BART police are at it again

When you consider the problems that BART officers are prone to create you have to wonder what they are being instructed to do. In yet another case of overreaction, a BART officer goes to the extreme.



Now while excessive force in any police department is something to take notice of, I want to point out the differences in this case compared to the murder of Oscar Grant on New Year's Day 2009.

In the Oscar Grant case there were multiple videos showing that Grant and the other men being questioned by police were not resisting. In this case there were 6 - 7 officers present. In this case Oscar Grant was unarmed, possible handcuffed behind his back, definitely laying on the ground with an officer on his back. Oscar Grant was shot in the back and killed, I believe on purpose.

This recent situation deals with a drunk White male (reportedly Michael Gibson, 37, of San Leandro). The White male is belligerent and seeking to endanger the people on the train. The officer acts quickly, and excessively, to place the suspect out of the reach of other passengers. Though slamming the drunk into a plate glass window with enough force to break the window is extreme, there was no need for deadly force. Additional officers were not brought to the scene.

In addition, notice that the officer was also cut by the breaking glass. Several people approach the officer, and in fact one seems to be helping to hold down the suspect. Which compares to BART officers earlier this year, who were aggressive to passengers that were only videotaping the altercation with Oscar Grant, and keeping a distance from officers.

Was the recent action of the BART officer extreme? Yes, though the intent seems to have been to remove any threat and potential escalation as quickly as possible. But there was a definite limit to what the officer was willing to do. Which is not the same thing that routinely happens when the suspect is Black, Hispanic, or any other person of color. It is a fact that police across the country have been repeatedly found to act more aggressively and violently with a person of color than any other person, even when not in a potentially violent situation.

I saw all this because it is likely that this recent BART case will likely provide the drunk with a get out of jail free card. Because the drunk will likely be paid a huge settlement. Because this case with the White drunk IS getting national attention. But at this time the Oscar Grant case has not resulted in these same things. In fact, it is highly likely that ex-officer Johannes Mehserle will be able to get away with what he did.

The Oscar Grant case has been delayed, the venue moved out of Oakland to a "neutral" place (think Rodney King), and the media has avoided the case in extreme. The city, as last I am aware, is unwilling to make any payment or accept any blame and wrong-doing.

I want justice, for ANYONE that is a victim of true police violence. Not the get rich quick schemes that some cases create. Not the sensationalized media-driven cases. Not the questionable cases of shootouts and violence initiated by a suspect. But covering for police is not the answer or justice.

Oscar Grant and his family have been victims of Johannes Mehserle, Oakland, BART, and the media. This is a reflection of a systemic flaw in our law enforcement system. And this flaw is now becoming an issue even White Americans are being affected by. But I don't want to wait until there is an epidemic - like how crack was ok until White Senators kids got addicted, then it was a problem - because it is too late by then.

Justice for Oscar Grant is justice for all of Oakland. It is an indication that across the country at least some attempt is being made to stem a virus that is growing, not by the year, but by the week. Anything less is just an excuse for the racial bias that is a reality in our law enforcement and legal system.

Oscar Grant trial - now its about 'emotional' African Americans

It's just one of those days. The racial bias in the news just seems to be rolling of the presses. This time its in reference to a trial I have long been discussing. Johannes Mehserle.

Johannes Mehserle is the former officer that allegedly shot the unarmed and defenseless Oscar Grant in the back on January 1st of this year. It was the first murder of the year (I believe), and was the unofficial welcome to office for President Obama.

I have stated in no uncertain terms, that I believe Mehserle is guilty. The fact that at least 4 separate videos of the shooting exist that I have seen, in addition to preliminary testimony for police that is at best questionable, plus the actions to evade prosecution by Mehserle have all led to that belief. But according to the lawyer for Mehserle it is that combination of facts, which cause me to be upset, that guarantee no African American can be fair in the trial without even presenting a single piece of evidence for Johannes Mehserle.

In fact, the defense has gone so far as to ask for a change of venue to move the trial out of Almeda County. They have stated that polls (of unknown quality and suspect technique) done for the defense show that 80% of all African Americans in Almeda County believe Mehserle is guilty. The defense has inferred that African Americans are too emotional and devoid of logic to put aside their passions and evaluate facts.

Thus if the trial is not moved, an action and motivation that allowed the officers on trial for the Rodney King beating to evade justice, the defense - Michael Rains - has requested the following:

"Mehserle will be entitled to question every black juror, in private, in substantial depth, about prejudgment. The questioning will be intense, awkward, personal and uncomfortable."

So I take it that the defense plans to either move the trial because 87% of Almeda County (the non-Black resident percentage) just hangs on the every word and thought of the Black community there, or any African American called to jury duty and selected for this trial will be taken to the side and intimidated in a style reminiscent of Mississippi in 1960.

Now my job may be to comment on events in the nation and the world and in doing so express my opinions and feelings - but I have no illusion that everyone that reads what I write agrees with me. No matter the color of their skin, age, religious background or sex. Yet the defense in this case is trying to claim exactly that same kind of situation. Essentially they are insulting every person of color in the nation and reviving streotypes that just can't seem to be left for dead in the past.

45% of all people polled by the defense stated that they had no opinion, or favored, Mehserle. So far there is no legal evidence presented - since the trial has yet to start. But if the defense thinks that just poking at race will allow Mehserle to bypass the legal system I think Mehserle should plan for a long stay in a very small room.

It is one thing for evidence to prove that Mehserle is innocent. It is a far cry differnt for race baiting to allow him to avoid prosecution.

So I come to this conclusion, Mehserle knows that testimony from officers found to have changed their story multiple times is not enough. That video from multiple sources makes a very clear and strong case. That an unarmed man lying on the ground face down isn't a threat to anything but an ant. That all of this combined equates to life in jail, UNLESS enough prejudice can be stirred up beforehand to create a biased verdict in his favor.

That's not emotion, that's logic based on facts at hand. But if Rains wants emotion I will take a moment and provide him some - if his client gets convicted I would love to see him get the death penalty.

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.

ex-officer Mehserle on trial for Oscar Grant murder - justice undone

And so it begins. Almost 6 months ago to the day, the year 2009 rang to life. At almost the same time Oscar Grant’s life came to a close with a sharp bang. That bang was a gunshot through his back and into his lung. Oscar Grant was lying on the ground, possibly handcuffed, with one police officer kneeling on his neck with another standing and having shot him.

This was the cause of riots in Oakland, California. This was the start of yet another cry for justice from the Black community across the nation (a cry the major news media ignored). And it was the target, along with another murder and shooting – all by police, of multiple posts and videos by me. And I’m not done yet.

On the 26th of May, the defense for former officer Mehserle has claimed that the officers at a BART station on January 1st feared for their lives and were receiving resistance from at least Oscar Grant among 4 men detained that night. One officer has stated that Grant was grabbing her arm shortly before being shot in the back. It was stated that Grant had to be forcibly made to sit down by officers, and that he was being restrained when he was shot in the back.

Oh, and the major point that everyone has waited for the defense to say: Ex-officer Mehserle thought he had his stun gun out when he shot Oscar Grant in the back while he lay on the ground, defenseless.

This is bullshit. Not unexpected but crap from start to end.

While I cannot comment on the actions of Grant or the other men that night from before video was available, I can comment on the video before and during the time he was shot. The video that the earliest news reports denied existed. Video that was available to the world, and I featured in my posts of the event.

Here are the facts as I saw on the video. Grant was not resisting officers. Grant was on the ground, restrained and under control of an officer who was on his neck. None of the other men being detained moved. There were some 5 or 6 officers on the scene. Not one officer made a move for their guns or stun guns. None were reaching for or had out their mace/pepper spray. While the situation was loud, not one officer was moved against with aggression from the crowd on the scene. Officers did try to confiscate videos being taken of the event.

Most important is officer Mehserle. After he stands, he is alone from all other groups and officers. He takes out his gun, which is not near his stun gun, just because of this supposed occurrence. He aims for about 2 or 3 seconds, then fires.

So the actual visual record, from at least 3 video recordings of this event, all show the same thing. The officers did not have to fear for their lives. They may have been uncomfortable, but they were in no apparent danger. They were outnumbered, but they also were in force and not mobbed by a crowd. None felt the situation to be so precarious as to arm themselves.

Mehserle is the only officer to become armed. He took his time, and acted with purpose. He was seemingly in full control and was unencumbered nor rushed. He is not a rookie, and was supposedly well trained.

Grant was lying on the ground. His hands are behind his back, likely restrained. Which means this was cold-blooded murder.

The news media will likely not cover this story, just as it did not cover the initial event. There will probably be no mention of this on the national cable networks. The few stations that do cover this trial will likely take the stance that the police offered immediately after the shooting. That it was a tragic accident. The actual videos of what happened will likely not be mentioned. And the likes of Rev. Al Sharpton and Rev. Jesse Jackson will remain absolutely silent.

In fact, other than a quote from the family of Grant, the existence of a video was barely mentioned in the news report by the San Fransisco Chronicle

So the average American, who probably never heard of this murder, and don’t know that video evidence of the actual shooting exists, will think that an officer in fear of his life accidentally shot a kid that was resisting arrest. Which is a lie.

And I’ll even say more on that. It’s a lie because officer Mehserle would not have quit the police force rather than go thru an internal investigation of the shooting if it was an accident. Mehserle would not have left the state prior to charges being placed against him (well over a month after the fact). News organizations would not have omitted the existence of multiple videos of the event, nor would the police have denied all but one source of video (which conveniently had the worst view of the shooting). This is a set-up. It is the means by which a former cop is being protected from the truth of his actions.

Again I tell you that I have covered this story in detail. You can see all my posts at http://blogsearch.google.com/?bl_url=http%3A%2F%2Fwww.blackentertainmentblog.com%2F&ui=blg&as_q=grant

True justice demands that Mehserle gets the death penalty. Justice would be his imprisonment for life, and the awarding of all his possessions and funds to the Grant family (in particular to Grant’s daughter that will never see him again). But this is America. Mehserle was a police officer who killed a young Black man. Odds are that Mehserle will walk away from this with barely community service.

And people wonder why African Americans are so angry at the police and the legal system. Just imagine the press coverage, and speed this would be happening at – not to mention the ultimate outcome – if this was a Black cop that killed a young White father while he was lying on the ground defenseless. If you can imagine that, you cannot compare it to this mockery. That’s why we are angry.

But I will continue to follow this, even as the major media avoids it like the televised plague.

Open letter to Sharpton, Jackson, NAACP, Sen. Boxer, Sen. Feinstein, and the media

This letter is to those mentioned in my post What can you do to prevent another Grant, Bell, Diallo, or other police murder?

This letter will be sent to all those named in that post. If you know of other organizations that should receive this, let me know. If you wish to copy and modify this letter for your own use to these individuals, please do.

To whom it may concern,

I am Michael Vass, President of M V Consulting, Inc. and author of Black Entertainment USA. Recently I became aware of the death of Oscar Grant at a BART station in California. This death came at the hands of police - while he laid face down on the ground defenseless, possibly handcuffed, with an officer holding him in place as he was shot in the back - and was video taped and witnesses by a large group of individuals on New Year's Day of 2009.

This news story has been seemingly dismissed by the major news media. I was lucky to notice a 30 second news video by ABC News, that I have not seen since, on January 5th. The national news media has not covered this story beyond that to my knowledge.

The lack of coverage has angered me greatly. I wrote about this tragic event on my blog, and several others that I write for. And I am constantly being made aware that my blog posts of this news event is the first that many people are hearing of this event. Yet in watching the national news coverage I have seen no end to the coverage of the Caylee Anthony case for a almost a year now, discussion on the death of Heath Ledger for a year, and other stories of similar nature. In fact I believe it is easier to know the clothes that Beyonce wore yesterday, how Jennifer Aniston feels about Angelina Jolie, and the new address of Michael Jackson than details in this case.

This is an outrage. The news media has failed America, and the Black community. It is their responsibility to make all law enforcement responsible to the public and to make the public aware of such events. Their job is to represent us when it is not possible for us to be aware of facts across the nation and the world. Their job is to help shed light on events that violate our rights and prevent the abuse of the system. That is not happening.

It is a fact that some news media have made factual errors in their reporting of the case. One such instance is the fact that reports say that only 2 videos of the incident exist. I found in 15 seconds multiple videos of the event from several angles and of lengths from 1 minute to nearly 5 minutes. I have provided some of that additional video on my site. Another fact was the initial statement of the BART police stating that video from the station itself was unavailable, which turns out to be erroneous.

Already we can see that facts are being occluded. Add to this that the internal investigation by police has run into a roadblock. Officer Johannes Mehserle, who fatally shot Oscar Grant while he laid face down, possibly handcuffed, with at least one officer holding him down with a knee on his neck, in his back, resigned. As such I believe that the internal investigation cannot go forward as Mehserle is no longer a police officer. Thus the Oakland D.A. must be motivated to investigate and bring up charges for any justice to go forward.

At the same time Police Chief Gary Gee and others have begun to postulate excuses on how or why this event happened. The most popular excuse is that Johannes Mehserle meant to reach for his taser. A taser is not the same weight, shape, or trigger as a police issue 9mm gun. The time, as seen in several video angles of the event, he took to draw and fire reveal he had ample time to recognize and visually sight the gun in his hands. And beyond all that, there was no imminent life-threatening need to draw any weapon. And that is proven by the 5 or 6 other officers on the scene never drawing or motioning towards any of their weapons at any point in this event.

And I believe that this is a pattern that needs to end. We have seen that more often each year tragic events like this are happening across the nation. Black men killed in a hail of dozens of bullets, beaten by hordes of police officers, abused in police stations, and on and on. More often than not, virtually in each case, the officer responsible never served a day in jail, rarely was fined or disciplined in any manner.

I believe these are connected. If we say nothing, do nothing, then we say to all police officers across the nation that the - in my opinion - outright cold-blooded murder of African Americans is socially acceptable and will not be punished.

Thus I ask you to provide your political and media strength to this issue. The nation needs to be aware of what happened. This should never have happened. This should not go unpunished.

I look forward to your support and the media attention you can bring to this tragic event.

Sincerely,

Michael Vass
President - M V Consulting, Inc.
718-344-6921
info@vassconsult.com

Oscar Grant murdered by Oakland police in cold blood

Can we even start a year without something racial happening in this country? I have already spoken about my thoughts concerning the Muslim family that were subjected to fear and discrimination while trying to take a flight. But this is something far worse.

On New Years eve, hours into the start of the New Year, police shot a young Black man. In the back. While he was laying face down. And I bet most in the nation are only learning about this today, a week into the month just like me.

Now some may have seen the highly edited video of this murder, as shown by ABC News and a local television station. I warn my viewers this is disturbing, real, and murder in my opinion.



Here are details that are currently known and visible from the video. Police were called to the Oakland train station reportedly because of a fight. Once there we see that initially 2 officers had control over 3 or 4 men, who were co-operating. The crowd observing the event made the officers nervous, as another 5 officers arrived on the scene. Oscar Grant, 22 years old, is seen standing at one point though it is not clear why. The officers have him kneel and then place him face first on the ground. Oscar seems to be handcuffed this entire time. He moves on the ground and one of 3 officers restraining him places his knee on Grant's neck. As this happens another officer, a 2 year veteran, casually stands back, reaches for his gun and fires into the back of Grant killing him.

Another view of this entire incident can be seen below.

This is raw footage. The key moments are from 1:56 - 2:57 . It is clear at 2:37 that 32 officers, joined by a third, are nervous but controlling a crowd that are busy observing the event and video taping it. At 2:52 you can see the officer draw his gun, with 2 officers holding Grant down, 3 officers holding the crowd (4 people apparently and an unknown amount in the subway car) and I believe one other officer in the background.

While the situation was not pleasant, none of the men on the ground were endangering the officers. The crowd was at a distance. and 3 men were close getting video. One of those men was taken down by one officer, but the rest of them were unencumbered or endanger. I say that both from their stance and the video footage of the crowd.



There is no question of the guilt of the officer that fired. There was no threat. Not from Grant, the other men on the ground, nor the crowd. There were 6 or 7 officers at the location that can be observed, with an unknown amount in transit. While quite vocal, the crowd maintained a wide distance, with the exception of 3 men that were under constant observation by no less than 2 officers.

This was a murder.

A murder committed by a police officer, on an unarmed, defenseless Black man. Again. And some dare tell me that I have no reason to fear the police. That stories about the consistent, coast to coast murder of Black men by police is a lie. That this is just a coincidence.

If all that were true, then why has this taken 6 days to be released to the nation? Why has no major media network covered this story nationally? Why is ABC News providing a highly edited video that places doubt on the cause of this event, when I found several videos of this event on youtube in 10 seconds that are clear on what happened.

The innocent can stand in the light of day, and were this murder justified in any way the police would have made it national an hour after it happened. But it is not. And only now, with the family suing for $25 million is it catching attention.

And I think the family deserves far more. A father of a 4 year old daughter has been killed in cold blood for no justifiable reason. A family has lost a son. There is no proper price, but obviously in California the $50 million paid to Rodney King was not enough to make a point.

How can anyone look at this video, and recall the deaths of Sean Bell, the beating of Rodney King, Amidou Diallo, and so many other events - each year - and not wonder if Black men have bull's eye's painted on their backs that police see.

I am angry. At the news media for hiding this for days. At the police department in Oakland for pretending that there could be any justification for this act. They are claiming the officer might have been trying to draw his taser. If so, once his hand was on the gun didn't he know the difference. Once he drew the gun and saw it, why didn't he replace it. And why did he fire when 2 officers had control of Grant on the ground?

And I am insanely angry at the officer. he is a murderer. He needs to be in jail right now. Because I guarantee if I killed a White man who was on the ground, defenseless, and a father of a child there would be national outrage. I'd be in a jail immediately. And the only question would be if I would get electrocuted. And all that is without a video tape.

Justice in America is not colorblind. Like the news media and police across the nation it seems to be color bound.