Another Mistrial In Tensing Case

[Brian D.]

I just watched the raw body cam footage in the link below...and sorry folks...I just don't see any legitimate reason to put a bullet in the guys head.

http://www.wcpo.com/news/crime/ray-tens ... ext?page=2

That's not what hung the jury. Charging Tensing with murder or voluntary manslaughter, with no option for conviction for lesser offenses such as involuntary manslaughter, negligent, or reckless homicide, has been the problem from day one. (Being local, you probably already knew that, I'm explaining for benefit of non-SW Ohioans.) That is the opinion of every court-practicing attorney interviewed about this around here.

[glocksmith]

Oh I agree with you. It's hard to believe that old Joe Deters screwed up so bad. I used to think highly of him.

[Mustang380gal]

I watched the raw video too. Maybe it's night-shift brain, but it seemed to go south incredibly fast.

If after 30+ hours of deliberation, the jury could not determine whether he should or should not have shot, how can we really expect that in mere seconds he is able to completely think through all implications of whether or not to shoot? Can we not believe someone when a person says I was inn fear for my life, and I shot to stop the threat? Isn't that what we are taught?

And is justice really served if you try the same person for the same act over and over until you finally get a jury to decide your way? The prosecution struck out twice. Time to let it go.

[glocksmith]

Time to let it go.

"They" aren't going to let it go. Do you really want another officer to pay for Tensing's mistake? That happened last time, and it will probably happen again.

[WestonDon]

"They" aren't going to let it go. Do you really want another officer to pay for Tensing's mistake? That happened last time, and it will probably happen again.

You are probably right, and that's just terrible. To convict Tensing just because the natives are getting restless would be even more terrible IMO.

[Brian D.]

Oh I agree with you. It's hard to believe that old Joe Deters screwed up so bad. I used to think highly of him.

I really want to believe Deters charged Tensing with such serious counts for the proper reasons, rather than political pandering to rowdy rhymin' radical rabble. Not sure about his motivation now.

[Mustang380gal]

"They" aren't going to let it go. Do you really want another officer to pay for Tensing's mistake? That happened last time, and it will probably happen again.

You are probably right, and that's just terrible. To convict Tensing just because the natives are getting restless would be even more terrible IMO.

Exactly. They had their chance to convict and could not do it. Enough.

[TJW815]

I just watched the raw body cam footage in the link below...and sorry folks...I just don't see any legitimate reason to put a bullet in the guys head.

http://www.wcpo.com/news/crime/ray-tens ... ext?page=2

While watching a video is one thing, you weren't there feeling what he felt.

[docachna]

Lets not assume that the juries are A) patriotic B) Intelligent C) Honest D) Immune from coersion
This is the part where you need a moral, educated culture to uphold your Republic.

I've watched videos of mock juries deliberating in mock trials, where they had been told that the parties had agreed to resolve their case with this jury, so they THOUGHT they were actually deciding the case, where actually, it was just a dry run to examine how juries actually do deliberate (these were civil cases, of course).

It made my blood run cold, listening to some of what I heard. You would be amazed at how some people approach it. And if that's how they're deciding whether to award money, what about deciding whether to take away somebody's liberty ????

[Werz]

Oh I agree with you. It's hard to believe that old Joe Deters screwed up so bad. I used to think highly of him.

I really want to believe Deters charged Tensing with such serious counts for the proper reasons, rather than political pandering to rowdy rhymin' radical rabble. Not sure about his motivation now.

As you know, I've said from the very beginning that the indictment should have included Reckless Homicide. Deters knew that if he added a charge which carried a maximum sentence of three years, Cincinnati would have turned into Ferguson or Baltimore. So he rolled the dice on a charge that was unlikely to be proved. You see, with crimes like murder and rape, people don't care what the elements of the offense are. All they care about is name of the crime, any they are certain they know what it takes to prove it because they saw it on teevee. Well, at least that's how the fist-pounders see it. Once folks get on a jury and hear the elements of the crime and the defenses to that crime, then they say, "Hey! They haven't proved that!" And that's where we are now.

And, no, they cannot re-indict for Reckless Homicide. Speedy trial on all related charges started on the day the first indictment was filed, and the statutory speedy trial time has long since expired on any alternative charges.

[glocksmith]

For reasons Werz spoke of, and others,Tensing may very well get off the hook without any sanction in this case. The real test is IMHO is: will he be allowed to return to policework? If we allow that...and he's crazy enough to don a badge and gun again - especially after killing someone and then spending two years fighting (and narrowly escaping) murder charges - then there's something seriously wrong with us as a society and Tensing as an individual.

[M-Quigley]

I just watched the raw body cam footage in the link below...and sorry folks...I just don't see any legitimate reason to put a bullet in the guys head.

http://www.wcpo.com/news/crime/ray-tens ... ext?page=2

That's not what hung the jury. Charging Tensing with murder or voluntary manslaughter, with no option for conviction for lesser offenses such as involuntary manslaughter, negligent, or reckless homicide, has been the problem from day one. (Being local, you probably already knew that, I'm explaining for benefit of non-SW Ohioans.) That is the opinion of every court-practicing attorney interviewed about this around here.

Wouldn't convicting him of involuntary manslaughter or negligent homicide be a problem when he testified that he intentionally shot him?

[M-Quigley]

For reasons Werz spoke of, and others,Tensing may very well get off the hook without any sanction in this case. The real test is IMHO is: will he be allowed to return to policework? If we allow that...and he's crazy enough to don a badge and gun again - especially after killing someone and then spending two years fighting (and narrowly escaping) murder charges - then there's something seriously wrong with us as a society and Tensing as an individual.

I don't know how true this is, because

A: I can't find any corroborating info on the net, and
B: the source is Willie Cunningham of WLW 700 am radio,

but I heard Bill Cunningham say that the Butler county sheriff Richard K. Jones said that if Tensing was acquitted, he would hire him.

[glocksmith]

I heard Bill Cunningham say that the Butler county sheriff Richard K. Jones said that if Tensing was acquitted, he would hire him.

If that's true, and it really happens...then it'll be a case of glocksmith used to think highly of Sheriff Jones.

[M-Quigley]

I heard Bill Cunningham say that the Butler county sheriff Richard K. Jones said that if Tensing was acquitted, he would hire him.

If that's true, and it really happens...then it'll be a case of glocksmith used to think highly of Sheriff Jones.

I think that if this was true some news organization would be reporting it. One thing I've noticed about Bill Cunningham is I've heard him interview someone, but later when he's talking about something the interviewee said, it's not exactly correct. He's taken something someone said and later infers something the person didn't exactly say. Can a Sheriff in Ohio even hire someone without informing the county commission anyway? I thought that was something a Mont. Co deputy told me once a long time ago about his hiring.