Judge: Sam Dubose’s medical, criminal records not admissable to Ray Tensing trial

Ray Tensing, left, sits at the defense table in Hamilton County Common Pleas Judge Megan Shanahan's courtroom to start the jury selection process in his murder trial, Tuesday, Oct. 25, 2016, in Cincinnati. The former University of Cincinnati police officer is charged with murder in the shooting death of Samuel DuBose. Tensing remains free on a $1 million bond. His attorney Stew Mathews has said Tensing fired a single shot because he feared for his life. Jury orientation and the filling out of lengthy questionnaires are planned for Tuesday. (Carrie Cochran/The Cincinnati Enquirer via AP, Pool)

CINCINNATI, Ohio (WLWT) — A judge ruled that Sam Dubose’s medical and criminal records may not be introduced into the trial of Ray Tensing.

However, the fact that marijuana was found in Dubose’s car and on his person the day he was shot will be admitted, the judge ruled.

Tensing is accused of murder and voluntary manslaughter in the death of Sam Dubose, who Tensing shot during a traffic stop in July 2015.

Tensing’s attorney Stew Matthews filed a motion last week asking Judge Megan Shanahan to allow his team to talk about Dubose’s criminal and medical records during the trial.

Wednesday, Matthews argued that the medical records, which include treatment the 43-year-old man received in April and July of 2015, could shed light on Dubose’s state of mind when he was stopped. Dubose believed he was going to jail because of marijuana found in his car, Matthews argued, and he had a medical issue that “gave him reason to flee.”

Dubose’s criminal history includes 46 convictions, mostly for driving without a license and misdemeanor marijuana infractions. Five of those were felonies, Matthews said.

Shanahan dismissed the claim that the medical condition would give Dubose reason to flee as a “leap” but allowed that the marijuana found on Dubose and in his car – between 200 and 1,000 grams – could be introduced to the trial.

The judge also heard testimony from Robert Topmiller, Chief of Toxicology at the Hamilton County Coroner’s Office, about THC found in Dubose’s blood after his death.

However, Topmiller said, toxicology reports on a dead person do not accurately measure how much marijuana may have been ingested or when it was ingested. Prosecutors said that the report would only serve as a “character assassination” on Dubose.

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