The Latest: Attorney leans toward opposing trial move




CINCINNATI (AP) — The Latest on an Ohio prosecutor's decision whether there will be a new trial for a white officer in the shooting of an unarmed black man at a traffic stop: (all times local):

1:45 p.m.

The attorney for a white former police officer facing a second murder trial is indicating he will oppose the prosecutor's request to move it out of the Cincinnati area.

Attorney Stewart Mathews says he doesn't have an immediate position, but would lean toward keeping Ray Tensing's trial in Hamilton County. Mathews says there are various reasons, including an "extreme hardship" logistically and financially to have the trial in another county.

Mathews had asked for a change of venue before the first trial, but notes a jury was seated. He says he doesn't think moving the trial would have a huge impact on the case outcome.

Hamilton County Prosecutor Joe Deters announced Tuesday he will retry the case, but wants a jury away from local pressures after a mistrial.

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12: 45 p.m.

A state police union leader is criticizing a prosecutor's decision to retry a former University of Cincinnati officer he says had to make a split-second, "life-or-death judgment call."

Fraternal Order of Police of Ohio president Jay McDonald adds in a statement that the murder case against Ray Tensing could be a "dangerous precedent" that might cause other officers to hesitate in a critical moment.

McDonald says the case is especially meaningful at a time when police officers around the country are being targeted and assassinated.

Hamilton County prosecutor Joe Deters (DEE'-turs) announced Tuesday he will retry Tensing on murder and voluntary manslaughter charges in the 2015 shooting death of black motorist Sam DuBose during a traffic stop. A mistrial was declared Nov. 12 after jurors couldn't reach a verdict.

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11:15 a.m.

A black Cincinnati city councilwoman is praising the Hamilton County prosecutor's decision to retry a white former University of Cincinnati police officer on murder and voluntary manslaughter charges.

Yvette Simpson says she is pleased that Joe Deters (DEE'turs) "will continue to fight for justice" for the family of Sam DuBose, the black man fatally shot by Ray Tensing during a 2015 traffic stop.

Simpson also says in a statement that while a new venue will be logistically challenging, it could provide better opportunity for a fair and impartial trial and unanimous verdict.

Deters says he wants to move the trial to find jurors who aren't afraid or feeling pressure.

Tensing's attorney Stewart Mathews didn't immediately return messages Tuesday seeking comment.

There is a Nov. 28 hearing scheduled in the case.

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10:20 a.m.

An Ohio prosecutor who plans to try again a white University of Cincinnati police officer in the fatal shooting of an unarmed black motorist during a 2015 traffic stop says he'd like to have the new trial in spring of next year at a different location. He suggested Cleveland or Columbus, two other large Ohio cities.

Hamilton County Prosecutor Joe Deters (DEE'-turs) said Tuesday he will prosecute since-fired officer Ray Tensing on murder and voluntary manslaughter charges, after a Nov. 12 mistrial on those charges because of a hung jury. Deters has said the jury was leaning toward a voluntary manslaughter conviction, but couldn't get unanimity after some 25 hours of deliberations.

Tensing's attorney, Stewart Mathews, has said a retrial "would be fruitless."

Sam DuBose's family members, the Cincinnati city council and groups including faith leaders have pushed for a new murder trial.

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10:10 a.m.

An Ohio prosecutor who plans to try again a white University of Cincinnati police officer in the fatal shooting of an unarmed black motorist during a 2015 traffic stop says he thinks the proceeding needs to be moved to find a jury that won't feel community pressure.

Hamilton County Prosecutor Joe Deters (DEE'-turs) said Tuesday he will prosecute since-fired officer Ray Tensing on murder and voluntary manslaughter charges, after a Nov. 12 mistrial on those charges because of a hung jury. Deters has said the jury was leaning toward a voluntary manslaughter conviction, but couldn't get unanimity after some 25 hours of deliberations.

Deters says he doesn't want race to be an issue in the case, but acknowledged it's "like the elephant in the room."

Tensing's attorney, Stewart Mathews, has said a retrial "would be fruitless."

Sam DuBose's family members, the Cincinnati city council and groups including faith leaders have pushed for a new murder trial.

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10 a.m.

An Ohio prosecutor says he will try again for a murder conviction against a white University of Cincinnati police officer in the fatal shooting of an unarmed black motorist during a 2015 traffic stop and he will seek a change of venue.

Hamilton County Prosecutor Joe Deters (DEE'-turs) says he will prosecute since-fired officer Ray Tensing on murder and voluntary manslaughter charges, after a Nov. 12 mistrial on those charges because of a hung jury. Deters has said the jury was leaning toward a voluntary manslaughter conviction, but couldn't get unanimity after some 25 hours of deliberations.

Tensing's attorney, Stewart Mathews, has said a retrial "would be fruitless."

DuBose family members, the Cincinnati city council and groups including faith leaders have pushed for a new murder trial in the killing of Sam DuBose.

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6 a.m.

An Ohio prosecutor could soon announce whether there will be a new trial for a white former University of Cincinnati police officer, after a jury couldn't agree on a verdict in the fatal shooting of a black man during a traffic stop.

Hamilton County Prosecutor Joe Deters (DEE'-turs) scheduled a Tuesday morning news conference in the Ray Tensing case.

A judge declared a mistrial Nov. 12 when jurors deadlocked after deliberating some 25 hours on charges of murder and voluntary manslaughter in the July 2015 shooting of Sam DuBose.

Tensing's attorney, Stewart Mathews, has asked the judge to acquit Tensing. He said Monday he expects Deters to retry Tensing on the same charges.

Tensing testified that he feared for his life when DuBose tried to drive away.
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