Yeah right, scumbag.
You shoot and kill a teenage youth...who was bound and laying face down on the ground, with at least one cop with his knee in his back...and you want your conviction overturned?!
Rot in hell son.
Mehserle asks appeals court to overturn BART slaying conviction
KTVU And Wires
SAN FRANCISCO —
The attorney for former BART police officer Johannes Mehserle, who served 12 months in prison for the involuntary manslaughter of Oscar Grant III, claimed before an appeals court panel Wednesday that his client’s conviction should be overturned because the jury was not instructed properly.
Attorney Dylan Schaffer argued at the 45-minute hearing that while Mehserle made a "tragic and horrible error," he didn't act with the level of recklessness that legally defines involuntary manslaughter.
"All he did is make an error," Schaffer told a three-judge panel of the Court of Appeal.
It was a theme that co-defense attorney Michael Rains continued outside the courtroom.
Mehserle has claimed that he never intended to shoot Grant on the Fruitvale BART platform early New Year’s morning in 2009.
He said he thought he was holding his Taser and not his revolver when he fired at Grant.
“This was simply an accident,” Rains told KTVU in front of the courthouse. “In California…we know that police officers have made this same accident in nine other cases, there have been no other criminal prosecutions. This was an accident, not a crime.” “Mehserle was prosecuted because of the politics of this case,” he added.
However, Senior Assistant Attorney General Gerald Engler, representing prosecutors, argued that there was "ample evidence" that Mehserle acted recklessly.
Engler listed a series of differences between a revolver and a stun gun. Mehserle was convicted "not because he committed a mistake, but because this mistake was committed with gross negligence," Engler argued.
Rains also claimed that new evidence of a similar case in Kentucky involving a fatal officer-involved shooting would have strengthened Mehserle’s plea for a not guilty verdict.
“It (the new evidence) was crucial,” he said. “What we found out after the trial was that literally there was an incident a year before Mehserle’s incident where a very experienced officer in Kentucky carrying the same identical weapon as Mehserle, having the same identical Taser carried in the same positions with the same holsters did the same thing.”
“The D.A. argued very persuasively to the jury that there had never been a case that had the exact same circumstances as this. So the D.A. was able to make an argument that wasn’t true,” Rains added.
Rains said the goal of the appeal was to get a reversal and allow Mehserle get another job in law enforcement.
Mehserle served his time in Los Angeles after his attention-getting trial was moved to Southern California.
The shooting sparked debate, racial tension and occasional protests that turned violent. Hours after his sentencing, more than 150 people were arrested in Oakland during an outbreak of civic unrest.
The incident on the BART platform was recorded by bystanders, and video posted online that showed Mehserle firing a bullet into the back of Grant, 22, as he lay face down after being pulled off a train, suspected of fighting.
The videos were subsequently used as evidence during Mehserle's murder trial and posted online, further stoking the racial tensions brought on by the shooting.
Facing a second-degree murder charge and a maximum 14 years in prison, Mehserle tearfully testified at his trial that he meant to use his Taser instead of his .40-caliber pistol.
Jurors found that while Mehserle didn't mean to kill Grant, his behavior was so negligent that it was criminal. He received a two-year sentence for involuntary manslaughter and served 12 months in prison.
The appeals court now has three months to issue a written decision.
Defense attorney Dylan Schaffer said that if Mehserle loses the appeal, he will continue appeals to the California and U.S. supreme courts if necessary.
All he did was "make an error...?!"
YOU KILLED A KID!!!!!!