Evidence

Victim blinked to ID defendant, police say; videotape will be shown to murder trial jury


Shot in the head and neck on Oct. 28, 2010, David Chandler was initially paralyzed and then, about two weeks later, he died.

But meanwhile, hooked up to a ventilator and unable to speak, he identified, by blinking three times, the man who prosecutors say shot him. A videotape of the police interview with Chandler will be shown at the trial of Ricardo Woods, a judge has ruled. Jury selection began Monday, the Associated Press reports.

Attorney Kory Jackson represents Chandler. He told the news agency he thinks the video should be excluded, and argues that police misinterpreted Chandler’s blinks.

“But it’s up to jurors to decide now,” Jackson said.

Jackson also has argued that Chandler’s condition and drugs used to treat him could have affected his ability to understand and respond.

See also:

ABAJournal.com: “Paralyzed Victim’s Videotaped Eye Blinks are Admissible Evidence in Murder Trial, Judge Says”

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