New judge in Tensing trial may recuse himself from case

Judge orders retrial for Ray Tensing

CINCINNATI (FOX19) - The new judge presiding over the retrial of former University of Cincinnati Police Officer Ray Tensing in a fatal shooting of Samuel DuBose could recuse himself from the case.

Hamilton County Common Pleas Court Judge Tom Heekin tells FOX19 NOW that he is considering the move because of a conflict of interest. Heekin served as a guardian ad litem for DuBose's child, Nigel, during the probate process.

Hamilton County Common Pleas Court Judge Megan Shanahan recused herself from the case during a hearing Monday morning.

[Judge orders retrial for Ray Tensing, recuses herself]

Also during that hearing, Shanahan refused a defense request to acquit Tensing and agreed to retry him on charges of murder and voluntary manslaughter.

Hamilton County Prosecutor Joe Deters asked for the retrial after Shanahan declared a mistrial on November 12 with the jury hung on both counts.

If Heekin stays on the case, he will decide whether to move the trial out of Hamilton County.

Heekin was appointed earlier this year and then re-elected.

He is expected to announce his decision Tuesday.

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