" Can we all say change of venue?? "

" Change of venue...what will that accomplish? This case has gotten a lot of press. There are 9 bay area counties...very unlikely that no one has heard about this case. "

" i'm going to go outside, light something on fire, jump up and down on someone's car and break a store window. "

" I think that eventually Johannes Mehserle will have all the charges in this case dropped against him. It is a shame that he has to go through all of this nonsense when Oscar Grant was the criminal here !!! What a world we live in !! "

" I'm glad charges were not drop or reduce for this guy. "

" supernapawoman wrote on Sep 10, 2009 4:09 PM:
" I think that eventually Johannes Mehserle will have all the charges in this case dropped against him...."

Yes. Then cops could execute people in the street with impunity, and save us a lot of money and court costs.

What a great job to have, being a cop, and not having to be accountable for your actions. "

" Why does the change of venue have to be to a Bay area county? I think Orange county would be perfect.
Mehserle is entitled to a jury of his peers. "

" Actually this is not the worst thing that could have happened. With them holding him to answer for murder it should make getting an acquital easier. The reason I say this is becuase there was no intent. Murder is a specific intent crime. This was clearly an accident. "

" Alameda DA caved to the pressure. "

" I agree with black n white. Where is the intent ? "

" Talk about not receiving a fair trial! Posters Supernapawoman suggests this is "nonesense" and B&W "clearly a mistake". Let the guy stand trial. One could just as easily surmise there is a obvious difference in the wieght, balance and appearance between a 9mm pistol and a stun gun. Funny how some people have already made up their mind without having all the facts and evidence. Sheesh! Talk about the pot calling the kettle black! "

" jimihil,

I dont disagree with you about the size, shape, and balance difference between a firearm and a taser. But there is one thing your no taking into account. There are well documented physiological effects of stress on the human body. Tunnel vision, and auditory exclusion are very common. It is not at all unreasonable to say that because of the high stress situation he was in he honestly couldnt tell the difference between the two. "

" What is not in doubt? Johannes Mehserle shot his 9mm pistol into a prone man, fully restrained by numerous other officers, and killed him. There is no doubt that this is what happened. There is video, audio, and first person testimony that this is true.

What must happen next is that there will be a trial to determine the degree of guilt of Johannes Mehserle, and his culpability before the law.

Our opinions don't count in court, only what is established there matters. "

" Black n WHite-


There doesn't have to be intent. It's right there in the law. "

" The only way he'll get a free trial is if they move it to So.Cal. Any court up here will cave to pressure and find him guilty. As people before me has posted there was no intent to kill him, he was probably running on adrenaline and made a grave mistake. "

" Here ye,

You are incorrect. 187 PC- "Murder is the unlawful killing of a human being, or a fetus, with malice aforethought."

Malice (there are two kinds expressed and implied) is defined in the penal code as, "Expressed malice is when there is manifested a deliberate intention unlawfully to take the life of a fellow creature." (specific intent)

"Implied malice is when no consideration or provocation appears, or when the circumstances attentding the killing show an abandond and malignant heart." (grave indifference)

Manslaughter is defined in penal code 192. "Manslaughter is the unlawful killing of a human beling without malice." (three kinds, but vehicular doesnt apply in this case)

Voluntary-upon a sudden quarrel or heat of passion.

Involuntary-in the commision of an unlawful act.

So the question in this case would be was the use of the taser in situation lawful? The suspect in this case was resisting officers trying to cuff him by concealing his hands under his body where a weapon could be. That more than justifys the use of a taser.

They could still get hung up with the "sudden fight or quarrel" verbage, but it all boils down to that fact that he did nto intend to use a firearm. "

" Murder must be premeditated (he must have willingly known he was going to kill that man all night).

I know it will be hard to prove that, so it's surprising they did not drop the charge or even accept a voluntary manslaughter. "

" K9..."and first person testimony that this is true."

Biased first person opinion though? "

" A trained police officer has higher accountability than an ordinary citizen who shoots his neighbor "by mistake".

There's no such thing as an "aww shucks" defense for a killing under the color of authority.

Cops cannot make "mistakes" that result in death. If they do, they must pay the highest price. "

" Black n white-

So you say I'm wrong then post the penal code that proves I'm right? Interesting technique! "

" Remember OJ case? Venue was changed from Santa Monica to east Los Angeles. WOW, what they overlooked in that case for the "community." We are doing it again. What about justice?? "

" Why would anyone want to be a cop? A man trying to do his duty - makes a mistake - and is tried for murder? I'm sorry - Grant was looking for trouble and found it. Mehserle should not be up on any charges at all. It all boils down to a white cop and a black thug. If the cop had been black this would not even had made the news! Someone is shooting someone in Oakland almost everyday - oh yes, it is blacks killing blacks - so it is just any everyday thing. Poor white cop tries to do his duty and look where it got him! "

" Why does the race card come into play? It was tragic for everyone involved. Both familys lost a son, brother, and friend. I'm personally sick and tired of race being a theory. "

" I have to agree with you 3030..what does race have to do with it?? i just read these comments for the first time tonight and man are people critical. I think we should remain humble about this because it's time to be logical for a minute. I don't think the officer is some dummy who fell off the turnip truck, and why in the world would he intentionally shoot anyone when there was no threat? That should be an investigators first suspicion, and reason to believe something out of the ordinary happened. The officer knew his surroundings included fellow officers, and others..it couldn't be some 'big shot' thing..he is not an infant on the force so why does everyone think he wanted to give up his job and his freedom for no reason? The only explanation, and this may be too much for the world to deal with, has to be a sudden brain electrode malfunction/dysfunction..if someone can go into a coma, brain activity ceases to function, then come out of the coma sometimes with no deficit at all, whose to say what all of that signifies? Which leads me to believe that if they didn't check him with an MRI or CAT scan within several hours, you will all have to check with God to know what really happened..i don't think anyone is so ignorant to attempt a ridiculous and completely obsurd act as shooting for no reason, and the video shows Grant subdued, the officer must have known that no harm was possible by Grant, right? Being humble in any case, we will see the truth prevail, or we won't. I would feel sick if I found out that he had a brain dysf/malf and I maintained that he must be a killer. FACTS first!! "