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Defense: Exclude Confederate flag shirt at officer’s retrial

FILE - In this Nov. 11, 2016, file photo, former University of Cincinnati police officer Ray Tensing, center, leaves court during jury deliberations in his murder trial in Cincinnati. Attorneys for Tensing, charged with killing an unarmed black man, filed a motion Monday, May 1, 2017, saying jurors at Tensing's retrial shouldn't see the T-shirt with a Confederate flag emblem he was wearing under his uniform, The Cincinnati Enquirer reports. A jury deadlocked and a judge declared a mistrial Nov. 12, 2016, on charges of murder and voluntary manslaughter in the July 2015 shooting of unarmed black motorist Sam DuBose during a traffic stop. A photo of the T-shirt was shown at Tensing's first trial. (AP Photo/John Minchillo, File)

CINCINNATI (AP) — Attorneys for a white former University of Cincinnati policeman charged with killing an unarmed black man say jurors at his retrial shouldn’t see the T-shirt with a Confederate flag emblem that he was wearing under his uniform.

The Cincinnati Enquirer ( ) reports Ray Tensing’s lawyers argue the shirt doesn’t have evidentiary value and should be excluded to preserve a fair trial.

A photo of the shirt was shown at Tensing’s first trial during testimony about what he was wearing when he shot Sam DuBose during a July 2015 traffic stop. The photo spurred debate about the shirt’s relevance.

Tensing has said he feared for his life as DuBose tried to drive away and that the shirt’s flag emblem meant nothing to him.

His first trial ended with a hung jury.


Information from: The Cincinnati Enquirer,

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