Questions arise concerning choice of experts, evidence in Tensing retrial
CINCINNATI (WKRC) - Which video experts will testify and whether a “Smoky Mountain” T-shirt bearing a Confederate Flag is evidence are issues that must be settled before Ray Tensing is retried later this month.
Ray Tensing is the former University of Cincinnati cop who was tried for the murder of Sam DuBose during a traffic stop in July 2015.
It ended in a mistrial.
Ray Tensing was back in court on Wednesday because both sides are challenging each other’s video experts.
In the first trial, the prosecution's expert broke down the body cam video frame by frame and said Tensing pointed his gun at Sam DuBose's head before the car moved and shot less than a second later.
Tensing testified he shot DuBose because he was being dragged by the car, and was afraid for his life.
In a motion, Tensing's attorney says there is now information calling into question the qualifications of expert Grant Fredericks and asked for what's called a “Daubert hearing.”
Prosecutors want the same thing calling into question a new defense expert witness, forensic animator Scott Roder.
Roder says the evidence room includes a team of experts in everything from medicine and science to the law to recreate crime scenes.
Roder said that his expertise is officer-involved shootings. He said he only takes cases he believes in and he said he believes in this one.
Tensing's attorney is also trying to keep that “Smoky Mountain” T-shirt with a Confederate Flag out of the trial.
Tensing wore the shirt under his uniform that day. A black undershirt is required, Tensing said it was all he had.
A white cop killing an unarmed black man while wearing a shirt with a Confederate flag got national news.
Tensing’s attorney says it is irrelevant, highly inflammatory and would unduly arouse the passions of the jury.
Later this month there will be a hearing so the judge can decide which experts will testify and whether or that shirt will be evidence in the trial.
The forensic animator says there are 11 reconstructive animations for this case, based on the body cam video.