Here Are The Questions Asked By The Tensing Jury

Jul 24, 2017

Hamilton County Judge Leslie Ghiz Monday unsealed the two questions asked by jurors in the second Tensing trial.

Ghiz ordered the records sealed at the time "because I was not sure if this was going to be tried a third time and, in that event, I did not want to taint any kind of a jury pool we would have in Hamilton County."

Ghiz dismissed the murder and voluntary manslaughter charges against former UC police officer Ray Tensing Monday with prejudice, meaning he can't be tried for them again. Tensing says he shot Sam DuBose during a 2015 traffic stop because he feared for his life. Prosecutors called his actions murder but two juries failed to reach verdicts.

In their first question, jurors on June 20 asked for a list of the defense witnesses and a copy of the audio and video from Scott Roder's presentation, stating they'd only been given a paper copy.

Roder is a video analyst who makes forensic animations. His interpretation of Tensing's body camera video conflicted with the State's expert.

Judge Ghiz responded to the first jury question by reading jurors a list of defense witnesses, but refused to give them the audio and visual components of Roder's testimony, stating "I cannot give you anything other than what you have that was submitted into evidence. So please use your collective memories. You have everything you need in those screen shots."

In the second question on June 22, jurors asked for "the legal definition of passion and/or sudden passion."

According to the newly released court documents, Ghiz spoke with assistant prosecutors Seth Tieger and Stacey DeGraffenreid and defense attorney Stew Mathews before issuing a response to jurors.

"I looked it up," Ghiz said. "It's right in the jury instructions. I think probably what they want is a little clearer definition, but we can't give that to them. So I was just going to put, 'See Jury Instructions, Page 15,' if that's okay."

Mathews and Tieger stated they were fine with that response.