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Defense wants t-shirt with Confederate flag out of Tensing trial

Tensing's attorney filed a motion to keep the shirt with a Confederate flag out of the second trial (WKRC file)

CINCINNATI (WKRC) - Ray Tensing's attorneys have filed a motion to keep the black t-shirt with a Confederate flag on it out of the former officer's upcoming retrial. Tensing is charged with murder and voluntary manslaughter for the death of Sam DuBose.

In the court filing, Stu Mathews calls the Great Smoky Mountains shirt inflammatory and irrelevant. He says allowing the t-shirt to be admitted as evidence would "unduly arouse the passions of the jury". It was evidence in Tensing's first trial.

Tensing was wearing the black t-shirt under his uniform shirt at the time of the shooting on July 19, 2015. In his first trial, Tensing testified that UC police officers are required to wear a black t-shirt under their uniforms. He said a relative gave it to him.

During Tensing's testimony, Prosecutor Joe Deters asked, "Do you know how offensive your t-shirt was offensive to the African American community?" Tensing replied, "That shirt means nothing to me".

Mathews also filed a motion to request a hearing to call into question the prosecution's main video expert, Grant Fredericks. During the first trial, Fredericks showed Tensing's body cam video frame-by-frame. According to Mathews motion, the defense has learned about information he says calls into question the Fredericks' expert qualifications.

Judge Leslie Ghiz scheduled a hearing on May 3, to settle the issue.

No word when Judge Ghiz will rule on Mathews' motion regarding the t-shirt.. Jury selection is set to begin May 25.

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