CINCINNATI, OH (FOX19) - The attorney's representing Samuel DuBose's family filed a motion Thursday to keep his medical records private after a judge ordered a hospital to provide DuBose's medical records to Ray Tensing's attorney.
Stu Mathews, who represents the former University of Cincinnati police officer charged with murder in DuBose's fatal shooting, filed a motion for the records during a brief pre-trial hearing Wednesday.
He says he received information that DuBose was suffering from a medical condition that could be significant to the case. He's declined to identify the medical condition.
Court documents show DuBose was being treated for a medical condition at Good Samaritan Hospital during March 2015 and in the weeks before the shooting.
Attorneys for the DuBose family say the records are private citing doctor patient confidentiality.
No hearing on the motion has been scheduled at this point.
Another pre-trial hearing was scheduled for May 10.
Tensing is expected to go on trial Oct. 24 in Hamilton County Common Pleas Court.
Tensing, who also faces a voluntary manslaughter charge, remains free on a $1 million bond. He has pleaded not guilty.
His attorney has said Tensing feared being dragged under DuBose's vehicle as DuBose tried to drive away July 19.
Tensing had pulled over DuBose near campus for his vehicle missing a front license plate.