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Ex-BART cop from Napa's murder trial set for October
Former BART officer Johannes Mehserle, shown here on way to a preliminary hearing last month, faces a murder trial Oct. 13 in the shooting death of Oscar Grant on a BART station platform on New Years Day. Mehserle grew up in Napa. AP file photo | Buy photos
Mehserle's attorney wants trial moved
Thursday, June 18, 2009
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2:30 p.m.OAKLAND — A former BART officer who grew up in Napa and is accused of murdering an unarmed man at an Oakland train station will stand trial Oct. 13, and his lawyer is asking to move the emotionally charged case to another city.

Defense attorney Michael Rains told an Alameda County Superior Court judge Thursday he planned to file a change of venue request in the next few months. Rains has said he does not believe his client, Johannes Mehserle, will get a fair trial in Alameda County.
Mehserle is charged with murdering 22-year-old Oscar Grant on New Year’s Day. The former Bay Area Rapid Transit officer shot Grant while he was lying face down on the platform after Grant and his friends were pulled off a train for allegedly fighting.

The case has fueled tension between Oakland’s black community and law enforcement. Mehserle, who has pleaded not guilty, is white. Grant was black.
Rains argues Mehserle, 27, meant to use his stun gun to restrain Grant, but accidentally pulled his pistol. Rains tried unsuccessfully to persuade a judge during a preliminary hearing that there wasn’t enough evidence for the murder charge.

Rains said Thursday he intends to file a motion to throw out Judge C. Don Clay’s decision to allow Mehserle to stand trial for murder.
Judge Morris Jacobson also set three dates in the case: July 24 for the motion to throw out the ruling that Mehserle could stand trial for murder; Sept. 11 for the change of venue hearing; and Oct. 13 for a trial.

Mehserle graduated from New Technology High School in Napa and also from the Napa Valley College Police Academy.
11 comment(s)

magnum wrote on Jun 18, 2009 12:46 PM:

" Makes sense since he would not get a fair trial anywhere in Northern California. Of course you all know it will be a few years before this case actually goes to trial. "

samaker wrote on Jun 18, 2009 6:06 PM:

" I think anybody with so much of an ounce of common sense knows that Mehserle did not intend to shoot Grant. If he intended to kill someone, be probably would not have done it while on duty, with a hundred witnesses. All these people in Oakland are calling it racist. If a white person had been shot, nothing close to this would have happened. A lot of people think Mehserle only shot Grant because he was black. People with this opinion are the true racists. There is no way Mehserle can get a fair trial in Alameda, and I hope he gets a change of venue. The only problem would be, even if he does get a change of venue, he would still have to deal with the same ignorant black judge who said there was no doubt in his mind that Mehserle intended to shoot Grant. "

cuppycake wrote on Jun 18, 2009 9:46 PM:

" Johannes Mehserle is an amazing young man with a wonderful family. if he is found guilty so many people will be upset. he didnt intend to shoot him. no no no!!!! i love you Johannes! our prayers are with you and your whole family! "

Normbc9 wrote on Jun 19, 2009 8:32 AM:

" Mehserole does need to get a change of venue. Public sentiments in Alameda County whipped up by special interest groups has certainly affected his ability to get an unbiased jury there. The special interest groups are still hard at work attempting to cast this officer as a murderer. "

lsw1969 wrote on Jun 19, 2009 8:39 AM:

" Ridiculous. This is involuntary manslaughter at best. I am sure that friends and family are grieving for their loss. However, charging Mr. Mehserle with murder is a crime in itself. If I were on the Jury, I would not budge on an innocent verdict. "

jersey guy wrote on Jun 19, 2009 11:37 AM:

" I agree that he should get a change of venue as the judge clearly has already biased the case with his comments. If I were the defense attorney for JM, I would make sure that the jury is aware of the subsequent killings of the cops and that is why, he and all cops are nervous about suspects having guns.

I also agree that he certainly is not guilty of murder, as I am sure that he did not intend on shooting him and probably did mistake his taser for his gun.

On the other hand, he is certainly guilty of negligent homicide, just like someone who kills somebody with a car. When I ask my cop friends about what they think happened they all answer "stupid". "

Cowboy wrote on Jun 19, 2009 1:06 PM:

" I see that some of you believe that Mehserole should be found "innocent" because he made a "mistake".

How do you feel about the drunk driver who kills? They made a "mistake" too.

"Mistakes" under the color of authority are an egregious violation of the public trust, especially when the death of an unarmed individual is the result of an innocent "Ooops".

You have to get real here. Wearing the uniform with a badge and a weapon carries a lot of responsibility. There are serious consequences for negligence. We do not yet live in a police state where anything the police do is "justified". "

samaker wrote on Jun 19, 2009 5:02 PM:

" A mistake does not constitute a charge of first degree murder. Mehserle's reaction after the shooting makes it obvious that he did not mean to use his gun. He should have to face some consequences for his mistake, but him being charged with first degree murder really makes me question our justice system. It's almost as if they are trying to make an example out of him. The night of the shooting was the first night that Mehserle carried a taser gun, so he definitely was not accustomed to using one yet. I imagine Grant's family will all but forget that he ever existed if they get even half of the fifty million dollars they are demanding on the civil side of this case. "

Cowboy wrote on Jun 19, 2009 5:56 PM:

" Wow, samaker, that's an unwarranted attack on Grant's family. What have they done to deserve that, in your opinion? I hope your animosity toward them is not based on their skin color. Attacking Grant's family is a real slap for no reason. "

napasfinest wrote on Jun 19, 2009 8:42 PM:

" Samaker hit this one on the nose. This whole thing is absolutely, 100% absurd. Why would anyone murder someone, in cold blood for no reason, in front of hundreds of people? No one can seem to answer that question. It was clearly a mistake, which the evidence(video) shows. Involuntary
manslaughter should be the charge and I'm going to laugh hysterically when he is found innocent of murder. This buffoon of a judge somehow thinks there is clear evidence that he intended to shoot Grant. This trial needs to be moved where he can get a fair trial. "

texangirl64 wrote on Sep 1, 2009 9:57 PM:

" I live in Oklahoma and seen this footage and cannot believe people actually stand behind this cop and think he is Innocent. This Cop should spend the rest of his life in Prison for what he did. There was no reason to pull ANY gun out on this man. The female COP also showed guilt by going over to the bart trying to collect everyones Cell Phones. Come on People.
I am wondering if this will be aired on Tru TV/Court TV ?? "

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