Both sides agree: Cincy police shooting trial should be moved

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CINCINNATI (AP) — The murder retrial of a former Ohio police officer should be moved out of Cincinnati because of the “circus-like atmosphere surrounding the case,” a defense lawyer said Friday in agreeing with a previous prosecution request for a change of venue.

Before jury selection resumed, the attorney for former University of Cincinnati police officer Ray Tensing asked that his client’s second trial be held elsewhere.

“The circus-like atmosphere surrounding this case is out of control,” attorney Stewart Mathews said.

Tensing, 27, who is white, has said he feared for his life when Sam DuBose, 43, an unarmed black man, tried to drive away from a 2015 traffic stop. After the jury deadlocked in November in Tensing’s first trial, Hamilton County Prosecutor Joe Deters asked that a second trial be moved away from the intense local attention.

On Friday, Judge Leslie Ghiz acknowledged Mathews’ concerns, calling news media behavior in the case “offensive” and warning she wouldn’t tolerate any interference with the defendant’s right to a fair trial. But she deferred ruling on the change of venue request for the time being to allow for jury selection to continue.

She also rejected a defense motion to dismiss the charges.

Jury selection was interrupted Tuesday because of a legal dispute with news media organizations, including The Associated Press, over restrictions imposed by the judge.

An appeals court last week blocked Ghiz’s original order on media access, such as limiting the number of reporters and use of cellphones and other electronic devices. And Ghiz held a hearing Thursday on the issue.

Afterward, she issued a revised order that relaxed some restrictions and retained others. She also denied a media request for completed juror questionnaires, which include questions on racial attitudes and dealing with police.

During the hearing, Ghiz said many prospective jurors were concerned about their safety if their identities become public.

News media attorney Jack Greiner filed an appeal Friday, saying the order violates First Amendment freedoms.

By Dan Sewell

Associated Press

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