IN THE COURT OF COMMON PLEAS CRIMINAL DIVISION HAMILTON COUNTY, OHIO FILED STATE OF OHIO a CASE NO. B1503961 Plaintiff, DEFENDANT'S MOTION vs. RAYMOND TENSING Gudge Leslie Ghis Defendant. Now comes Defendant, Raymond Tensing, by Counsel, and moves this Court to dismiss the within indictment for the reason that the Prosecuting Attorney of Hamilton County, Ohio, Joseph T. Deters, has willfully and blatantly violated a gag order issued by this court forbidding the parties to the case from speaking with members of the news media. On May 24, 2017 at 1:47 p.m. local Cincinnati, Ohio televis n station Channel 9 posted an article and interview with Deters on its website (copy attached hereto) wherein Deters discussed the upcoming trial scheduled to commence on May 25, 2017 with reporter Tanya O’Rourke. In the article Deters made factual misstatements and speculated as 10 what this Court might do regard to adding lesser charges for the jury’s consideration. Whether or not Deters representations are correctly reported is irrelevant. His violation of the gag order is a blatant attempt to influence and bias prospective jurors on the eve of their reporting date. He has violated the gag order previously and been admonished for it to no avail. Defendant submits that the “bell eannot be uunrung” and the only way to address the prejudicial conduct of the prosecuting attomey is to dismiss the within indictment with prejudice. WHEREFORE, Defendant requests the Court to dismiss the within indictment with prejudice, Soeie M WM. STEWART MATHEWS II (0000748) 817 Main Street, Suite 500 Cincinnati, Ohio 45202 Phone: (513) 621-4849 Fax: (513) 621-5646 Email: smathews@drmlaw.com Moen GWEN CALLENDE! 222 Bast Town Street Columbus, Ohio 43215 Phone: (614) 224-5700 Email: gcallender@fopohio.org by ATTORNEYS FOR DEFENDANT CERTIFICATE OF SERVICE Thereby certify that a true copy of the foregoing Motion To Dismiss was faxed to the office of the Hamilton County Prosecuting Attorney this 24 day of May, 2017, Wy STEWART MATHEWS II (0000748) Attomey for Defendantsawo0s7 Prosecutor says he Winks Judge Griz wil cd lesser charges in Tensing case - WCPO Cincinnati, OH wero WEATHER TRAFFIC’ ALL SECTIONS Q WNetber Prosecutor says he thinks Judge Ghiz will add lesser charges in Tensing case Deters talks with Tanya O'Rourke BY: Tanya O'Rourke POSTED: 1:40 PM, May 24, 2017 UPDATED: 8 mins ago * Share Article CINCINNATI -- While he can't say much -- due to an active gag order -- Hamilton County Prosecutor Joe Deters said he thinks Ray Tensing will face additional charges in his second trial, Judge Leslie Ghiz can add lesser charges for the jury's consideration, and Deters said he thinks she'll opt to do that. The ex-police officer is charged with murder and voluntary manslaughter, the same charges he faced in his first trial. Deters said jurors in the first trial voted 10-2 to convict Tensing of voluntary manslaughter (he didn't specify when this vote took place). That vote, in part, helped Deters’ office to try Tensing again. "With that overwhelming potential for guilt on one of the counts, we decided to retry," he said. Shortly after Judge Megan Shanahan declared a mistrial in the November 2016 trial, Deters said he wouldn't change the charges against Tensing because "they mateh the crime." Deters said Tensing purposefully shot unarmed motorist Sam DuBose in the head in Mount Auburn in July 2015. However, Deters said Judge Ghiz -- who is hearing the new trial -- could add lesser counts to close _ntpilwuw ope cominewsicrimelprosecute-says-he thinks judge-qhiz-will- ade esser-charges-intensing-case 18sseac017 Prasecxtor says he thinks Judge Ghz wil add lesser charges in Tensing case - WCPO Cincinnati, OH * WCPO. JQ WEATHER TRAFFIC ALL SECTIONS Q INSIDER Deters made the decision to retry the case and filed a motion for a change of venue. However, he announced in January that he wouldn't try to case; he said he wouldn't have time @ amidst the resentencing hearing of convicted serial killer Anthony Kirkland, also scheduled to begin this month. Three weeks ago, the KIrkland hearing was postponed to Aug. 21. "This was a hard decision for me, as I feel strongly about prosecuting the Tensing case myself, but it is crucial that both cases have prosecutors assigned who can properly prepare,” he said. Chief Assistant Prosecutors Seth Tieger and Stacey DeGraffenreid will prosecute the Tensing se. Deters was hard on himself following the mistrial. He said "I need to do better." In hindsight, the prosecutor said he wishes he "was more eloquent and persuasive to the jury.” RELATED: WCPO files complaint over rules for media during Tensing retrial “But Lam who I am and I did my best," Deters said. "But when you're dealing with police officers and things like that, it's kind of a crap shoot." Deters said there were two jurors who “would not convict a police officer. "Some people said ‘you're never going to get a unanimous conviction against a police officer, and I kind of poo-pooed on that,” Deters said. "But there were two jurors who just would not convict a police officer, period.” Jury selection begins Thursday morning, About 250 potential jurors will report to the Hamilton County courthouse to fill out questionnaires. Web Editor Marais Jacon-Duffy contributed to this report. © close rio shvww.wcpo caminewsletimelprosecioe-says-he-thrks judge f¥2-wl- 2d Lossor-chorgos-i-tening-case