Ricardo Woods blinking trial: Prosecution rests

CINCINNATI - The prosecution in the trial of Ricardo Woods, which hinges around a dying man's blinks, rested Wednesday afternoon.

Woods is charged in the October 2010 fatal shooting of 35-year-old David Chandler.

Police interrogated Chandler and had him answer questions about the details of his attack via blinks while he was severely injured in the hospital. Chandler later died.

Three blinks meant "yes" and two blinks meant "no" in response to the questions Chandler was asked.

Homicide Detective David Gregory was called to the stand Wednesday to talk about the test they gave Chandler to confirm that his blinks were a valid form of communication and that he knew what he was answering "yes" and "no" to. Gregory backed up many of the things that Detective Howard Grant said during his testimony on Tuesday, which included that Chandler identified Woods as his attacker after being shown a photo of him and asked if it was his attacker.

The defense has argued that only showing a picture of Woods to Chandler was too limited in confirming a suspect in the attack.

Gregory said that before he met with Chandler, Woods was already a suspect and explained why he only showed Chandler one photo of Woods.

"The information we had, that he knew who the suspect was, they knew each other, so a single photo would have been appropriate," Gregory said.

The defense has also argued that the blinks were not clear each time Chandler attempted to respond. You can watch video of the blinking interview above.

"I observed him struggling to lift his eyes and slam them close," Gregory said. "We were given the three blinks, two blinks from the doctors, that's what they used, so that's the procedure we used. I changed it at the end  because sometimes I think there should be two and four blinks so there wouldn't be any discrepancies."

Gregory said they were not able to ask Chandler too much because it was difficult for him to blink.

"I guess in my mind I thought that he would be able to blink a lot easier... as he blinked it was very tasking for him," Gregory said. "We had to really scale back the type of interview we did based on how difficult it was for him to answer the questions"

But Gregory said there was never a time when he contacted Chandler and had a concern that he wasn't understanding what he was saying.

The prosecution rested and the defense put an undercover cop on the stand who questioned the integrity of the confidential informant who mentioned in Tuesday's testimony that Woods had told him he had admitted to shooting a man who owed him money from a drug deal. But Woods never identified Chandler as that person, the informant said.

The informant has already served 10 years for armed robbery and he's facing four more armed robbery charges. He testified he and Woods were in the same pod together at the Hamilton County Justice Center.

During cross-examination, the informant said he contracted Cincinnati police about Woods in the hope of getting a break on charges in connection with a separate homicide case.

Testimony will continue Thursday.

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