Ricardo Woods was convicted of murder in a trial that hinged on the testimony of the paralyzed victim blinking his eyes in order to identify his shooter. Woods and his defense attorney have announced that they plan to appeal the conviction.
David Chandler was shot in the head and neck while sitting in his car on October 28, 2010. The shooting left Chandler paralyzed and unable to communicate in any way other than with his eyes.
The key piece of evidence in the trial was a video tape showing police questioning Chandler about the shooting. In the tape, police show Chandler a picture of Woods and ask him if Woods was the man who shot him, Chandler responds by blinking three times for "yes," according to the Associated Press. Chandler would pass away from his wounds about two weeks after police questioned him.
Woods' defense attorney, Kory Jackson, fought to have the video blocked from the trial contending that Chandler's blinks were unreliable and inconsistent, reported the Associated Press.
"We have said since the beginning that the video should not have been allowed as evidence," Jackson said.
Jackson argued that Chandler's condition and some of the drugs being used to treat him may have affected his ability to understand what exactly police were asking him, according to the AP.
At times in the video Chandler needs to have questions repeated to him multiple times because he failed to respond and other times it was unclear how many times he blinked. When he was shown the picture of Woods Chandler blinked three times definitively to say yes, according to ABC News.
Jackson has also argued that it was "suggestive" that police only showed Chandler one photo to identify instead of presenting him with a full lineup of photos to choose from, according to the AP.
Chandler's family was relieved that justice had been served when they heard the verdict.
"It's been a long time coming," said Richard Tucker, Chandler's half brother.
