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Ohio judge recuses herself from new
murder trial of former police officer
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 [November 29, 2016]
By Ginny McCabe
CINCINNATI (Reuters) - A new judge will
hear the second murder trial of a former University of Cincinnati police
officer who killed a black motorist during a traffic stop last year
after the original judge recused herself from the case on Monday.
Hamilton County Judge Megan Shanahan said in court that she would not
hear the retrial of former officer Ray Tensing, 27, who shot Samuel
DuBose, 43, in the head during a traffic stop after pulling over DuBose
for a missing front license plate on his vehicle in July 2015.
"It's this court's opinion that the retrial should be conducted with
that blank slate on all matters surrounding evidence and procedure,"
Shanahan told an Ohio court on Monday.
"I find that this court is otherwise disqualified to preside over the
retrial of the State versus Raymond Tensing."
The case has now been assigned to Hamilton County Common Pleas Court
Judge Tom Heekin.
The jury of six white men, four white women and two black women failed
on Nov. 12 to reach a verdict on whether Tensing was guilty of charges
of murder or voluntary manslaughter, prompting Shanahan to declare a
mistrial.
Hamilton County Prosecutor Joe Deters said on Nov. 22 that he would
retry Tensing. Deters said a change in venue was also necessary.
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Former University of Cincinnati police office Ray Tensing is seen in
an undated booking photo from the Hamilton County Sheriff's Office
in Ohio. Hamilton County Sheriff's Office/Handout via REUTERS
During the traffic stop Tensing asked DuBose to remove his seatbelt
and tried to open the car door. DuBose did not comply and closed the
door. The vehicle started rolling forward slowly as Tensing pulled
his gun and fired once.
Tensing was fired from the University of Cincinnati Police
Department after being indicted in July 2015. He pleaded not guilty
and was released on $1 million bond.
(Writing by Timothy Mclaughlin in Chicago; Editing by Lisa Shumaker)
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