Tensing prosecution ends; defense to begin Thursday - Cincinnati News, FOX19-WXIX TV

Tensing retrial: Prosecution ends, defense to begin Thursday

Tensing looks away as autopsy photos are presented Wednesday. (Cincinnati Enquirer) Tensing looks away as autopsy photos are presented Wednesday. (Cincinnati Enquirer)
Martin Odom, a Cincinnati police criminologist, testifies during the first trial last year. (FOX19 NOW/file) Martin Odom, a Cincinnati police criminologist, testifies during the first trial last year. (FOX19 NOW/file)
Notations made by Hamilton County Deputy Coroner Dr. Karen Looman showing the entrance and exit of the bullet that killed Samuel DuBose as seen by the jury on Nov. 7, 2016, in Ray Tensing's first trial. (Cara Owsley/Cincinnati Enqurier) Notations made by Hamilton County Deputy Coroner Dr. Karen Looman showing the entrance and exit of the bullet that killed Samuel DuBose as seen by the jury on Nov. 7, 2016, in Ray Tensing's first trial. (Cara Owsley/Cincinnati Enqurier)
Mike Trimpe testifying during the first trial last year. (FOX19 NOW/file) Mike Trimpe testifying during the first trial last year. (FOX19 NOW/file)
CINCINNATI, OH (FOX19) -

Jurors in the Ray Tensing retrial heard from the final prosecution witnesses Wednesday. 

The defense will begin presenting its case Thursday.

Several officials with the Hamilton County Coroner's Office and a Cincinnati police criminologist testified:

  • Michael Trimpe, with the Hamilton County Coroner's Office, examined Tensing's duty belt and boots and said there was no evidence on the boots of dragging. However, Trimpe said during the cross-examination that just because there was no obvious evidence of dragging, that did not mean Tensing had not been dragged.

  • Dr. Karen Looman, chief deputy coroner, then testified about what she saw at the scene of the shooting.

She said DuBose was shot once, and the bullet went through his brain stem, causing instantaneous death.

The jury was shown photos from DuBose's autopsy.

Tensing looked down the entire time so he wouldn't have to look at the images.

When asked if DuBose was completely healthy when he died, Looman said no, but she did not elaborate.

The judge in the last trial barred Tensing's lawyer from telling jurors about DuBose's medical history, and Ghiz is not permitting it either.

Stew Mathews wanted jurors to hear about medical treatment DuBose received in the months before the shooting.

He wrote in court records that evidence may help "explain why DuBose was apparently anxious to drive away from the traffic stop." 

DuBose's unnamed medical condition "was one of multiple reasons that he reacted in the manner in which he did when simply asked to produce his driver's license, Mathews wrote.

Prosecutors, however, contended that DuBose medical issues were "clearly irrelevant" and "intended merely to impermissibly attack the character of Samuel DuBose."

  • Kevin Lattyak, firearms supervisor in the coroner's crime lab, talked about Tensing's UCPD-issued service weapon that killed DuBose.

In the first trial, he told jurors he fired the .40-caliber handgun several times and it operated normally.

He told jurors Wednesday it doesn't have a "hair trigger."

The gun was fired at close range, 1 to 2 feet away from DuBose.

Mathews asked if Lattyak experienced recoil when he test-fired the gun.

Yes, he responded, but it never moved him.

  • Brian Scowden, coroner's chief drug analyst, examined the gin bottle found in DuBose's Honda Accord.

He told jurors he found no ethyl alcohol or drugs of abuse in the bottle.

Another analyst found chemicals used to make perfumes or deodorizers in it, he said.

Scowden said he found seven bags submitted for drug testing. Four had marijuana.

Once he hit 200 grams of the drug, he said he didn't test the rest of the bags.

Under cross examination, Mathews pressed Scowden if the amount of marijuana found in DuBose's car would have resulted in a felony charge.

The prosecution objected.

Mathews asked Snowden if that was a significant amount of marijuana.

He responded he has seen more, but it's not a small amount.

Mathews asked Snowden to specifically account for the number of prescription drugs found in the car.

Six, he responded, and 16 other "drug items."

Recap of testimony Tuesday

Tensing faces charges of murder and voluntary manslaughter.

The murder charge carries the possibility of life in prison if he is convicted.

The voluntary manslaughter charge could put Tensing in prison for 3 to 11 years.

His first trial ended with a deadlocked jury and mistrial in November.

Full coverage:Ray Tensing retrial

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