5/11/2017
The Retrial-applying the facts to the law
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5/11/2017
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The court may transfer an action to any court outside the county
when it appears that a fair and impartial trial cannot be held in
the court in which the action is pending.
Any decision to change venue rests largely within the discretion
of the trial court.
An abuse of discretion implies that the court’s decision was
unreasonable, arbitrary or unconscionable.
JURY TRIAL START TO FINISH
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A careful jury selection process provides the best test of whether
pretrial publicity will prevent a fair and impartial jury in Hamilton
County.
 Ex. Question the jurors about what they have seen in the press and how it may or
may not effect their decision.
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An attempt at seating a jury is usually necessary before a Motion to
Change Venue is granted.
Judge Leslie Ghiz postponed her decision on the Prosecutor’s Motion
for a Change of Venue and decided to attempt to seat a fair and
impartial jury first beginning May 25, 2017.
JURY TRIAL START TO FINISH
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The State of Ohio failed to use all of it’s peremptory challenges
in the 1st trial.
A Jury was impaneled very quickly (1 day) in the 1st trial.
Not enough questioning of potential jurors about their troubling
responses to the jury questionnaires.
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Cuyahoga County
30.3%
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Hamilton County
26.2%
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Franklin County
22.5%
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Montgomery County
21.2%
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Lucas County
19.8%
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Black Lawyers Association of Cincinnati does not know whether
a fair and impartial jury can be impaneled in Hamilton County.
We must wait and see during the jury selection process which
should include:
a more careful review of the potential juror’s responses to the jury
questionnaires and
 More careful questioning of any response that tends to show potential
bias or prejudice.
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5/11/2017
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The jury source list should include (1) the registered voters, (2)
the list of licensed drivers and (3) state I.D. holders who are 18
years old or older from the registrar of motor vehicles if this will
better diversify the pool of jurors.
BLAC will submit a public records request to the Ohio BMV to
find out if adding driver’s licenses and state I.D.s. will create a
more diverse source list.
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5/11/2017
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Hamilton County Court of Common Pleas Judges have the authority to
change the local rules and authorize the use of driver’s licenses and state
I.D.’s.
Ohio State Senators and Representatives have the authority to change the
law to require the use of driver’s licenses and state I.D.’s.
Ohio Supreme Court’s 1999 Report of the Ohio Commission on Racial
Fairness recommended this, but the recommendation has been ignored by
Ohio courts.
Ohio law should be changed to include tax rolls and utility rolls, and any
other source necessary to make the process as inclusive as possible.
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To speak the truth.
The search to find jurors that can be fair and impartial
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Attitudes/Actions – Does a potential juror possess an attitude or
engage in actions that would qualify or disqualify them from
jury service on your particular case?
Beliefs – What does the potential juror believe about people,
process, or the criminal justice system?
Life Experiences – Does the juror possess life experiences that aid
or diminish their suitability for service on your specific case?
JURY TRIAL START TO FINISH
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5/11/2017
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#126 “Some races and/or ethnic groups tend to be more violent
than others” Strongly agree, agree, Strongly disagree, disagree?
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#113 There has been a lot of discussion about the number of
unarmed African Americans shot by police officers. Do you feel
there is a problem in this area and what do you think are the
causes of the problems?
#27 Do you believe that it is the duty of law enforcement to
enforce all laws regardless of the severity of the offense?
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5/11/2017
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#30 Do you think police are selective in who they stop for minor
violations?
#97 Can you set aside any feelings you have coming into this
trial about the guilt or innocence of Raymond Tensing, and
assure the Court that these feelings will not influence you
verdict?
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5/11/2017
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#84 Will any feelings you have about groups like “Black Lives
Matter” affect or impact your ability to be fair and impartial?
#87 What are your feelings about support groups for officers
involved in shootings of civilians?
#122 Is there any racial or ethnic group that you do not feel
comfortable being around?
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5/11/2017
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#96 Do you have an opinion before this trial begins as to the
guilt or innocence of Raymond Tensing?
#124 Have you ever had a frightening experience with a person
of another race?
#161 Are you concerned that an acquittal in this case could lead
to civil unrest?
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5/11/2017
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In the jury selection process attorneys are trying to balance the
lesser of 2 evils. There is no way of knowing how good/bad a
juror is until you know who the potential juror would be
replaced with if excused.
EXAMPLE: A juror actually in the jury box has expressed in
question 126 that he strongly believes some races are more
violent than others. An attorney may make a strategic decision
to keep him on the panel if the person that the juror would be
replaced with expressed that he “could never convict an on duty
officer of murder.”
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5/11/2017
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A potential juror must indicate a willingness to disregard what
he/she has heard about the case in the media, and rely instead on the
evidence and law presented during the trial.
Any potential juror that cannot under any circumstances convict an
on
duty
police
officer
of
murder
for
killing
a
citizen/motorist/suspect must be excluded because that is not being
fair and impartial.
Any potential juror that believes nothing less than conviction is
justice must be excluded because that is not being fair and impartial.
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5/11/2017
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Hamilton County Common Pleas Judges have found Batson
protects the Defendant as well as the State from denying people
of a certain races from serving on a jury because of the person’s
membership to that race.
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MURDER 2903.02(A)
Purposely caused the death of SAMUEL DUBOSE
 15 years to life in prison
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VOLUNTARY MANSLAUGHTER 2903.02(A)
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Knowingly cause the death of SAMUEL DUBOSE
While under the influence of sudden passion or sudden fit of rage
Brought on by serious provocation by the victim
Reasonably sufficient to incite the defendant into using deadly force
3 to 11 years in prison
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Reckless Homicide 2903.041
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Recklessly
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Cause another’s death
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A felony of the third degree (non-violent)
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Penalty: 9 to 36 months
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5/11/2017
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Relevant evidence is not admissible if its probative value is
substantially outweighed by the danger of unfair prejudice, of
confusion of the issues, or of misleading the jury.
Confederate Flag T-shirt?
 Marijuana in the car?
 Sam Dubose Mental Health Records?
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