Killer cop Mehserle may yet walk

[KamaAina]

http://www.insidebayarea.com/ci_16251656

The attorney representing former BART police Officer Johannes Mehserle asked a Los Angeles judge for a new trial, arguing, in part, that new evidence discovered after Mehserle was convicted of involuntary manslaughter proves that another officer, under similar circumstances, made the same "tragic mistake" as Mehserle.

In a 134-page filing submitted Friday to Los Angeles Superior Court Judge Robert Perry, defense attorney Michael Rains said a jury's decision to find Mehserle guilty should be overturned -- and a new trial granted -- because the jury did not hear evidence about a similar case which occurred in Kentucky less than a year before his client killed Oscar Grant III.

In that case, Rains wrote, an officer mistook his gun for his Taser even though his Taser was located on the opposite side of his body and was bright yellow. That officer was not found criminally negligent for critically wounding a man he shot in the back, Rains said....

The killing occurred Jan. 1, 2009, on the Fruitvale BART station platform. Dozens of passengers watched and recorded Mehserle and other BART officers attempting to detain Grant and three friends who were being held after a fight broke out on a train.

Maybe the cop in Kentucky would have gone down if anyone had happened to record him shooting someone instead of tasing him?

[proud patriot]

1. I was at one of the counter rallies at a pro mesherle rally

in Walnut creek . it was ugly

[mackerel]

2. I've seen the cell phone recording over and over

and I have to say it looked to me like he pulled the wrong weapon. The look of on his face said it all.

I'm still sorry for what happened to Mr. Grant, it's no way to die.

[U4ikLefty]

3. Well if YOU say so then it was an"accident"...thank you.

I knew that an expert would post on this thread.

God, it's soooo good to belive in the cops again....(nevermind).

[mackerel]

5. Imho I don't believe the shooting was intentional.

[Xithras]

6. The jury didn't either. He was convicted of manslaughter.

Intentional or not, however, his actions still resulted in the death of an innocent person. That's why he was convicted.

[mackerel]

7. Agreed

[proud patriot]

4. very unsettling

:-(