CINCINNATI — Former University of Cincinnati police officer Ray Tensing was wearing a T-shirt featuring a Confederate flag under his police uniform at the time he fatally shot Sam DuBose. The shirt was part of the presentation of evidence Friday in the murder trial.
The T-shirt was submitted as evidence during the testimony of Cincinnati police crime scene investigator Jimmy Nghia Duc Pham. Pham testified investigators found a jar containing marijuana within the 1998 Honda Accord DuBose was occupying, three bags of marijuana in the Accord and a "couple" of bags in DuBose's pockets.
Court took a 10-minute recess following the introduction of evidence gathered by crime scene investigators.
Earlier, a use-of-force expert called by the prosecution testified that Tensing's decision to reach into DuBose's vehicle and "knock out" the ignition key "was technically unsound."
Post Falls, Idaho Police Chief Scot Haug, a recognized use-of-force expert, said DuBose did not pose a threat or serious harm to Tensing at the time he was fatally shot on July 19, 2015. Haug testified that U.S. law says a police officer can't shoot a fleeing suspect unless there's a threat of death or serious injury to officers or others.
During cross-examination, Tensing attorney Stew Mathews asked Haug if he would agree the situation was tense, rapidly evolving and uncertain. Haug agreed, but said, "I think the officer, based on his decision at the time, escalated the situation and then reacted to that escalation." He said DuBose was partially to blame for the escalation.
"There's certainly not a bright line rule, every situation is a little different," Haug said.
Haug agreed with Thursday's testimony from Grant Fredericks, a forensic video analyst, that the 1998 Honda Accord DuBose was occupying was in motion before the shot was fired. Fredericks testified the Accord was moving 0.178 seconds before the fatal shot was fired.
Hamilton County Common Pleas Judge Megan Shanahan said partially redacted versions of completed juror questionnaires in the Tensing trial would be released to the public.
The news comes after a public records request submitted by The Enquirer's Sharon Coolidge. Shanahan said identifying information in each questionnaire would be redacted and that she personally reviewed each questionnaire to ensure no identifying information would be visible.
The Enquirer sought the questionnaires, which potential jurors filled out, in order to learn more about the jury pool and selection process.
Shanahan also explained to jurors that because the normal legal representation for Hamilton County judges, Hamilton County Prosecutor Joe Deters, was prosecuting this case, Mark Landes from the law firm Isaac Wiles in Columbus was hired to handle media requests, as The Enquirer had previously reported.
The Cincinnati Enquirer