Judge: No Confederate flag T-shirt in officer’s retrial

FILE – In this Nov. 11, 2016, file photo, former University of Cincinnati police officer Ray Tensing, center, leaves court during jury deliberations in his murder trial in Cincinnati. Attorneys for Tensing, charged with killing an unarmed black man, filed a motion Monday, May 1, 2017, saying jurors at Tensing's retrial shouldn't see the T-shirt with a Confederate flag emblem he was wearing under his uniform, The Cincinnati Enquirer reports. A jury deadlocked and a judge declared a mistrial Nov. 12, 2016, on charges of murder and voluntary manslaughter in the July 2015 shooting of unarmed black motorist Sam DuBose during a traffic stop. A photo of the T-shirt was shown at Tensing's first trial. (AP Photo/John Minchillo, File)

CINCINNATI (AP) — The judge in the murder retrial of a white Ohio police officer who fatally shot an unarmed black motorist says prosecutors can’t show jurors the officer’s undershirt depicting a Confederate battle flag.

Hamilton County Judge Leslie Ghiz agreed Friday with Ray Tensing’s defense attorneys that the shirt is potentially too prejudicial to allow as evidence.

Prosecutors say the T-shirt Tensing wore under his uniform the 2015 day of Samuel DuBose’s death was relevant because it was undamaged. They say that counters Tensing’s claim he was getting dragged by DuBose’s car as he tried to drive away from a traffic stop.

The former University of Cincinnati officer testified in his first trial that the Great Smoky Mountains T-shirt with the flag meant nothing to him.

That jury couldn’t reach a verdict consensus.

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