(Testimony of Bell P. Herndon)
Mr. Specter.
he did," and also the question about "whether his defense counsel, Mr. Clayton Fowler, was in danger as a result of representing Mr. Ruby"?
Mr. HERNDON. Yes; in both instances he volunteered yes.
Mr. Specter.
Now, Mr. Herndon, based on the hypothesis or assumption that Mr. Ruby was in touch with reality, and understood the nature of the questions, and the quality of his answers, what opinion did you formulate, if any, as to patterns of deceptiveness on the relevant questions during the polygraph examination?
Mr. Herndon.
Based on the hypothesis that you just gave, Mr. Specter, a review of the polygraph charts would indicate to me, if in fact Ruby was mentally competent and sane, that there was no indication of deception with regard to the specific relevant pertinent questions of this investigation.
Mr. Specter.
At this time, Mr. Herndon, I would like to take up the first series of questions and answers, and ask you to state for the record what they were and what graph readings you took by was of elaborating upon the conclusion which you just gave. For the record I shall mark that first chart as Herndon Deposition Exhibit No. 1.
(The document referred to was marked Herndon Deposition Exhibit No. 1 for identification.)
Mr. Herndon.
As I review the first polygraph chart I notice that I made a notation at 1 p.m., that Rubys attorneys agreed to let Mr. Ruby take the test. I actually started my adjustments of the instruments on Mr. Ruby at 3 p.m. In this regard, I believe it proper to state that I was using a Stoelting deceptogragh model 22500 which utilizes three components, the pneumograph, the galvanic skin response, and the cardiograph. Also utilized during the examination was a Stoelting polygraph subject chair.
Mr. Specter.
Will you describe the chair used during the course of this examination, please?
Mr. Herndon.
The polygraph subject chair is so designed to adjust the level of the arms and to give complete and full support to the arms. This is necessary to provide a minimum of restriction or pressure on both of the arms of the examinee. This is desirable in order to obtain the best possible tracing with regard to a. person's relative blood pressure changes and relative changes in the heart rate. It is also desirable to obtain. the best possible tracing of the electrodefinal responses or the galvanic skin responses. The chair is also constructed so that the person will generally refrain from slouching or crossing his legs during the examination, both of which are undesirable.
Mr. Specter.
Would you now then proceed to testify about the recordings on the chart?
Mr. Herndon.
I also notice with regard to the room that the lighting in the room was incandescent and not fluorescent, this possibly being a factor in the tracings with regard to the galvanic skin response. The incandescent lighting is much preferable, and, therefore, I feel that there was no outside electrical disturbance with regard to the tracing of the GSR, galvanic skin response.
Mr. Specter.
Could you elaborate Just a little more on why you think the lighting would have an effect on the galvanic skin response testing device?
Mr. Herndon.
I made a notation of this fact in my notes, in view of the fact that it has been evident in the past that fluorescent lighting at times has inter-feted with proper tracings with regard to the galvanic skin response.
Mr. Specter.
And fluorescent lighting was present here?
Mr. Herndon.
No, fluorescent lighting was not present here, and the desirable or preferable incandescent lighting was present.
Mr. Specter.
So that that would have a beneficial effect on eliminating a potential source of interference?
Mr. Herndon.
Not beneficial, but it would not necessarily hinder the tracing.
Mr. Specter.
Fine.
Proceed.
Mr. Herndon.
During my initial adjustments of Mr. Ruby to the polygraph I noticed that he had a breathing rate of approximately 21 cycles per minute, which is well within normal respiratory pattern I noticed that his heart
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