CINCINNATI (AP) - Attorneys for a white police officer who fatally shot an unarmed black motorist are asking a judge to dismiss the case on the eve of his murder retrial, claiming the county prosecutor violated a gag order.
Ray Tensing's defense filed their motion Wednesday less than two hours after a Cincinnati television station posted a story in which Hamilton County Prosecutor Joe Deters is quoted about the case, suggesting that Judge Leslie Ghiz could add lesser charges to the original charges of murder and voluntary manslaughter.
"His violation of the gag order is a blatant attempt to influence and bias prospective jurors on the eve of their reporting date," read the defense's motion filed at 3:30 p.m. Wednesday.
Deters prosecuted the previous case when a jury could not reach a verdict. He is not assigned to Tensing's retrial.
Prospective retrial jurors are scheduled to report Thursday.
The former University of Cincinnati officer testified he feared for his life when Samuel DuBose tried to drive away during a 2015 traffic stop.
The motion was first obtained by The Associated Press.