Community leaders call for a third Tensing trial - Cincinnati News, FOX19-WXIX TV

Community leaders call for a third Tensing trial

Samuel DuBose (file) Samuel DuBose (file)
Samuel DuBose's family is calling for a third trial. (Cincinnati Enquirer) Samuel DuBose's family is calling for a third trial. (Cincinnati Enquirer)
CINCINNATI (FOX19) -

The DuBose family spoke out Friday, demanding  "Justice for Sam DuBose" by way of a third trial for Ray Tensing.

The family was joined with leaders of the Black Lawyers Association of Cincinnati, the Cincinnati Chapter of the NAACP and other organizations in front of the Hamilton County Prosecutor's office. 

"Justice is defined as fairness, equity, evenhandedness, impartiality, objectivity, neutrality, honesty, and righteousness, among other things. And despite what others may say, we have yet to have a trial with these qualities or components. Settling for anything else will be a total miscarriage of justice," said the family leaders in a joint statement.

 DuBose, 43, was shot and killed at a traffic stop by former University of Cincinnati police officer Tensing, 27, in July 2015.

Tensing has been tried twice on charges of murder and voluntary manslaughter, but both ended in mistrials. 

In a letter to Prosecutor Deters, the group cited "nine out of the twelve jurors showed explicit racial bias on their jury questionnaire responses."

In addition, they noted a lack of "contrary character evidence" in the first trial, portraying Tensing's "negative interactions with African Americans during other traffic stops" and Judge Leslie Ghiz's "biased evidentiary rulings toward the defense counsel" in the second.

One of these rulings includes Ghiz's refusal to "allow Tensing's Confederate Flag T-shirt (which he was wearing under his uniform the date that he shot Sam DuBose) to be introduced as evidence during the trial."

After the mistrials, it remains unclear whether Hamilton County Prosecutor Joe Deters will try Tensing for a third time.

Deters said it may be too late to re-indict the ex-cop on lesser charges.

“Tensing was indicted on July 29, 2015," he said in the WLW radio interview. "We had 270 days to bring previously uncharged crimes and that would have been April 23, 2016. So the first day of the trial was Nov. 1, 2016. Six months before the trial even started we were out of time to charge anything else. That was over, that was totally over.”

Bishop Bobby Hilton says the community needs to see a conviction to restore their faith in the justice system. "The community is very frustrated. They are tempered but it's frustration great frustration because we look at the justice system to be fair and just to all and we simply have not seen that."

"We believe that our power is greater as we stand United to say that it's time for a fair trial," said Hilton.

The leaders say they have called Joe Deters for a meeting but have not heard from him.

"It is unique we have yet to see a fair trial and it shouldn't take three but if it takes three. If it takes four then we need to do it. This case is not done. The DuBose family is not done," said Hilton.

FOX19 NOW reached out to the Defense Attorney Stew Matthews, he did not have a comment on Friday's press conference. He says he's waiting to see what Joe Deters does. 

We also reached out to Deters office who did not have a comment. 

Judge Ghiz set a July 24 court date for prosecutors to appear before her and advise how they plan to proceed after the second mistrial.

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