From The Cincinnati Enquirer The judge presiding over the Ray Tensing murder trial now has outside counsel after learning The Enquirer and other media outlets might sue over camera placement in the courtroom and other public access issues.
It's expected to cost roughly $250 to $350 an hour, though no set rate has been determined. That's standard when outside counsel is hired. The prosecutor's law enforcement trust fund will cover the cost because the issue behind the request is making sure there is public access to the courtroom and keeping public peace.
This is the first time an outside lawyer has been called in to help with the media. But Hamilton County Prosecutor Joe Deters is personally prosecuting the case and there is intense community scrutiny, said Jim Harper, Chief Deputy of the Hamilton County Prosecutor's Office civil division.
"We wanted a second opinion so everyone is treated fairly," Harper said.
Harper made the decision after speaking to Common Pleas Court Judge Megan Shanahan, who is presiding over the case.
The judge presiding over the Ray Tensing murder trial now has outside counsel after learning The Enquirer and other media outlets might sue over camera placement in the courtroom and other public access issues.
It's expected to cost roughly $250 to $350 an hour, though no set rate has been determined. That's standard when outside counsel is hired. The prosecutor's law enforcement trust fund will cover the cost because the issue behind the request is making sure there is public access to the courtroom and keeping public peace.
This is the first time an outside lawyer has been called in to help with the media. But Hamilton County Prosecutor Joe Deters is personally prosecuting the case and there is intense community scrutiny, said Jim Harper, Chief Deputy of the Hamilton County Prosecutor's Office civil division.
"We wanted a second opinion so everyone is treated fairly," Harper said.
Harper made the decision after speaking to Common Pleas Court Judge Megan Shanahan, who is presiding over the case.
The Enquirer learned lawyer Mark Landes from the law firm Isaac Wiles in Columbus was hired after Enquirer lawyer Jack Greiner was told Tuesday to discuss further issues with Landes. Previously Greiner had been dealing with Court Administrator Pat Dressing,
"As soon as Judge (Megan) Shanahan learned that local media was considering bringing a lawsuit about cameras in the courtroom and access to juror questionnaires, she knew she might need an attorney to represent her," Dressing wrote in a provided statement. "Since the lawyer for all county judges is Joe Deters (who is one of three prosecutors arguing the case against Tensing), Judge Shanahan asked the top civil attorney in the prosecutor's office to assign her an outside law firm so she could avoid being represented by someone who is already a lawyer in the Tensing case."
Shanahan preferred a firm outside of Cincinnati and one with experience representing judges, Dressing said. Landes and his firm have been selected by the Ohio Supreme Court to represent judges in two appellate districts.
Dressing added Landes is advising the judge solely on issues "surrounding the news media and potential legal issues with them."
Greiner, who has represented the Enquirer in hundreds of cases, said "in my experience, it is unusual for a county official to use outside counsel."
"Typically they rely on the prosecutor's office," Greiner said.
For instance, during the case against suspended Hamilton County Juvenile Court Judge Tracie Hunter outside counsel was ultimately appointed, but primarily because Hunter fought for the right to hire her own lawyer.
The Enquirer spent the early part of the week fighting for greater camera access to the court after early placement allowed for little to be shown to the public. That changed Thursday in the wake of a conversation between Greiner and Landes, who drove to Cincinnati to discuss the issue, came to an agreement after court Tuesday.
The Enquirer has also requested completed jury questionnaires, which editors, reporters and counsel believe are public record. The Enquirer does not want to name jurors. It is seeking racial and demographic information about the entire pool of 200 jurors.
Tensing, a former University of Cincinnati police officer, is facing charges of murder and involuntary manslaughter for the July 19, 2015 fatal shooting of Sam DuBose during a traffic stop. The trial got underway with jury selection Monday. Opening statements were heard Tuesday. Jurors heard the first testimony Wednesday.