CINCINNATI (FOX19) - A judge on Monday released the formerly sealed questions jury members asked during deliberations in the second trial for Ray Tensing.
The release came the same day after murder and voluntary manslaughter charges were formally dropped against the former University of Cincinnati police officer in the fatal shooting of Samuel DuBose during a 2015 traffic stop.
Jurors had three questions, according to the documents:
- "May we have a list of the Defense witnesses?" According to the transcript, Hamilton County Common Pleas Court Judge Leslie Ghiz gave them the names.
- "Can we have a copy of the audio and video from Roder's presentation? We were only given the paper format." Scott Roder was the defense's forensic video expert. He created a computer generated animation of the shooting, but Ghiz did not allow it into the trial. She denied the jury's request.
- "What is the legal definition of passion and/or sudden passion?" The judge directed them to page 15 of the jury instructions.
Hamilton County Prosecutor Joe Deters announced last week his office would not seek a third trial against Tensing, 27, in the death of DuBose, 43.
The first two trials ended in deadlocked juries and mistrials.
The Department of Justice is now reviewing all evidence, including some not permitted in court, to see if they will pursue a civil rights violation case against Tensing.
It's not clear how long that investigation could take, but it is not expected to be wrap up anytime soon.
By comparison, federal officials took three years to review a case in suburban Dayton involving Beavercreek police fatally shooting a 22-year-old Fairfield man carrying an air rifle from the shelf at a Walmart store in 2013.
They recently opted to not file charges, saying there was insufficient evidence.