Judge recuses herself from second Tensing trial; juror questionnaires to be released

Tues., Nov. 8, 2016: Hamilton County Common Pleas Court Judge Megan Shanahan watches body cam video during witness testimony on the fifth day of witness testimony in his murder trial. The Enquirer/Cara OwsleyTensing is charged with murdering Sam DuBose during a routine traffic stop on July 19, 2015. Tensing's lawyer, Stew Mathews, has said Tensing fired a single shot because he feared for his life. The Enquirer/ Cara Owsley

CINCINNATI (WKRC) - Former University of Cincinnati Police Officer Ray Tensing was back in court Monday morning, just a few weeks after his first trial ended with a hung jury.

On Monday, Judge Shanahan recused herself from the retrial, saying Tensing deserves to start the second trial with a blank slate.

Judge Tom Heekin will hear the retrial of Ray Tensing and all motions, such as a change of venue request. Prosecutor Joe Deters has asked that the retrial take place outside Hamilton County.

The argument for the release of questionnaires was also renewed Monday. The Cincinnati Enquirer and other news organizations' attorneys fought for questionnaires that jurors in the first trial filled out to be released. This became an issue in the first trial, causing the jurors to refuse to come back into the courtroom at one point, saying they feared for their safety.

The attorneys argue that the public has a right to the information on the questionnaires, but Ray Tensing's attorney argued that the jurors' names and other identifying information should not be released.

Judge Shanahan said the questionnaires will be released with the names and addresses of the jurors redacted. They will be released to the media by Tuesday at 4 p.m.

Local 12 did not request personal information on the jurors. Local 12 did want to speak to jurors after the mistrial if they wanted to speak to the media. None chose to do so. Local 12 respected the jurors’ privacy and will continue to do so.

The prosecutor maintains Tensing murdered Sam DuBose during an off-campus traffic stop in July of 2015. That's why he's retrying him on the same charges: Murder and voluntary manslaughter.

To get a murder conviction, Deters must convince a jury of 12 that Tensing purposely killed DuBose, something that has been tough up to this point.

The defense asked for a change of venue before the start of the first trial and that request was denied.

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