Did Johanned Mehserle Shoot Oscar Grant in the back on accident
- Thread starter Supa SAV'D OUTT
- Start date
Doesn't say if they're gonna allow manslaughter
Mehserle: Judge Rules Against First-Degree Murder Verdict
Posted: 10:36 am PDT June 30, 2010
Updated: 10:39 am PDT June 30, 2010
LOS ANGELES -- A judge ruled Wednesday that there was insufficient evidence to convict a former BART police officer of first-degree murder in the slaying of Oscar Grant III, but will allow the jury to consider a second-degree murder conviction.
After listening to more than two weeks of testimony in the case, Los Angeles Superior Court judge Robert Perry ruled that “the evidence was clearly insufficient” to support the first-degree charge.
He did, however, believe a second-degree murder charge should be considered and was hearing arguments from both sides over whether or not the jury will have the option of either a voluntary or involuntary manslaughter conviction.
Former BART police officer Johannes Mehserle is on trial for the New Year’s Day fatal shooting of Grant as he was detained on the platform of the Fruitvale station. Mehserle has testified that he thought he had drawn his Taser, not his gun, before he pulled the trigger.
He had been charged by Alameda County prosecutors with first-degree murder – a charge he has pled not guilty to.
In a motion filed last week, Alameda County Deputy District Attorney David Stein wanted jurors to consider the options as long as there has been enough evidence to support them.
Defense attorney Michael Rains has said the panel should only be given two choices -- second-degree murder or acquittal.
Second-degree murder is often defined as an intentional killing that isn't premeditated or planned or a killing caused by dangerous conduct and the defendant's lack of concern for human life.
Michael Cardoza, a San Francisco Bay area defense attorney, said Rains is clearly taking an "all or nothing" approach. Cardoza maintains that the jury will not find Mehserle guilty of first-degree murder.
"But a jury could find him guilty of second-degree murder," Cardoza said. "But, they will have some difficulty doing so."
Cardoza said if some jurors are leaning toward second-degree and others aren't, they could more than likely find a compromise either with voluntary or involuntary manslaughter.
"The visceral reaction is not to convict a police officer because we put them out on the streets to do a dangerous and difficult job even though they sometimes don't do it correctly," Cardoza said. "In this case, however, the facts are so egregious because when you see Mehserle shoot Oscar Grant, it would be hard for a jury not holding him to something."
The trial was moved from Northern California because of intense media coverage and racial tensions that led to some violence. Video of the shooting, taken by some bystanders, has been shown on the Internet.
Testimony ended Tuesday as Stein called five witnesses in a brief rebuttal after the defense rested.
The last defense witness was Dr. Thomas Rogers, who performed the autopsy on Grant, 22, and determined the cause of death was a gunshot wound. As Rogers testified, Grant's mother Wanda Johnson cried and briefly left the courtroom.
During the lunch break, she was taken by ambulance to a hospital after apparently being overcome by emotion.
"I think she'll be all right," her brother Cephus "Bobby" Johnson said later.
Stein called three transit officers who were on the platform after the shooting.
All three testified that Mehserle, 28, never told them the shooting was an accident and did not indicate he meant to use his stun gun.
Witness Emery Knudtson said it appeared Mehserle "didn't know what to do" after the shooting.
"I asked if he was all right. He said yes," Knudtson said.
On cross-examination by Rains, Knudtson said he never asked Mehserle what had happened and was taught during training that officers aren't supposed to talk to anyone if they are involved in a shooting.
Mehserle: Judge Rules Against First-Degree Murder Verdict
Posted: 10:36 am PDT June 30, 2010
Updated: 10:39 am PDT June 30, 2010
LOS ANGELES -- A judge ruled Wednesday that there was insufficient evidence to convict a former BART police officer of first-degree murder in the slaying of Oscar Grant III, but will allow the jury to consider a second-degree murder conviction.
After listening to more than two weeks of testimony in the case, Los Angeles Superior Court judge Robert Perry ruled that “the evidence was clearly insufficient” to support the first-degree charge.
He did, however, believe a second-degree murder charge should be considered and was hearing arguments from both sides over whether or not the jury will have the option of either a voluntary or involuntary manslaughter conviction.
Former BART police officer Johannes Mehserle is on trial for the New Year’s Day fatal shooting of Grant as he was detained on the platform of the Fruitvale station. Mehserle has testified that he thought he had drawn his Taser, not his gun, before he pulled the trigger.
He had been charged by Alameda County prosecutors with first-degree murder – a charge he has pled not guilty to.
In a motion filed last week, Alameda County Deputy District Attorney David Stein wanted jurors to consider the options as long as there has been enough evidence to support them.
Defense attorney Michael Rains has said the panel should only be given two choices -- second-degree murder or acquittal.
Second-degree murder is often defined as an intentional killing that isn't premeditated or planned or a killing caused by dangerous conduct and the defendant's lack of concern for human life.
Michael Cardoza, a San Francisco Bay area defense attorney, said Rains is clearly taking an "all or nothing" approach. Cardoza maintains that the jury will not find Mehserle guilty of first-degree murder.
"But a jury could find him guilty of second-degree murder," Cardoza said. "But, they will have some difficulty doing so."
Cardoza said if some jurors are leaning toward second-degree and others aren't, they could more than likely find a compromise either with voluntary or involuntary manslaughter.
"The visceral reaction is not to convict a police officer because we put them out on the streets to do a dangerous and difficult job even though they sometimes don't do it correctly," Cardoza said. "In this case, however, the facts are so egregious because when you see Mehserle shoot Oscar Grant, it would be hard for a jury not holding him to something."
The trial was moved from Northern California because of intense media coverage and racial tensions that led to some violence. Video of the shooting, taken by some bystanders, has been shown on the Internet.
Testimony ended Tuesday as Stein called five witnesses in a brief rebuttal after the defense rested.
The last defense witness was Dr. Thomas Rogers, who performed the autopsy on Grant, 22, and determined the cause of death was a gunshot wound. As Rogers testified, Grant's mother Wanda Johnson cried and briefly left the courtroom.
During the lunch break, she was taken by ambulance to a hospital after apparently being overcome by emotion.
"I think she'll be all right," her brother Cephus "Bobby" Johnson said later.
Stein called three transit officers who were on the platform after the shooting.
All three testified that Mehserle, 28, never told them the shooting was an accident and did not indicate he meant to use his stun gun.
Witness Emery Knudtson said it appeared Mehserle "didn't know what to do" after the shooting.
"I asked if he was all right. He said yes," Knudtson said.
On cross-examination by Rains, Knudtson said he never asked Mehserle what had happened and was taught during training that officers aren't supposed to talk to anyone if they are involved in a shooting.
human being brothers and sisters need to teach the system a lesson and give em a good taste of there own medicine that they only understand and tear shit up if this evil devil is allowed to walk free, that type of verdict would be riduculous and only shows that the system still see's us as second class citizen's when it counts, true story, big up the oaktown crew going through it right now, fuck the police
i think dude in the blue hippie shirt and dreads has nothing to do with the protest and is actually passed out in the middle of the sidewalk
i know history has proven time and again that our justice system is fucked. however, i have a strong gut feeling that this cop is going to get what he deserves. i have yet to hear any group of people defend messerhle, or even express indecisiveness on their stance...this one seems to be pretty one sided in favor of grant, and add to that the pressure being put by activists....im thinking justice may actually be served for this one
i know history has proven time and again that our justice system is fucked. however, i have a strong gut feeling that this cop is going to get what he deserves. i have yet to hear any group of people defend messerhle, or even express indecisiveness on their stance...this one seems to be pretty one sided in favor of grant, and add to that the pressure being put by activists....im thinking justice may actually be served for this one
