Ex-BART cop lawyers try again to have DA ousted from case

Former BART officer Johannes Mehserle, shown here during an earlier courtroom appearance, is due in court Monday for his preliminary hearing. Mehserle, who grew up in Napa, faces a murder charge for shooting to death an unarmed man on New Year’s Day | Buy photos

Thursday, May 14, 2009

Comment

By ASSOCIATED PRESS

BART shooting coverage

November 20th, 2009

Murder trial of BART cop moved to LA

November 19th, 2009

Murder trial of BART cop moved to LA

November 18th, 2009

Judge to say where BART shooting trial to be held

October 26th, 2009

Finding spot for BART officer's trial no easy task

October 21st, 2009

Civil trial date set for BART shooting

October 20th, 2009

Civil trial date set for BART shooting

October 17th, 2009

Judge grants change of venue in BART shooting case

October 16th, 2009

Judge grants change of venue in BART shooting case

October 14th, 2009

Oscar Grant's friends sue over treatment after BART shooting

October 9th, 2009

Day 4 for Mehserle change of venue hearing

10:30 a.m.OAKLAND — The lawyer for the former BART police officer from Napa who is accused of murdering an unarmed man on New Year’s Day is once again asking for the Alameda County district attorney to be disqualified from the case.

Two days after his original request was rejected by the attorney general’s office, attorney Michael Rains filed a new motion Wednesday.

Rains argues that District Attorney Tom Orloff violated Johannes Mehserle’s rights when police tried questioning Mehserle without a lawyer following his Jan. 13 arrest in Nevada.

Senior Assistant Attorney General Gerald Engler wrote Monday that Orloff acted legally.

Mehserle — a 2000 graduate of New Technology High School in Napa and a 2006 graduate of the Napa Valley College Police Academy — has pleaded not guilty to murder charges.

Mehserle’s preliminary hearing is scheduled to begin Monday.

12 comment(s)

VERUM wrote on May 14, 2009 10:42 AM:

" Is this some way to dilute the seriousness of the charges? Evoke sympathy? Hmmm. "

napasfinest wrote on May 14, 2009 11:05 AM:

" Verum, how in any way, shape, or form would that dilute the seriousness of the charges? Or evoke sympathy? Hmmm.....you're confused. "

kaye wrote on May 14, 2009 11:06 AM:

" Is it the defense attorney's contention that this police academy graduate didn't understand that he was entitled to have an attorney present during questioning? "

NapaNana wrote on May 14, 2009 11:23 AM:

" This is the way I see it.........It doesn't really matter WHAT D.A. prosecutes the case.....or what county or state he is tried in. It won't change the facts or the evidence any at all. And the young ex-cop.....being a cop.....knew his rights to speak or not. The article only says that they "tried" to question him......(what arresting officer doesn't try to question his suspect).... not that he spilled his story to them. Rains is Clutching at straws.....making themselves look silly. "

JPCRASH wrote on May 14, 2009 10:57 PM:

" I'd like them try to PROVE INTENT as required for murder. He is gonna walk, then declare bankruptcy and move out of state "

cheezcakemaker wrote on May 15, 2009 9:44 AM:

" I have sympahty for all cops. They have to deal with the worst people and people created situations that society has to offer. "

asahigo wrote on May 15, 2009 11:29 AM:

" Technically it is illegal to continue questioning subjects once they've requested a lawyer. So if the D.A., investigators, or police did indeed continue questioning Mehserle they messed up.

On a side note, who's the sissy that thinks scr ewed should be censored? "

VERUM wrote on May 15, 2009 3:03 PM:

" It is interesting how the NVR alternates Mehserle's photos. The above photo invokes a different emotion than the police mugshot. Subliminalism? "

Rocketman wrote on May 15, 2009 6:28 PM:

" Napanana states: " This is the way I see it.........It doesn't really matter WHAT D.A. prosecutes the case.....or what county or state he is tried in. It won't change the facts or the evidence any at all.

You have no concept of criminal procedures and juries. Think OJ Simpson and you will figure it out. "

Rocketman wrote on May 15, 2009 6:30 PM:

" JPCRASH YOU are correct! "

Rocketman wrote on May 15, 2009 6:31 PM:

" cheezcakemaker............and unlike lawyers, cops decisions need to be split second.......and correct 100% of the time... "

Rocketman wrote on May 15, 2009 6:32 PM:

" asahigo........good point........ "

Join the conversation

*Member ID:
*Password:
Remember login? (requires cookies)
	Forgot Your Password?

Create an account

Comment Guidelines

The goal of the story comments section at NapaValleyRegister.com is to have an open, thought-provoking, civil community forum for all issues.

What gets your comment posted?

• Staying on topic

• Keeping your comment to 300 words or less

• Avoiding name-calling

• Addressing your comments to the message rather than the messenger

What gets your comment deleted?

• Personal attacks

• Derogatory remarks

• Name-calling of any sort

• Going off-topic

• Hate speech

• Racially-insensitive comments

• Implying guilt of a subject in a crime story before there is a court verdict

• Posting e-mail addresses

• Posting comments of a commercial nature

• POSTING WITH ALL CAPITAL LETTERS

• Linking multiple comments together with "to be continued..." to get around the 300 word limit.

The fine print

- Comments are either approved or denied. We do not edit comments.

- You are welcome to modify and resubmit a denied comment.

- Comments may take several hours to be posted.

- Comments posted are those of the writer, and do not necessarily reflect the opinion of NapaValleyRegister.com, its employees or its parent company.

- Do you have information on a story? Please go to our virtual newsroom to send us a news tip.

- If you feel a posted comment has violated our guidelines, please contact online@napanews.com or add a comment indicating you have an issue and our moderators will review the comment in question.

Search: