Judge rejects motion to toss out Tensing retrial - Cincinnati News, Weather, Sports from FOX19 NOW-WXIX

Judge rejects motion to toss out Tensing retrial

Samuel DuBose and Ray Tensing (FOX19 NOW/file) Samuel DuBose and Ray Tensing (FOX19 NOW/file)

The retrial of Ray Tensing is underway with potential jurors reporting to the Hamilton County Courthouse Thursday.

Tensing, 27, also is due back in court as the jury selection phase of the retrial begins.

Judge Leslie Ghiz said she expects the trial to last three weeks.

The defense and prosecution will select from a pool of 243 potential jurors. In the first phase of jury selection, Judge Leslie Ghiz instructed potential jurors to refrain from reading, watching or listening to news during the trial.

She assured the group that all jury members' identities will be kept anonymous from the public.

Jurors filled out questionnaire sheets, which have not been released to the public. Ghiz said she "will not entertain the releasing of juror questionnaires until after the trial.”

On Wednesday, it was revealed that Hamilton County Prosecutor Joe Deters was quoted in a media story about the case, suggesting that Ghiz could add lesser charges to the original ones.

That prompted Tensing's attorneys to ask the judge to dismiss the case, arguing Deters publicly discussing the case could sway the jury. However, Judge Ghiz rejected the motion, saying it violates a gag order by the prosecution but everything Deters discussed with the media was all known information to the public already.

“I am frankly very angry that either party would do this, this close," said. Ghiz. “I do not believe dismissing the case is in the best interest of anybody.”

Special coverage plan: Where you can watch the Ray Tensing trial

The former University of Cincinnati officer testified in his first trial last fall that he feared for his life when he fatally shot Samuel DuBose  as DuBose tried to drive away during a July 2015 traffic stop.

The first trial lasted two weeks before ending in a hung jury and mistrial in November.

Tensing faces 15 years to life in prison if he is convicted of the murder charge.

The lesser charge of voluntary manslaughter carries a maximum penalty of 11 years

Full coverage: Ray Tensing Trial

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