Prosecutor says jury was afraid of their identities being revealed in first trial

Ray Tensing will be tried again; state will seek a change of venue

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WEBVTT GET A CONVICTION. SO HE DECIDED TO RETRY THIS CASE. AS FOR THE CHANGE OF VENUE,HAT WILL BE UP TO THE JUDGE. >> I CAN TELL YOU THIS, AS OF FRIDAY NIGHT WE LEARNED THATE JURY WAS 10-2 FOR VOLUNTARY MANSLAUGHTER. THERE WAS STILL 3 OR 4HAT WERE WILLING TO GO TO MURDER. KARIN: DETERS SAYS THE MAJORITY OF JURORS WANTED SOME SORT OF CONVICTION FOR RAY TENSING. JOE DETERS SAYS THAT CAME INTO PLAY WHEN DECIDING ON WHETH TO RE-TRY THE FORMER U.C. POLICE OFFICER, WHO SHOT AND KILLED SAM DUBOSE DURING A TRAFFIC STOP. DETERS' DECISION NO SURPRISE FOR DEFENSE ATTORNEY STEMATHEWS, WHO SAYS YOU CAN THROW POLITICS INTO THE MIX AS WELL. >> I THINK ABSOLUTELY POLITI CAME INTO PLAY. YOU KNOW, FROM THE MOMENT TH MISTRIAL, FROM WITHIN MINUTES OF THE DECLARATION OF MISTRIAL, WE HAD CITY HALL DOWN THERE HAVING A PRESS CONFERENCE SAYING TT WE'VE GOT TO GET A CONVICTION IN THIS CASE AND JOE BETTER RETRY IT. >> HE'S JUST WRONG. IT'S NOT TRUE. KARIN: THE CHARGES AGAINST RAY TENSING WILL BE THE SAME, MURDER AND VOLUNTARY MANSLAUGHTER. THE VENUE COULD BE DIFFERENT >> IF WE'RE SUCCESSFUL IN MOVING THIS TRIAL TO ANOTHER JURISDICTION, OUT OF THIS DIA MARKET, I THINK THAT OUR ARGUMENTS WILL BE MUCH MORE PERSUASIVE. KARIN: DETERS REQUEST FOR A CHANGE OF VENUE WOULD HAVE TO BE GRANTED BY JUDGE MEGAN SHANAHAN. WILL STEW MATHEWS FIGHT IT? >> AT THIS POINT I'NOT GOIN TO COMMIT WHETHER WE WANT A CHANGE OF VENUE OR NOT, BUT I AM LEANING TOWARD I'D RATHER KEEP IT HERE IN HAMILTON COUNTY, SINCE WE SUCCESSFULLY PICKED A JURY THE LAST TIME KARIN: I ASKED MATHEWS I THERE'S A CHANCE TENSING COD PLEAD IN THIS CASE AND AVOID ANOTHER TRIA HE TOLD ME A PLEA HAS NEVER BEEN DISCUSSED, AND ONE THING IS CERTAI HE SAYS TENSING WILL NOT PLEAD GUILTY TO MURDER,ND HE DOUBTS DETERS WOULD OFFER ANYTHING LESS. REPORTING LIVE DOWTOWN, KARIN JOHNSON, WLWT NEWS 5. SHEREE: GETTING BACK TO THE CHANGE OF VENUE. WOULD IT HAVE TO THE SAME SIZE CITY AS CINCINNATI OR WHERE CAN THEY MOVE IT TO? KARIN: IT COULD BE ANYWHERE IN THE STATE. DETERS SAID HE WOULD LI FOR IT TO BE IN COLUMBUS OR CLEVELAND, BUT THAT'S NOT UP TO HIM. FIRST, LET -- JUDGE MEGAN SHANAHAN WOULD HALF -- HAVE TO GRANT A CHANGE OF VENUE, THEN IT WOULD BE UP TO HER TO FIGURE OUT WHERE IT GETS MOVETO.

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A white former University of Cincinnati police officer will be tried again in the shooting death of a black man during a traffic stop after a jury couldn't agree on a verdict in the first trial. Hamilton County's prosecutor announced Tuesday that there will be a new trial for Ray Tensing. The state will request a change of venue, he added. "It is our belief that the public attention that's been focused on the Tensing case could have, in fact, seeped into the jury room," said Deters. Watch the full press conference here | Read the press release. 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. Everything you should know about the Ray Tensing case Deters said that he believes that the jury discussed penalty and sympathy during deliberations. Juries are instructed not to take those issues into consideration. "I just want people to follow their oaths, do what the judge asks them to do, and if they do that I think we have a probability of success at trial," Deters said. He added that his interviews with jurors and the votes taken during deliberations convinced him that Tensing could be found guilty at a second trial. At one point during the trial, the jury "revolted," Deters said, refusing to leave the jury room. They were afraid of their identities being made public during the trial, Deters added. Judge Megan Shanahan told jurors that media had requested the questionnaires they filled out during jury selection. Later that day, there was a hours-long break in the trial that was never explained publicly. On the next day of trial, Shanahan announced that an alternate juror left the trial due to privacy concerns. Tensing's attorney, Stewart Mathews, has asked the judge to acquit Tensing. Tensing testified that he feared for his life when DuBose tried to drive away. DuBose family members, the Cincinnati City Council and groups including faith leaders have pushed for a new murder trial. Prosecutors said repeatedly during the trial the evidence contradicted Tensing's story. Deters said after the mistrial the jury was leaning toward a conviction on voluntary manslaughter. The jury of 10 whites and two blacks was seated Oct. 31 for the first trial. To convict Tensing, now 27, of murder, jurors had to find he purposely killed DuBose, 43. The charge carries a possible sentence of 15 years to life in prison with conviction. The voluntary manslaughter charge means the killing happened during sudden passion or a fit of rage. That carries a possible sentence of three to 11 years. Deters had said immediately after the trial that he expected to make his decision by Nov. 28 on whether to retry Tensing. That's the date the judge set for a hearing in the case. The case is one of several across the country calling attention to how police deal with blacks.