Tensing retrial scheduled to begin in May in Hamilton County

Posted at 6:02 AM, Dec 12, 2016

CINCINNATI -- Judge Leslie Ghiz decided Monday that the retrial of ex-UCPD officer Ray Tensing will begin in May and stay in Hamilton County.

The new trial is set to begin May 25, 2017.

Judge Megan Shanahan declared a mistrial in November after jurors couldn't come to a unanimous decision. Prosecutor Joe Deters decided a few weeks later to retry Tensing on the same two charges -- murder and voluntary manslaughter -- and request a change of venue.

Tensing's attorney Stew Mathews said he did not want the retrial moved, although he requested a change of venue for the first trial on behalf of his client.

DuBose's family members have said they don't want the trial moved and want Tensing to be convicted where the shooting happened.

Deters can still make a motion to move the trial, and the trial's location still hinges on the ability to seat an impartial jury.

Regardless of the location, legal experts say Deters faces an uphill battle as he will need to find jurors willing to convict a police officer. Finding a judge to take the case has been just as hard as setting a new trial date. Judge Shanahan "disqualified" herself from hearing the retrial, as she was almost full-term in her pregnancy when Deters decided to retry. After that, two judges recused themselves before the court landed on Judge Ghiz.

The next court hearing is scheduled for Jan. 23.

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