Friday, October 09, 2009

Oscar Grant trial - now its about 'emotional' African Americans

It's just one of those days. The racial bias in the news just seems to be rolling of the presses. This time its in reference to a trial I have long been discussing. Johannes Mehserle.

Johannes Mehserle is the former officer that allegedly shot the unarmed and defenseless Oscar Grant in the back on January 1st of this year. It was the first murder of the year (I believe), and was the unofficial welcome to office for President Obama.

I have stated in no uncertain terms, that I believe Mehserle is guilty. The fact that at least 4 separate videos of the shooting exist that I have seen, in addition to preliminary testimony for police that is at best questionable, plus the actions to evade prosecution by Mehserle have all led to that belief. But according to the lawyer for Mehserle it is that combination of facts, which cause me to be upset, that guarantee no African American can be fair in the trial without even presenting a single piece of evidence for Johannes Mehserle.

In fact, the defense has gone so far as to ask for a change of venue to move the trial out of Almeda County. They have stated that polls (of unknown quality and suspect technique) done for the defense show that 80% of all African Americans in Almeda County believe Mehserle is guilty. The defense has inferred that African Americans are too emotional and devoid of logic to put aside their passions and evaluate facts.

Thus if the trial is not moved, an action and motivation that allowed the officers on trial for the Rodney King beating to evade justice, the defense - Michael Rains - has requested the following:

"Mehserle will be entitled to question every black juror, in private, in substantial depth, about prejudgment. The questioning will be intense, awkward, personal and uncomfortable."


So I take it that the defense plans to either move the trial because 87% of Almeda County (the non-Black resident percentage) just hangs on the every word and thought of the Black community there, or any African American called to jury duty and selected for this trial will be taken to the side and intimidated in a style reminiscent of Mississippi in 1960.

Now my job may be to comment on events in the nation and the world and in doing so express my opinions and feelings - but I have no illusion that everyone that reads what I write agrees with me. No matter the color of their skin, age, religious background or sex. Yet the defense in this case is trying to claim exactly that same kind of situation. Essentially they are insulting every person of color in the nation and reviving streotypes that just can't seem to be left for dead in the past.

45% of all people polled by the defense stated that they had no opinion, or favored, Mehserle. So far there is no legal evidence presented - since the trial has yet to start. But if the defense thinks that just poking at race will allow Mehserle to bypass the legal system I think Mehserle should plan for a long stay in a very small room.

It is one thing for evidence to prove that Mehserle is innocent. It is a far cry differnt for race baiting to allow him to avoid prosecution.

So I come to this conclusion, Mehserle knows that testimony from officers found to have changed their story multiple times is not enough. That video from multiple sources makes a very clear and strong case. That an unarmed man lying on the ground face down isn't a threat to anything but an ant. That all of this combined equates to life in jail, UNLESS enough prejudice can be stirred up beforehand to create a biased verdict in his favor.

That's not emotion, that's logic based on facts at hand. But if Rains wants emotion I will take a moment and provide him some - if his client gets convicted I would love to see him get the death penalty.

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