Defense: Exclude Confederate flag shirt at officer’s retrial

FILE - In this Nov. 28, 2016, file photo, Ray Tensing enters court for the first time since his mistrial in Cincinatti. Tensing, the former University of Cincinnati police officer, is charged with the murder of Sam DuBose during a routine traffic stop on July 19, 2015. Leslie Ghiz, the judge now presiding in the police shooting case plans to discuss the second trial for Tensing. Ghiz scheduled a Monday morning, Dec. 12, hearing on Tensing’s retrial. (Liz Dufour/The Cincinnati Enquirer via AP, Pool, 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.

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