Mr. Herndon. Yes; I have reviewed the transcript, and with regard to both those questions Mr. Ruby replied “Yes.”
Mr. Specter. During which portion of the examination?
Mr. Herndon. This was during the pretest interview.
Mr. Specter. When you say he gave “yes” answers to both questions, you mean the question about “did he think his family had been harmed as a result of what 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 way 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.)