Apr 302021
 

During the recent trial of former police officer Derek Chauvin in the death of George Floyd, an interesting—and easily overlooked—aspect related to psychology and critical thinking arose.

 

As MSN reported, “Derek Chauvin defense attorney Eric Nelson on Wednesday suggested in court that George Floyd could be heard saying he ‘ate too many drugs’ in audio recorded during his arrest last year. Nelson made the claim while he was questioning Los Angeles Police Department Sgt. Jody Stiger, a use-of-force expert brought in by prosecution, during cross-examination. ‘I’d like you to see if you could tell me what Mr. Floyd says in this instance,’ Nelson said before playing a clip from body camera footage captured of Chauvin restraining Floyd during the May 2020 arrest that preceded his death. It is difficult to discern what is said in the clip. ‘Did you hear what he said?’ Nelson then asked Stiger. ‘No, I couldn’t make it out,’ Stiger responded. ‘Does it sound like he says, I ate too many drugs,’ Nelson asked before again playing the footage. ‘Listen again.’”

What did Floyd really say? It’s likely we will never know. But Nelson’s transparent efforts to prime the jury into hearing that phrase may have harmed the prosecution. That’s because of what in psychology is called an anchoring effect: we tend to more easily remember, and accept, the first explanation or information we hear. If there are two or more competing explanations for something, we tend to “lock on” to the first one and disregard others. That doesn’t mean that people can’t and don’t change their minds or update their information, of course—just that in general it’s easier to lodge the first idea in someone’s head than the second or third.

In the Chauvin trial, the damage was somewhat mitigated by other witnesses offering different—and in fact contradictory—interpretations of whatever Floyd said, including “I ain’t do no drugs.” The jury, hopefully recognizing that interpretation is highly subjective and easily manipulated, will be careful not to afford that issue too much weight in their deliberations. Whatever ambiguous comment George Floyd said—in his increasingly oxygen-deprived state under former officer Derek Chauvin’s weight and knee—is less relevant than the sea of other clear evidence about the case.

The question of interpretation of ambiguous stimuli is a core concern in many skeptical investigations, from EVP (alleged “ghost voices”) to UFOs (“What’s that odd light in the sky?”) to Bigfoot and ghost sightings and photos (“What’s that weird thing in the distance?”). I can’t count the number of times I’ve had someone present me with a photo, audio, or video recording and express exasperation and incredulity that I was not seeing what was plainly obvious to them.

I diplomatically explained that while their favored interpretation was possible, it was not the only—nor even the most likely—explanation. I try to explain the phenomenon of pareidolia, how people see faces in clouds and meaningful messages in ambiguous sounds. I discuss this at length in my books Scientific Paranormal Investigation: How to Solve Unexplained Mysteries and Investigating Ghosts: The Scientific Search for Spirits, but it’s often useful to see how these principles apply in real-world situations where the consequences of misinterpretation (or over-interpretation) can be dire.

Ambiguous Audio in George Zimmerman Trial

There are many real-life cases in which the meaning and significance of words have been subjected to intense legal and forensic debate. In everyday life meanings in speech are not always clear. In February of 2012 a Florida neighborhood watchman named George Zimmerman shot and killed an unarmed black teenager, Trayvon Martin. During the trial Zimmerman claimed that Martin had attacked him and that he had shot the young man in self-defense; many, however, believed that the shooting was racially motivated. Those calling for civil rights and homicide charges against Zimmerman referred to a 911 recording of a call in which he muttered “these fucking coons.” Or did he?

Other news media and audio forensic experts heard a very different phrase: “these fucking punks.” Did Zimmerman say “punks” or “coons”? The phonetic sounds are quite different (“pǝNGks” versus “kōons”), and most people would have little difficulty telling the words apart. Different experts, however, came to different conclusions. The distinction is very important: one is a general derogatory label that could refer to anyone of any race, and the other is a racial slur referring specifically to black people. How that one word was interpreted could have been key in deciding Zimmerman’s future if presented as evidence to a jury or prosecuted under hate crime laws.

After several weeks and more careful audio analysis, the prosecution concluded that Zimmerman had not in fact uttered the racial epithet; he had in fact said “punks,” just as his defense attorneys had claimed. In explaining why different well-qualified experts had come to contradictory interpretations, Florida state attorney Harry Shorstein “said [prosecutor Angela Corey’s] team probably relied on audio enhancing from the FBI or the Florida Department of Law Enforcement. Shorstein called such enhancing ‘an indefinite science.’”  

Audio analysis is indeed an “indefinite science”—even for experts and professionals; unlike DNA testing, audio analysis has a large measure of subjective interpretation. The more important point is this: If experienced audio experts with the police department and the FBI could not agree on what Zimmerman said in a reasonably clear audio recording (far greater than most EVP), there is little reason to put much faith in the accuracy or validity of interpretations by amateur ghost hunters with no professional training or experience.

Cursing Elmos and Reverse Speech

We do not, of course, routinely misunderstand one another in everyday conversation but it happens more frequently than most people notice. Lecturer (and former educational programs consultant for the James Randi Educational Foundation) Barbara Drescher wrote an insightful piece on this for her site ICSBSEverywhere, using the then-recent controversy over a seemingly foul-mouthed Tickle Me Elmo as an example:

I just caught a report on our local Fox News station about a couple that appeared on Good Morning New York, complaining about Elmo’s potty mouth…Notice that the segment opens with a statement of FACT — the toy has a dirty message — rather than a question about whether this might be true. This is a perfect example of how human perception is influenced by knowledge. Perception driven by expectation and belief is called “top-down” processing, whereas perception that starts with information from the senses is considered “bottom-up.” Most of our daily perception is top-down in nature.

In many of my classes, I demonstrate this by playing music clips backwards. Some claim that these clips have “hidden messages.” Everyone from the Beatles to Queen to Eminem to Britney Spears has been accused of it. An entire website is devoted to the study of what David John Oates calls the greatest discovery of all time: Reverse Speech. He even sells training courses and other products (surprise, surprise). Oates claims that our unconscious is revealing itself through our speech and that these messages can be heard if we listen to recordings of this speech backwards. He spends countless hours listening to audio recordings of politicians, celebrities, and music — listening for anything that sounds like English and documenting it. Sometimes the audio must be slowed down before one can perceive the message.

It’s always important not to over-interpret evidence, of any kind. We all bring our personal experiences, expectations, and assumptions to bear on everything we experience and remember. It’s not inherently good nor bad—it’s just how the human brain works. But the first step to minimizing the problem is recognizing the psychological and social contexts, the prisms through which we interpret and understand the world. And the best way to do that, of course, is through skepticism and critical thinking.

 

 

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