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Judge grants change of venue in BART shooting case
Friday, October 16, 2009
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5:30 p.m.OAKLAND  — A judge has agreed to move the trial for a former BART Police officer charged in the killing of an unarmed man.

In Friday's ruling, Alameda County Superior Court Judge Morris Jacobson says the murder trial of Johannes Mehserle will be moved out of Oakland.
The 27-year-old man is charged with the shooting of 22-year-old Oscar Grant at a Bay Area Rapid Transit station on New Year's Day.

Mehserle's attorney, Michael Rains, had argued for a change of venue in the case because of what he described as excessive media coverage and racial tensions.
13 comment(s)

Mr. Feasor wrote on Oct 16, 2009 8:38 PM:

" A reasonable determination under the circumstances. "

napasfinest wrote on Oct 16, 2009 9:14 PM:

" Well it's only right for them to move it. Now let's just hope they find Mehserle Not Guilty of this absurd charge of murder. "

Baraki wrote on Oct 16, 2009 9:37 PM:

" Okay, I realize my original one word comment of "Duh." may not have been constructive, but I would have been surprised if the judge did not grant a change of venue... "

apartmentguy wrote on Oct 16, 2009 9:52 PM:

" Glad to hear the courts haven't been swayed by the outrage of the protestors surrounding this case. "

Cowboy wrote on Oct 16, 2009 10:37 PM:

" That's good. Now Mehserle can get the same fair trial for his mistake that Oscar Grant did. "

Mr. Feasor wrote on Oct 16, 2009 10:37 PM:

" Well, let's not all get carried away and call the charge "absurd" or say "duh."

It was a prudent move. It eliminates yet another basis that may be claimed for mistrial, or appeal (regardless of the outcome) after trial. "

jmo wrote on Oct 16, 2009 11:19 PM:

" Right decision!
Let's move onto the trial and see what justice brings!!!!

Right! "

Raven wrote on Oct 17, 2009 12:10 AM:

" a reasonable action i think "

Blackbeard wrote on Oct 17, 2009 5:39 AM:

" The trial is scheduled to begin Nov 2, which is 2 weeks from now. The new location of the trial will be "Determined over the next few weeks" How does that time frame work ? "

Baraki wrote on Oct 17, 2009 8:57 AM:

" Feasor -- my "duh" was in response to the change of venue... I'll keep my thoughts on the actual charges to myself. "

samaker wrote on Oct 17, 2009 12:02 PM:

" The only problem is that the same ignorant judge that ruled Mehserle should face the murder charge will be going wherever the trial goes to preside. "

suze wrote on Oct 17, 2009 2:32 PM:

" I don't have really strong feelings about this case, but it was probably wise to move it.

I am going to be interested to see how the law deals with it.
As I understand it, if you kill someone it is called murder, if you kill them 'accidently' it is called manslaughter. I know hairs do get split on it, but those are the basics.

However, it does seem that once you put on a law enforcement uniform, you can truly sidestep any kind of murder charges while on duty, no matter what the circumstances, or serious consequences for any fault in professional judgement. This is not in line with other professions where you are held accountable for truly bad decisions or actions.

I know it will be said that a law officer should not have to hesitate and think in a 'dangerous or threatening' moment, but maybe they should stop and think for a moment. I do feel they kill too many people. Trigger happy does come to mind.

I am convinced that without the phone camera evidence, Mehserle would simply be on paid administrative leave while it all got 'sorted out.'

It's gonna be interesting. "

Mr. Feasor wrote on Oct 17, 2009 7:25 PM:

" Baraki - thanks for the clarification; didn't mean to conflate your comment with someone else's.

But - as stated in the article - venue changes are rare. It's a pretty high burden. So there are many instances where a venue change may appear obvious, but it's not granted.

In the end, though, this is a reasonable ruling. "

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