Other Tensing prosecution expert: Juries in both trials didn't h - Cincinnati News, FOX19-WXIX TV

Other Tensing prosecution expert: Juries in both trials didn't hear all evidence

FOX19 NOW/file FOX19 NOW/file
Defense forensic video expert Scott Roder testifying (FOX19 NOW/file) Defense forensic video expert Scott Roder testifying (FOX19 NOW/file)
Prosecution forensic video expert Grant Fredericks on the stand. (FOX19 NOW/file) Prosecution forensic video expert Grant Fredericks on the stand. (FOX19 NOW/file)
Ray Tensing in court with his lawyer, Stew Mathews. (FOX19 NOW/file) Ray Tensing in court with his lawyer, Stew Mathews. (FOX19 NOW/file)
CINCINNATI, OH (FOX19) -

As jurors deliberate for a third day in the Ray Tensing murder retrial, a forensic expert hired by the prosecution who never testified says the jury didn't hear what he calls "critical findings."

"I am shocked that after two trials, the juries and people in the county still have not heard all the scientific evidence," said Craig Fries, founder and president of Precision Simulations in a phone interview Tuesday from his office in Grass Valley, California.

Fries has created or directed over 1,200 3D forensic animations for use in criminal and civil litigation.

He said he was hired by the county back in 2015, before the first trial, and was paid about $24,000 to analyze footage from Tensing's body camera. He said he analyzed the images and audio.

Fries also analyzed the crash report and other evidence at the scene of the July 2015 traffic stop that ended with Tensing, then 25, fatally shooting DuBose, 43, in the head.

Tensing has said he fired his gun because he was being dragged from DuBose car and feared for his life.

Prosecutors insist Tensing is lying and did not need to use deadly force. They indicted him on charges of murder and voluntary manslaughter. 

Fries said if Tensing is acquitted now after his first trial ended with a jury unable to reach a unanimous decision "some of the blame would rest on the prosecution.

"They were made aware of this information but did not understand how much these nuances would mean. A second here is everything," he said.

The forensic video expert who the prosecution did use to testify at both trials, Grant Fredericks, was "incredibly thorough" and did come up with the best analysis of the body camera footage, Fries stressed.

Prosecution expert: Tensing shooting DuBose 'unjustified'

But, Fries noted, Fredericks admitted on the stand he did not analyze the sound.

And that was the "fatal flaw" in Frederick's analysis of the footage, the defense's video expert, Scott Roder told jurors.

Roder testified that he heard heavy revving of an engine believed to be DuBose car.

Roder is the founder of The Evidence Room, an Independence, Ohio-based forensic animation company.

He did not testify in the first trial. Overall, Roder has testified in more than 500 cases in 24 years.

However, in a tense cross-examination with Assistant County Prosecutor Stacey DeGraffenreid, Roder conceded he has never testified before as a forensic video expert.

The judge certified him one for this trial.

When asked if he believed he is a forensic video expert Roder responded: "Apparently I am now."

Other "critical finding" Fries said he would have told jurors based on his analysis of all available evidence in the case:

  • Tensing's gun fired after the car had moved a maximum of 3.2 feet
  • The video track on Tensing’s body cam was delayed a half second later than the audio. "This is very critical. A properly synchronized video is available."
  • The vehicle moved a maximum of 3.2 feet in the maximum of 0.8 seconds before the shot was fired, based on performance data for that year Honda.  The 7 feet claimed by the defense would require a “muscle car”.
  • In Roder’s report, he extended that to 2.4 seconds, but in testimony conceded that number to be the time after the engine started, not the time the car was moving, based on simple trigonometry.
  • The vehicle moved an absolute maximum of 4 inches – and possibly zero inches – toward Tensing before he shot, based on simple trigonometry.
  • It takes 0.4 seconds on average for an officer to pull the trigger in response to an expected stimulus. This certainly was not expected, and therefore would take have taken significantly longer
  • It takes an average of 1.7 seconds for an officer to reach for his firearm, u-holster it, raise it to chest level, aim and shoot one round.

"If these values are factored into the analysis – and they must be – then Tensing made the decision to shoot at DuBose well before the vehicle moved at all," Fries said.

He was not used in both trials because prosecutors, he said, misunderstood a federal court ruling and felt they would have prevented them from using duplicate expert witnesses. 

One of the prosecutors on the retrial, DeGraffenreid, did contact him to go over some of his report as she prepared to cross examine Roder, he said.

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