As long-time readers are aware, I started covering this case back in January shortly after former BART police Officer Johannes Mehserle shot and I believe purposefully killed Oscar Grant while he laid face down (and I believe handcuffed behind his back) on the ground with another police officer kneeling on his neck. It was an outrageous display of police overreaction, violence and abuse. And it was all caught on video by at least 4 sources I am aware of.
Many people still are completely unaware of the events that happened on January 1st at 2am. That’s because the national news media has never covered even 30 seconds of this news story. In fact the media made it obvious that they were willfully concealing this news story when national coverage of riots in Oakland, California – directly the result of the apparent attempted police cover-up of this murder – failed to mention this case or any of the people involved.
But I have followed the case. Including the sudden attempt by Mehserle to avoid investigation by resigning from the police, the extended timeframe required for the D.A. to press charges – after serious local pressure, the long-term denial by prosecutors and defense (and the news media) of multiple recordings of the entire murder, and the more recent changing excuses and blatant lies by police officers at the scene of the murder.
I am doing this because Justice needs to prevail. And I truly believe that if we do not continue to watch this case, and scream at the top of our lungs for justice, Johannes Mehserle will walk away from this without so much as a slap on the wrists.
Thus I reported that the preliminary trial in June of 2009 found that there was a wealth of evidence to go to trial. That trial date was November 2, 2009. But all has not been quiet in this case.
Johannes Mehserle, who is out of jail on bail – something you and I would likely not have the ability to do based on the nature of this crime and the video evidence – and his lawyers have tried to get the entire case thrown out of Court. Their argument is that Alameda County Superior Court Judge C. Don Clay unfairly allowed evidence into the hearing. They claim the ruling to go to trial is “arbitrary, capricious and patently absurd”.
The defense stated
“Rains said Mehserle shouldn't face murder charges because there's no evidence that he exhibited malice during the two and a half minutes he was on the station's platform before the shooting. He said that at the most, Mehserle should face a lesser charge such as manslaughter.
But at the end of the hearing, Clay said, "There is no doubt in my mind that Mr. Mehserle intended to shoot Oscar Grant with a gun, not a Taser" because Mehserle had both his hands on his gun when he fired that shot that killed Grant.
Rains said on Friday that Clay's remark was an error because the defense's Taser expert would have testified that Taser users are trained to use both hands on their stun guns while firing.”
Judge Thomas Reardon obviously did not agree. Something I am greatful for and was worried about. Because shooting an unarmed man in the back while they lay face down with an police officer on their back and not resisting tends to seem malicious to me. And the testemony of a Taser expert does not change that.
So the case will again start on November 2. Unless the Mehserle defense team can win on another motion they are presenting. Which is to move the trial out of Alameda County. Which harkens to the move of the Rodney King trial police retirement community of Simi Valley. And we know how that verdict came out. This will be decided on October 2, 2009.
Keep you fingers crossed and pray the Scales of Justice are not rigged in Johannes Mehserle’s favor by the legal system.
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