Judge: Blinks OK as testimony in Ohio murder trial

By the Associated Press | September 22, 2011 | 7:10 PM EDT

CINCINNATI (AP) — A judge in Cincinnati says a videotape of a dying man's blinking eyes, which prosecutors say identified his killer, can be used as evidence in the suspect's trial.

The Hamilton County judge ruled Thursday that jurors in 33-year-old Ricardo Woods' murder trial will be allowed to see an interview of David Chandler blinking in response to police questions.

Prosecutors say Chandler identified Woods through a series of eye blinks. Woods' attorney argued the blinks aren't conclusive and shouldn't be allowed as evidence.

Police interviewed Chandler while he was hooked up to a ventilator, paralyzed after being shot in the head and neck Oct. 28. Chandler died about two weeks later.

Woods' attorney says he may ask the judge to reconsider her decision.