Partial Transcript from Bates v. Bates Frye Test Hearing:
Circuit Court of Dupage County for the Eighteenth Judicial Circuit of Illinois
In Re: The Marriage of Norma Bates (petitioner) v. Edward Bates (respondent)
Hon. James J. Konetski:
In this instance, I think its it's clear that the proponent in this case Mr. Bates has the burden of establishing that the pertinent admissibility requirements are met by a preponderance of the evidence.
And specifically here those admissibility requirements are the criteria set forth in the Frye case and adopted by the courts of the State of Illinois. And although the Frye case, there is a lot of language in the Frye case, I guess one can ultimately boil it down, if you will to the following: and that is while the courts will go a long way in admitting expert testimony deduced from a well-recognized scientific principle or discovery, the thing from which the deduction is made must be sufficiently established to have gained general acceptance in the particular field in which it belongs. I've looked at that specific criteria and language and the first, word if you will of operative meaning to me is principle. And I think here that principle, that is the Parental Alienation Syndrome, has been sufficiently defined for purposes of conducting the rest of the test in any meaningful way. With respect to the balance of the test as to whether it is sufficiently established to have gained general acceptance, I would take note that general acceptance does not require the absence of adverse opinion--does not require a unanimous opinion.[...] And the use of the word science, may I just add at least insofar as that word is used so frequently, can be used very equivocally. There is science, if you will, of all different types and, Mr. Kaufman, although part of me shares, you know, some of the concern that you've described in sort of equating this area with anthropology or chemistry, I don't think that's the appropriate analysis. I think the science, if you will, must be analyzed within the context of its field. It has to be analyzed for its inherent qualities and relations in those fields and not to something else because then the standard isn't whether its sufficiently established in the particular field, it is whether it's sufficiently established to meet the criteria of a science that is -- that is outside of itself, which can't possibly be appropriate. Accordingly, having considered the evidence that's been provided to me, the credibility of the witnesses, and specifically the basis of each witness's opinion, having carefully considered over the last few days all of the -- all of the testimony, I do find specifically that the principle of the Parental Alienation Syndrome is sufficiently established as to have gained general acceptance in the particular field.
