Tensing defense team files motion for acquittal after second mistrial

Posted at 6:38 PM, Jun 27, 2017
and last updated 2017-06-28 07:59:18-04

CINCINNATI -- Ray Tensing's defense team, perhaps energized by a second mistrial and the knowledge that a majority of retrial jurors supported the ex-UC officer's acquittal in the death of Sam DuBose, filed a motion Tuesday to acquit him of all charges.

Tensing shot and killed DuBose, an unarmed black motorist, during a traffic stop in 2015. He twice stood trial on charges of murder and voluntary manslaughter; both rounds in court ended with deadlocked juries and declarations of mistrial.

EDITORIAL: Use the Tensing case to demand change

"The evidence elicited during the (second) trial regarding Count One - Murder was insufficient to convince even a majority of jurors beyond a reasonable doubt of the truth of the charge," defense attorney Stew Mathews wrote in the motion. "Additionally, defendant emphasizes the total lack of evidence to support Count Two of the indictment - Voluntary Manslaughter."

Mathews requested the court, as represented by Judge Leslie Ghiz, "give deference to the vote of the jury" and acquit Tensing of both charges. If she were to do so, the state would have no legal recourse to prosecute Tensing again.

That wouldn't sit well with DuBose's family, who hours earlier called for Tensing to be tried a third time and accused Ghiz of having been biased in favor of the defense. Local activist organizations such as Black Lives Matter Cincinnati and the AMOS Project have also planned demonstrations for Wednesday night to voice their desire for a third trial and a successful conviction.

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