 

16    have said the construction of the studies.  And even 

17    though he has not himself participated in the studies 

18    that is also true of Dr. Honts and Dr. Raskin.  They 

19    have participated in number of studies but not all the 

20    studies.  And yet I'm sure they feel free to comment 

21    very freely and very vigorously about studies done by, 

22    for example, Dr. Iacono, somebody who is at odds with 

23    them.  They certainly feel free to comment on Dr. 

24    Barland's studies. 

25               THE COURT:  But we're talking about 

                       BETTY J. LANPHERE                     


 1    individuals that are all participating in the same type 

 2    of work.

 3               MS. HIGGINS:  Yes, Your Honor, I understand 

 4    that.

 5               THE COURT:  And the formulation of those 

 6    studies.  This is a major significant difference that we 

 7    have here, and it appears the foundation that you have 

 8    laid so far to be lacking in Dr. Farwell.  And I don't 

 9    know if you have the ability to lay further foundation, 

10    but from what I have heard at this point I don't think 

11    that he meets the requirements of Rule 702 to testify as 

12    you have offered him.

13               MS. HIGGINS:  Your Honor, I don't think that 

14    there is much more that I can elicit from Dr. Farwell 

15    that would change your mind on that point.  I would like 

16    to tell the Court that, for example, in the field of DNA 

17    admissibility that experts have testified who have no 

18    experience with the forensic application of DNA 

19    technology and yet have been allowed to testify in this 

20    very courtroom to underlying scientific principles and 

21    underlying scientific methodology.

22               THE COURT:  But you're not offering him for 

23    that purpose.  That's what I am confused about.

24               MS. HIGGINS:  And they have not been offered 

25    for that purpose either.  And that I guess is my point.  

                       BETTY J. LANPHERE                     


 1    The point of the Government is that in order for this 

 2    evidence to be admissible at bedrock there has to be 

 3    scientific validity in how the tests were constructed. 

 4    For example, the accuracy test and how they have been 

 5    interpreted.  Whether the factors used to construct them 

 6    or the elements used to construct them made sense 

 7    scientifically.  

 8               And by virtue of being a psychophysiologist I 

 9    think this witness can testify about that even though he 

10    did not himself participate in those studies and even 

11    though he himself is not a forensic polygrapher.

12               THE COURT:  I agree with everything that 

13    you've said except for the fact that we do not have any 

14    evidence in the case indicating that he has any 

15    education or particular experience in evaluating the 

16    types of tests that were conducted.  

17               MS. HIGGINS:  I can ask him if the Court 

18    would wish.

19               THE COURT:  Go ahead.


21         Q     Dr. Farwell, you have heard the Court's 

22    concern?

23         A     Yes.

24         Q     What expertise or what do you know about the 

25    way that the tests you have looked at, the accuracy 

                       BETTY J. LANPHERE                     


 1    tests for forensic polygraph, what do you know about the 

 2    way they were constructed and on what do you base that 

 3    knowledge?

 4         A     All right.  What we are specifically talking 

 5    about here is a series of charts, results of 

 6    psychophysiological measurements on a particular 

 7    individual that were elicited by a procedure instigated 

 8    by Dr. Raskin.  Now, as a psychophysiologist what I am 

 9    trained really primarily in in addition to the 

10    acquisition and analysis is experimental design.  

11               So what I would need to evaluate as an expert 

12    would be whether what I heard on the tape of Dr. Raskin 

13    and what he said and what he did and so on during the 

14    period of about an hour, hour and a half in which he 

15    produced this response whether that was according to the 

16    kind of principles of scientific control that are 

17    demanded in my field of expertise.

18               THE COURT:  Let me stop you at that point.  I 

19    did not understand you to be offering him to do any such 

20    analysis.


22         Q     No.  And actually, Dr. Farwell, what I was 

23    asking about for the accuracy studies, the underlying 

24    studies on which all of this is deemed to be valid.  And 

25    I believe that there were three studies, at least three 

                       BETTY J. LANPHERE                     


 1    studies specifically that you reviewed for testimony in 

 2    this case.  And the question is what do you know about 

 3    those studies and on what do you base your knowledge?

 4         A     In order to comment about accuracy we need to 

 5    define what it is that is being accurate.  And in my 

 6    field when I review a paper for publication, I need to 

 7    look at the specifications that the scientist has made 

 8    as to exactly what he did to produce the 

 9    psychophysiological responses that were recorded.  What 

10    I expected to testify about and I was using this 

11    particular chart ­­

12         Q     Wait.  Let me stop you, Dr. Farwell.  Excuse 

13    me, Dr. Farwell.  Specifically the accuracy studies that 

14    you reviewed for this case, what do you know about them?  

15    And what do you know about the construction of those 

16    studies that would allow you to testify about them and 

17    whether they do or do not relate to the scientific 

18    method?

19         A     I am afraid you have to repeat the question.  

20    I realize it's a friendly question but I don't really 

21    quite understand it.  Could you please repeat the 

22    question or rephrase the question?

23         Q     I have told the Court that one of the areas 

24    that you might testify about had to do with the accuracy 

25    studies.  You have an opinion as to their validity?

                       BETTY J. LANPHERE                     


 1         A     Yes.

 2         Q     And you have reviewed certain studies that 

 3    you were going to use to illustrate your opinions; is 

 4    that correct?

 5         A     Yes.

 6         Q     How do you know about these studies?  What do 

 7    you know about them?

 8         A     Well, in any ­­

 9         Q     First of all, excuse me, did you review them?

10         A     Yes, I did.

11         Q     All right.  And have you done similar studies 

12    in your own research?

13         A     Well, yes.  What I do is I set up ­­ I set up 

14    an experimental protocol which is designed to elicit 

15    certain psychophysiological responses and what I am 

16    trying to do is to establish proper scientific controls 

17    for such a protocol and to give ­­ to have expert 

18    knowledge on whether a particular hypothesis is being 

19    properly tested and whether we have eliminated the 

20    possible alternative or probable alternative hypothesis.

21         Q     And would you then compare what you have done 

22    in your own studies with your understanding of how these 

23    other studies have been constructed and how they were 

24    carried forward?

25         A     Yes.  And many of the things are similar.  I 

                       BETTY J. LANPHERE                     


 1    mean the specific measurements may be from the head 

 2    rather than the hand, but many of the experimental 

 3    design issues ­­ for example, sampling of subjects and 

 4    criteria for the ground truth of the result.  Those kind 

 5    of things are common.

 6         Q     All right.  Thank you.  

 7               MS. HIGGINS:  Your Honor, do you have any 

 8    other questions that you would like to ask about this 

 9    that perhaps I have not asked?

10               MR. DANIELS:  Without belaboring all of the 

11    previous things that have been said, Your Honor, we 

12    stand on our objection.  I think Dr. Farwell is far out 

13    of his league in this particular issue before this 

14    Court.  There is no evidence he has ever performed any 

15    scientific evaluations of any lab or field studies.  

16    Never even reviewed a submitted article on them, has no 

17    expertise in this area.  We object to the testimony.

18               THE COURT:  I am going to sustain the 

19    objection.

20               MS. HIGGINS:  I understand, Your Honor.  

21               THE COURT:  Is this the only reason that you 

22    called Dr. Farwell?

23               MS. HIGGINS:  Yes, it is, Your Honor.

24               THE COURT:  Dr. Farwell, thank you for your 

25    testimony.  I appreciate you having come and waited 

                       BETTY J. LANPHERE                     


 1    yesterday.  Please understand that the Court's ruling 

 2    has nothing to do with your particular qualifications.  

 3    We're dealing with a very specific issue at this point. 

 4               THE WITNESS:  Thank you very much, Your 

 5    Honor.  

 6               THE COURT:  You may be excused.  You may 

 7    proceed.  

 8               MS. HIGGINS:  The Government calls Gordan 

 9    Barland.  


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