UPPER MARLBORO, Md. (WUSA9) -- A video which shows a paralyzed man blinking to identify an alleged shooter was ruled admissible by a Maryland appeals court on Thursday.
In November 2013, a judge ruled that video showing Melvin Pate blinking at a photo lineup in his hospital room after he was shot in 2010 would not be admissible in court.
The shooting left Pate paralyzed and unable to speak. Pate passed away in 2012 from injuries sustained in the shooting.
The Maryland Court of Special Appeals overturned the ruling Thursday.
The judge in 2013 said the video was not admissible because, under the confrontation clause in the 6th amendment, the suspect has a right to confront his accuser. The suspect, Jermaine Hailes, cannot confront Pate because he has passed away.
The state argued that a dying declaration is exempt in this case, and the court agreed.
"We hold that the dying declaration, like forfeiture by wrongdoing, is exempted from the coverage of the confrontation clause," the Court said Thursday.
The state plans to proceed to trial in this case, however, defense counsel has the option to file an appeal with the Court of Appeals.
Hailes remains jailed on a no bond status.
