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http://www.chattanoogan.com/articles/article_76510.asp
A 29-year-old man facing a first-degree murder charge is legally deaf, Criminal Court Judge Rebecca Stern ruled Monday.
The defense had sought the ruling because it is contesting the confession given to a Chattanooga detective by Alex Smith.
Smith is charged with gunning down Desmond Foster, who investigators say was trying to get out of his car in East Chattanooga when Smith walked up and opened fire.
Foster tried to escape by climbing back through his car, but fell dead to the pavement, police said.
Prosecutor Boyd Patterson said it is a case of first-degree murder.
Assistant Public Defender Karla Gothard raised the issue of the confession given to Det. Kenneth Freeman, saying Smith is profoundly deaf.
She called an audiologist from the Speech and Hearing Center, who said Smith was first fitted with hearing aids when he was two. The witness said he stopped using one for the left ear when he was nine because it was not helping. She said he can hear only loud noises, not conversation.
The witness said a hearing evaluation done on Smith while he was employed at DuPont was invalid. It said he had perfect hearing.
Judge Stern is to review a transcript of earlier testimony by Det. Freeman prior to ruling further in the case.
Smith is to be given a new hearing test by an examiner who is agreed upon by both sides.
Smith viewed the testimony at the hearing through a computer device that converts speech to written text in real time.
The matter was delayed until Feb. 6.
Police say they have recovered the murder weapon.
A 29-year-old man facing a first-degree murder charge is legally deaf, Criminal Court Judge Rebecca Stern ruled Monday.
The defense had sought the ruling because it is contesting the confession given to a Chattanooga detective by Alex Smith.
Smith is charged with gunning down Desmond Foster, who investigators say was trying to get out of his car in East Chattanooga when Smith walked up and opened fire.
Foster tried to escape by climbing back through his car, but fell dead to the pavement, police said.
Prosecutor Boyd Patterson said it is a case of first-degree murder.
Assistant Public Defender Karla Gothard raised the issue of the confession given to Det. Kenneth Freeman, saying Smith is profoundly deaf.
She called an audiologist from the Speech and Hearing Center, who said Smith was first fitted with hearing aids when he was two. The witness said he stopped using one for the left ear when he was nine because it was not helping. She said he can hear only loud noises, not conversation.
The witness said a hearing evaluation done on Smith while he was employed at DuPont was invalid. It said he had perfect hearing.
Judge Stern is to review a transcript of earlier testimony by Det. Freeman prior to ruling further in the case.
Smith is to be given a new hearing test by an examiner who is agreed upon by both sides.
Smith viewed the testimony at the hearing through a computer device that converts speech to written text in real time.
The matter was delayed until Feb. 6.
Police say they have recovered the murder weapon.