Dying man’s blinks will be key testimony in Ohio murder trial

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Prosecutors are counting on an unusual means of testimony -- the blinks from a dying man’s eyes -- to help convince jurors of an alleged killer’s guilt when his murder trial opens Monday in Ohio.

The star witness in the trial of Ricardo Woods of Cincinnati is also his alleged victim, who was shot in the head and neck last year but who stayed alive long enough to be interviewed by investigators. According to news reports, the victim, David Chandler, could not speak or move his limbs, but he was able to communicate with investigators by blinking his eyes when they came to see him in the hospital.

Through those blinks, he identified Woods as his attacker, prosecutors say; they plan to show the videotaped hospital interview with Chandler at Woods’ trial, according to local media. Woods’ attorney, Kory Jackson, argued against allowing the video, saying the blinks could be interpreted in a variety of ways, especially if medication affected Chandler’s ability to understand investigators’ questions.

Christo Lassiter, a professor of law and criminal justice at the University of Cincinnati, told the Associated Press that the use of eye-blinking testimony was ‘highly unusual.’ ‘But the key issue is the reliability’ of the blinks, said Lassiter, adding that if Woods were convicted, the defense would be sure to appeal on grounds the blinking testimony was questionable.

Chandler was shot on Oct. 28, 2010, and paralyzed. He died about two weeks later. In his videotaped meeting with police, Chandler blinked three times when shown a picture of Woods, which investigators said was his confirmation that the defendant was the shooter. Judge Beth Myers watched the video and ruled in September that it could be shown to jurors.

Police say Chandler and Woods knew each other through drug dealing.

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-- Tina Susman in New York