- Paralyzed Victim’s Videotaped Eye Blinks are Admissible Evidence in Murder Trial, Judge Says
Trials & Litigation
Paralyzed Victim’s Videotaped Eye Blinks are Admissible Evidence in Murder Trial, Judge Says
Posted Sep 23, 2011 11:00 AM CST
By Martha Neil
It's not exactly DNA evidence. But an Ohio judge has ruled that a videotape showing a paralyzed man blinking his eyes on his deathbed to identify his alleged shooter by his apparent street name will be admitted at an upcoming murder trial.
Ricardo Woods will be tried early next month in the shooting death last year of David Chandler approximately a year earlier. Hamilton County Common Pleas Judge Beth Myers said that Chandler's "pronounced, exaggerated" eye movements were reliable evidence. But attorney Kory Jackson, who represents Woods, said they were subject to misinterpretation, according to the Associated Press and WLWT.
“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,” the judge ruled.
An earlier Cincinnati Enquirer story provides additional details.