Mr. Specter. Did you hear him testify in a conclusory fashion that: “These symptoms,” referring to symptoms which he had described, “plus the depression which was evident caused me to diagnose a psychotic depressive reaction”? Did you hear him make that diagnosis?
Mr. Herndon. Yes; I did.
Mr. Specter. If that diagnosis is accurate, would there be any validity in a polygraph examination of Mr. Ruby?
Mr. Herndon. There would be no validity to the polygraph examination, and no significance should be placed upon the polygraph charts.
Mr. Specter. Did you further hear Dr. Beavers testify as follows: “In the greater proportion of the time that he,” referring to Ruby, “answered the questions, I felt that he was aware of the questions and that he understood them, and that he was giving answers based on an appreciation of reality.”
Mr. Herndon. I heard him so testify.
Mr. Specter. If Mr. Ruby’s mental condition was accurately characterized in that latter statement, then would the polygraph examination have validity in accordance with the limitations which you heretofore described?
Mr. Herndon. Well, based on the hypothesis that Ruby was mentally competent and sound, the charts could be interpreted, and if those conditions are fact, the charts could be interpreted to indicate that there was no area of deception present with regard to his response to the relevant questions during the polygraph examination. However, I have no specific information to my knowledge which would resolve the hypothesis or the suggestion made by Dr. Beavers that Ruby was in fact rational and fully competent at that time, and, therefore, I would still have to render an inconclusive opinion with regard to the charts.
Mr. Specter. When you say in your last answer if Ruby was competent or sane, by that do you mean the characteristics which Dr. Beavers described, stated specifically, that he understood the questions and the answers, that he was giving answers based on appreciation of reality?
Mr. Herndon. I qualified my answer to the previous question because of the fact, if you will recall, Dr. Beavers also testified later that it is entirely possible for a person who is psychotic to still appear to be rational and to be fully aware of reality. This particular testimony is with regard to specific questions presented to Dr. Beavers by Mr. Tonahill, and it is a known fact that certain psychotics at times can appear completely rational and appear to be competent.