Jurors Won't See Tensing's Confederate Flag T-Shirt

May 26, 2017

Jurors in the Ray Tensing retrial will not see images of the t-shirt Tensing was wearing under his uniform when he fatally shot Sam DuBose during a 2015 traffic stop.

Hamilton County Judge Leslie Ghiz Friday ruled out the black t-shirt bearing a confederate flag.

The prosecution said it wanted the shirt allowed because, since it shows no damage, it would go against the defense's claim that Tensing was dragged.

The defense asked to exclude the shirt and the judge agreed.

"It is the court's opinion that the probative value of this shirt is far outweighed by the prejudicial value. It will be excluded," Ghiz said. "If it had been a black t-shirt that said 'all people are God's children,' I still would exclude it. It is too prejudicial to the jury."

The shirt was introduced into evidence during the first trial, though there was no prior hearing about it as there was this time.

Videos of three traffic stops Tensing made prior to pulling over DuBose will be allowed.

Video analysts for both sides were certified as experts, though forensic animations made by the defense witness, Scott Roder, won't be allowed.

The judge said she had viewed the animations and determined they make an imperfect scenario seem too perfect.

The prosecution is calling forensic video analyst Grant Fredericks. He also testified during the first trial.

Jury selection is set to begin Tuesday.