I completely concur with this judge’s ruling. She obviously considered her options very carefully before arriving at this precedent-setting decision.
JUDGE SAYS JURY CAN WATCH VIDEO OF DYING MAN’S BLINKING EYES TO SEE IF HE IDENTIFIED HIS KILLER
By Martin Robinson
Mail Online
September 23, 2011
A video of a murdered man on his deathbed blinking to identify his alleged killer is to be used as evidence in a Cincinnati court.
Two weeks before his death David Chandler was interviewed on a ventilator, paralyzed after being shot in the head and neck, because prosecutors believed it could help convict suspect Ricardo Woods.
In a landmark case a Hamilton County judge has now ruled jurors in 33-year-old Woods' murder trial will be allowed to see it.
Police maintain that Mr Chandler identified Woods through a series of eye blinks, but Woods' attorney argues they are not conclusive and should not be allowed as evidence.
But Judge Beth Myers watched the video and said Chandler identified the shooter as 'O,' apparently Woods’ street name.
She found 'the identification is reliable, and there is not a substantial likelihood of misidentification.'
Chandler’s identification was not made by routine involuntary eye blinking, but by 'pronounced, exaggerated (blinking) movement of the eyes,' the judge added.
But Woods' lawyer Kory Jackson says he believes there could be flaws in interpretations of the blinks, and that the blinks were inconsistent.
'The judge on at least two occasions disagreed with how the detective interpreted some blinks,' he said.
The defense is 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.
Woods’ trial is scheduled for October 3.
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