Mr. Herndon. That is correct, Mr. Specter. I would defer to psychiatrists, of course, with regard to whether or not a person is mentally competent or not.
Mr. Specter. So that if Mr. Ruby was psychotic, then the polygraph examination would have no validity?
Mr. Herndon. That is correct, sir.
Mr. Specter. And if, on the other hand, Mr. Ruby was competent and in touch with reality, understanding the nature of the questions and the content of his answers, then the polygraph examination would have validity?
Mr. Herndon. Under that theory, then the polygraph examination could be interpreted, and there would be a conclusion rendered, still considering, of course, all the limitations of the polygraph technique, of course.
Mr. Specter. Now, what two areas of questions did Dr. Beavers exclude in the portion of his answer which you and I just read together?
Mr. Herndon. Dr. Beavers made specific reference to two questions which were originally drafted by himself, Dr. Beavers. These questions were in regard to whether or not Ruby believed his family were harmed or have been harmed, whether or not his family have been harmed for what he did, and the other question was in regard to whether or not he believed his chief counsel, Mr. Fowler, was in danger for defending him, Ruby, that is.
Mr. Specter. And as the record will show, those were the two questions that Dr. Beavers referred to where he felt Ruby was out of touch with reality when he answered them during the course of the polygraph examination?
Mr. Herndon. That is correct.
Mr. Specter. And focusing for just a moment on those two questions before we proceed to your conclusions, what answer did Mr. Ruby give to the question as to whether his family had been harmed as a result of what he did?