No decisions made in latest Ray Tensing court hearing - Cincinnati News, FOX19-WXIX TV

No decisions made in latest Ray Tensing court hearing

FOX19 NOW/file FOX19 NOW/file
Ray Tensing took the stand at his first trial last fall. (FOX19 NOW/file) Ray Tensing took the stand at his first trial last fall. (FOX19 NOW/file)
Samuel DuBose was shot and killed at a July 2015 traffic stop. (FOX19 NOW/file) Samuel DuBose was shot and killed at a July 2015 traffic stop. (FOX19 NOW/file)
CINCINNATI, OH (FOX19) -

No decisions were made after Ray Tensing's attorney were expected to question evidence and a key prosecution witness in a hearing Wednesday.

Mobile users: Watch the hearing live here 

The defense team for the former University of Cincinnati police officer want to keep jurors in his upcoming murder retrial from seeing the "Great Smokey Mountains" t-shirt depicting the Confederate flag Tensing wore under his uniform the day he shot and killed Samuel DuBose at a 2015 traffic stop.

In a motion filed this week, Tensing’s attorneys say the T-shirt “contains nothing of evidentiary value, is irrelevant and highly inflammatory.”

Showing it to the jury would "unduly arouse the passions of the jury, rendering them unable to perform their duties as an impartial fact-finder," they wrote in court records.

“In order to preserve (Tensing’s) constitutionally guaranteed rights of due process a fair trial and an impartial jury, any evidence related to the T-shirt should be excluded.”

Related story: Ray Tensing murder retrial set to start May 25

Attorneys also are questioning the qualifications of the prosecution's star witness in the first trial, forensic video expert Grant Fredericks.

Fredericks testified Tensing's own body camera video shows Tensing drew gun and pointed it at DuBose’s head after DuBose restarted his car, but before it moved.

Tensing initially told investigators he pulled his service weapon because he was being dragged by the car and feared for his life.  He testified at trial it was his "perception" he was being dragged.

Fredericks told jurors the video shows Tensing shot DuBose before DuBose's car barely moved.

Tensing: 'I fired at him because I thought he was going to kill me'

The defense also wants to add Scott Roder to their witness list to provide video analysis of the body cam footage.

It's not clear when Hamilton County Common Pleas Court Judge Leslie Ghiz will issue her decisions.

She is proceeding over the May 25 retrial and has issued gag order barring prosecutors and Tensing's defense from talking to the press.

The first trial last fall ended in a mistrial with a hung jury.

Tensing faces charges of murder and voluntary manslaughter. 

Another hearing is set for May 22.

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