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Tensing trial day 4: Fmr. University of Cincinnati police officer charged with murder

Sam DuBose died during a July 2015 traffic stop
Posted at 4:29 PM, Nov 04, 2016

CINCINNATI -- To say Friday was an eventful day in court would be an understatement.

Day 4 of the Ray Tensing murder trial saw only two witnesses, but the day ran a half-hour late and ended with a gag order. 

Here are the major points:

Judge discussed questionnaire request at day's start

Before the start of the trial, Judge Megan Shanahan explained a request from the Cincinnati Enquirer for the completed jury questionnaires, filed at 8:20 a.m. Thursday. The newspaper wanted the unedited, unredacted documents; Shanahan, with counsel from an attorney in Columbus, agreed to release the completed questionnaires with identifying, personal information redacted.

"I know some jurors expressed concern about their identities being made public," Shanahan said. "I feel your concerns and I respect your wishes."

Watch her address the court in the player below:


The Enquirer withdrew its request for the questionnaires Friday afternoon.

WCPO and WLWT requested the redacted documents after Shanahan brought them up in court Friday. These requests were not withdrawn.

'Use of force' expert said shooting was not justified

The first witness of the day was Scott Haug, a "use of force" expert and police officer. When asked, he said he would describe himself as a professional witness.

Haug compared Tensing's statements and body camera footage to police officer training, protocol and Supreme Court ruling. He said Tensing should not have reached into Sam DuBose's car during the traffic stop and that police are taught to never reach into or lunge towards a car because they could die.

Haug also said Tensing was not being dragged -- consistent with forensic analyst Grant Frederick's testimony Thursday -- and said the shooting "was not justified."

Haug also said DuBose had a state ID in his pocket. This was the first time an ID of DuBose's was mentioned in court.

Watch Haug's testimony in the player below:


Crime scene investigator, graphic crime scene photos

Jimmy Nghia Duck Pham, a crime scene investigator with Cincinnati Police Department, testified after Haugh. He examined the crime scene at Rice and Valencia and walked the jury through photos of the scene.


Photos showed all corners of the car, blood splatter, the marijuana found in DuBose's car and the "smell good" oil in the gin bottle DuBose handed to Tensing. DuBose's body was under a sheet in the street in one photo.

"You need to see all evidence in this case, but you do need to prepare yourself," Shanahan warned the jury.

The photos also showed photos of Tensing, his equipment, shoes and clothes (see point below).

Tensing was wearing Confederate flag shirt when he shot DuBose

We now know why, on Day 2 of the trial, defense attorney Stew Mathews asked detailed questions to UCPD officers David Lindenschmidt and Phillip Kidd regarding officer uniforms.

Tensing was wearing a black T-shirt said "Great Smoky Mountains, 1934" with a Confederate flag in the center of the shirt. It was entered as evidence and shown by Pham. There was no further discussion or questioning about the shirt by the prosecution or defense. It blew up on Twitter, though.

Read more on that here.

Shanahan issues gag order

After a two hour break, during which time at least one juror was discussing the questionnaires release with the judge, Shanahan emerged to adjourn court for the day. Before that, though, she explained that attorneys on both sides of the case were instructed not to talk to media -- and vice versa -- for the rest of the trial. The gag order was due to concerns over juror questionnaires, she said.

Read more on that here.

Watch Shanahan address the court below: