A Cincinnati judge says a videotape of a dying man blinking his eyes to identify his killer can be used as evidence in the suspect's trial, NBC stationWLWT reported Thursday.
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Ricardo Woods, 33, is charged with the murder of David Chandler, 35, who was paralyzed after being shot in the head and neck Oct. 28 as he sat in a car.
Prosecutors say they videotaped a conversation with Chandler in his hospital bed, where he indicated by blinking that Woods shot him. He died days later.
Judge Beth Myers watched the tape and said Woods identified the shooter as “O,” apparently the street name of Woods. Myers said Chandler confirmed two times to the detective that the shooter was Woods with three blinks when the detective held up a picture of Woods.
"I find from the totality on the circumstances based on Ohio law and the facts as I found them that the identification is reliable and there is not a substantial likelihood of misidentification," said Myers.
Chandler's identification was made by "pronounced, exaggerated (blinking) movement of the eyes," not by routine involuntary eye blinking, the judge said.
Woods' attorney, Kory Jackson, said he believes there could be flaws in interpretations of the blinks, which were inconsistent and should not be allowed at the trial, scheduled for Oct. 3.
"The judge on at least two occasions disagreed with how the detective interpreted some blinks," Jackson said.
He said he's considering asking that a doctor review the medical records to see what effects Chandler's condition at the time and drugs used to treat him would have on his ability to understand and respond to questions. Based on the findings from that review, Jackson said he may ask the judge to reconsider her decision.
NBC station WLWT and The Associated Press contributed to this story.
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