Ex-officer's attorney wants murder trial moved

The attorney for the former University of Cincinnati police officer charged with murder in the shooting of an unarmed motorist has asked a judge to move the trial to another county.

In documents filed Wednesday in Hamilton County Common Pleas Court, attorney Stew Mathews asks that the trial be moved "to a location where (the defendant) can receive a fair and impartial trial before a jury that has not been tainted by massive inflammatory, prejudicial and unfair pretrial publicity."

Ray Tensing, who was fired after being indicted, is charged with murder in the July 19 killing of Sam DuBose. Tensing shot DuBose during a traffic stop for a missing front license plate, after it appeared DuBose was starting to drive away. The incident was captured on Tensing's body camera.

A trial is set for Nov. 16 before Judge Megan Shanahan.

Mathews has previously said that a change of venue will be difficult. He said it hasn’t happened during the nearly 40 years he has practiced in the county.

In the motion for change of venue, Mathews cites the July 29 news conference during which Hamilton County Prosecutor Joe Deters announced charges against Tensing. He says Deters “made multiple inflammatory, derogatory and prejudicial statements” about Tensing.

Among Deters’ statements: “This is the most asinine act I’ve ever seen a police officer make.”

And when Deters was asked whether he believed Tensing intentionally tried to mislead investigators, he said: “I think he was making an excuse for a purposeful killing of another person.”

Mathews also points to comments by Cincinnati city officials, saying the city manager, mayor and police chief “have essentially pronounced (Tensing) guilty of the charges.”

Among the statements highlighted in the motion:

Mayor John Cranley: “Body cameras brought not a certain agenda, but the truth. In this case, as the prosecutor said, the truth turned out to be murder.”

Police Chief Jeffrey Blackwell: “The officer was wrong.”

City Manager Harry Black: “We need to make sure that we learn something from this situation to ensure that Mr. DuBose’s death is not in vain.”

Mathews also takes issue with city officials and media outlets he said “promoted the idea” that there would be riots if Tensing had not been indicted or if he is not convicted.

“This cloud of doom that has been created hovers over each and every potential juror in Hamilton County,” Mathews says. “These potential jurors will certainly be tempted to sacrifice (Tensing) … regardless of what the evidence is, in order to preserve peace in the streets and neighborhoods of the city of Cincinnati.”