Johannes Mehserle may still face justice in Oscar Grant murder

Following up on the news of a story that the national news media has avoided like the plague since it happened, I will discuss the latest events in the Oscar Grant murder case.

As long-time readers are aware, I started covering this case back in January shortly after former BART police Officer Johannes Mehserle shot and I believe purposefully killed Oscar Grant while he laid face down (and I believe handcuffed behind his back) on the ground with another police officer kneeling on his neck. It was an outrageous display of police overreaction, violence and abuse. And it was all caught on video by at least 4 sources I am aware of.

Many people still are completely unaware of the events that happened on January 1st at 2am. That’s because the national news media has never covered even 30 seconds of this news story. In fact the media made it obvious that they were willfully concealing this news story when national coverage of riots in Oakland, California – directly the result of the apparent attempted police cover-up of this murder – failed to mention this case or any of the people involved.

But I have followed the case. Including the sudden attempt by Mehserle to avoid investigation by resigning from the police, the extended timeframe required for the D.A. to press charges – after serious local pressure, the long-term denial by prosecutors and defense (and the news media) of multiple recordings of the entire murder, and the more recent changing excuses and blatant lies by police officers at the scene of the murder.

I am doing this because Justice needs to prevail. And I truly believe that if we do not continue to watch this case, and scream at the top of our lungs for justice, Johannes Mehserle will walk away from this without so much as a slap on the wrists.

Thus I reported that the preliminary trial in June of 2009 found that there was a wealth of evidence to go to trial. That trial date was November 2, 2009. But all has not been quiet in this case.

Johannes Mehserle, who is out of jail on bail – something you and I would likely not have the ability to do based on the nature of this crime and the video evidence – and his lawyers have tried to get the entire case thrown out of Court. Their argument is that Alameda County Superior Court Judge C. Don Clay unfairly allowed evidence into the hearing. They claim the ruling to go to trial is “arbitrary, capricious and patently absurd”.

The defense stated

“Rains said Mehserle shouldn't face murder charges because there's no evidence that he exhibited malice during the two and a half minutes he was on the station's platform before the shooting. He said that at the most, Mehserle should face a lesser charge such as manslaughter.

But at the end of the hearing, Clay said, "There is no doubt in my mind that Mr. Mehserle intended to shoot Oscar Grant with a gun, not a Taser" because Mehserle had both his hands on his gun when he fired that shot that killed Grant.

Rains said on Friday that Clay's remark was an error because the defense's Taser expert would have testified that Taser users are trained to use both hands on their stun guns while firing.”

Judge Thomas Reardon obviously did not agree. Something I am greatful for and was worried about. Because shooting an unarmed man in the back while they lay face down with an police officer on their back and not resisting tends to seem malicious to me. And the testemony of a Taser expert does not change that.

So the case will again start on November 2. Unless the Mehserle defense team can win on another motion they are presenting. Which is to move the trial out of Alameda County. Which harkens to the move of the Rodney King trial police retirement community of Simi Valley. And we know how that verdict came out. This will be decided on October 2, 2009.

Keep you fingers crossed and pray the Scales of Justice are not rigged in Johannes Mehserle’s favor by the legal system.

Will there ever be justice for Oscar Grant?

Oh my god. Could it actually be that Justice will be served in a case where a police officer shot, and killed, and unarmed young Black male?

The end of the preliminary trial for ex-BART officer Johannes Mehserle has ended in Oakland, still without the media coverage that such a case deserves to have. This is especially true given the fact that video evidence exists for this case from multiple sources. Add to that the blatant and extreme nature of a police cover-up. Then finally include an astounding revelation from one of the key officers involved with the murder of Oscar Grant

“I didn't see the hands, so I didn't see a threat," Pirone said. "It didn't pose a threat to me "... or any other officer.” - Officer Anthony Pirone, who was kneeling on the neck of Oscar Grant III as he was shot in the back and killed.

The facts of this case are so blatant that the Judge presiding over the prelim made the following statement after ruling to allow this case to go forward to trial

“There is no doubt in my mind that Mr. Mehserle intended to shoot Oscar Grant with a gun and not a Taser.” Alameda County Superior Court Judge C. Don Clay

Yes, it’s so obvious that a Judge was willing to say that publicly. Of course this will likely cause the trial to be moved. And I’m willing to bet that the new location for the trial will be the equivalent of Simi Valley. And we all know how impartial that kind of jury pool can be.

Since I first learned of this case in January 2009, days after the murder of Grant, I have seen no reason to doubt the guilt of Mehserle. I have followed this case while the major news media has actively ignored it at every turn. I have questioned what has been done to cover-up the situation, and speculate about the cause of news media disintrest.

So far we have learned that ex-officer Mehserle initially excused his murder of Grant with a claim of an unseen, non-existent gun. Later, after time with a new lawyer and the quick cover story speculated by the Oakland Police Chief, the story became the accidental use of deadly force.

We have learned that every officer involved has (in my opinion) perjured themselves with lies of chaos and impending doom. Accusations of angry mobs rushing forward, attacks against officers, and resisting arrest have all been soundly debunked by witnesses and multiple videos of the event.

How this case has not been subject to a quick plea bargain leads me to one thought. Mehserle believes he can get off scot free.

This is even more likely if the venue is moved. It is backed up by precedence of officers across the nation being absolved of the murders of, and/or violence against, unarmed, innocent, young Black males. It is supported by a news media that has tried to actively maintain doubt, in the most of the few times the case has ever been mentioned. It is reinforced with the persistence of criminals covering their crimes with accusation of imaginary Black assailants that are readily accepted as fact by the media and most of the nation (most recently by a Pennsylvanian woman who was in Disney at the time).

That is gut-wrenching sickening. That a defendant can be guilty as sin, with more than ample proof, and the odds of gaining justice or even a semblance of punishment are maybe 60 - 40 against is unacceptable in the least. And I still get people advocating the innocence of Mehserle. I still have people that wonder and debate why African Americans across the nation fear and shun police officers. I still hear people deny the imbalance of the legal system and misrepresentation of Justice in America.

In my opinion, Mehserle is guilty of murder. Yet I still cannot be assured that he will be convicted of this obvious and insanely vicious crime. Because in the end, it was just another young innocent defenseless Black male. And in America that is the same as a deadly weapon in the hands of Osama Bin Laden. Lady Justice is weeping.