A blink could mean life sentence for slaying suspect

CINCINNATI -- As David Chandler was dying from gunshots wounds, he "told" Cincinnati police who shot him.

Chandler, 35, didn't speak or write out his killer's name. In a controversial case that made national headlines, Chandler named Ricardo "O" Woods as his killer – by blinking.

Woods' murder trial is set to start Monday before Hamilton County Common Pleas Court Judge Beth Myers. The judge already has ruled that Chandler's "dying declaration" and the video police made of him blinking his killer's nickname can be used.

The reliability of a blink as testimony that could send a man to prison for life is "the major issue in the case," said Kory Jackson, Woods' attorney.

Woods has battled with Assistant Prosecutors Jocelyn Chess and David Prem in the case for more than two years over the identification issue. Now, Jackson has brought in noted attorney Barry Scheck, a co-founder of the Innocence Project and an attorney for O.J. Simpson during Simpson's controversial murder trial.

"They will be asking the judge to reconsider her ruling on admitting the video," Jackson said.

Chandler and two others were in a car at 2:30 a.m. Oct. 28, 2010, in Cincinnati's West End. Chandler was trying to buy drugs from someone other than Woods, his regular dealer. Woods, who believed Chandler owed him money from previous drug deals, became irate when he saw Chandler trying to buy from another dealer. Police say Woods shot Chandler in the head and neck. Woods previously served prison time for a drug trafficking conviction.

Chandler was taken to a hospital where he stayed for two weeks before dying Nov. 12. In that time, Cincinnati police videotaped him blinking the identification of the shooter. He was supposed to blink twice for "No" and three times for "Yes" as police pointed to each letter of the alphabet, trying to get Chandler to name the shooter.

Eventually, police said Chandler blinked yes when the letter "O" – Woods' nickname on the street – was pointed to and again when he was shown a picture of Woods and asked if it was Woods who shot him. The judge ruled that was sufficient for the videotape to be shown to jurors.

Jackson continues to disagree, saying the video shows Chandler's identification is weak.

"It's not reliable and it's not something a jury should base a conviction on," Jackson said.

In 2007, two men were convicted in Boynton Beach, Fla., of murder and attempted robbery after being identified by a man blinking his eyes, the Associated Press previously reported. The man, who was paralyzed and later died in the shooting, identified both men by blinking when shown photos of the men.

The National District Attorneys Association didn't immediately respond to requests for other cases where victims identified defendants by eye blinks.

Woods, 34, is charged with murder, felonious assault and weapons charges. They carry a maximum sentence of life in prison.