PDA

View Full Version : Johannes "BUTT-FLAKE" Mehserle asks court to overturn BART slaying conviction.


RVD
May 15th, 2012, 01:41 AM
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.

http://www.ktvu.com/news/news/crime-law/mehserle-asks-appellate-panel-overturn-bart-slayin/nNznG/
Mehserle asks appeals court to overturn BART slaying conviction

http://media.cmgdigital.com/shared/lt/lt_cache/thumbnail/400/img/photos/2012/05/09/bf/f4/mehserle_0509.jpg

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...?!"

W....T.....F....!

YOU KILLED A KID!!!!!!

plantman
May 15th, 2012, 05:23 AM
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.

http://www.ktvu.com/news/news/crime-law/mehserle-asks-appellate-panel-overturn-bart-slayin/nNznG/
Mehserle asks appeals court to overturn BART slaying conviction

http://media.cmgdigital.com/shared/lt/lt_cache/thumbnail/400/img/photos/2012/05/09/bf/f4/mehserle_0509.jpg

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...?!"

W....T.....F....!

YOU KILLED A KID!!!!!!

22 yrs old is not a kid. Furthermore the jury sided with Mehserle in that he didn't mean to kill the young man. Thus the short sentence for making said error.

Don't let it eat at you, let it go!

This new evidence just may be enough to put him back on a police force in your hometown.

I'd welcome Officer Mehserle to mine!

darrinbaker00
May 15th, 2012, 06:14 AM
22 yrs old is not a kid. Furthermore the jury sided with Mehserle in that he didn't mean to kill the young man. Thus the short sentence for making said error.

Don't let it eat at you, let it go!

This new evidence just may be enough to put him back on a police force in your hometown.

I'd welcome Officer Mehserle to mine!

That is beyond tasteless. You should seriously be ashamed of yourself.

JN
May 15th, 2012, 01:10 PM
That is beyond tasteless. You should seriously be ashamed of yourself.

Like perspiration for a person without sweat glands, lying sack of shit planties is incapable of shame.

plantman
May 15th, 2012, 02:03 PM
That is beyond tasteless. You should seriously be ashamed of yourself.

Tasteless......WTF

Ashamed for what?

RVD posted this article for one purpose, and one purpose only. His disdain for the blue meanies is well noted.

Take off the blinders darrin!

RVD
May 15th, 2012, 04:44 PM
Tasteless......WTF

Ashamed for what?

RVD posted this article for one purpose, and one purpose only. His disdain for the blue meanies is well noted.

Take off the blinders darrin!You're a nasty piece of work fella.
Too bad you don't realize it yourself.
And rather than waste precious time on you, I'll simply chalk your pathetic reply up as the typical plantman logic.
Please don't bother responding because it'll just be the same 'ol vacuous ignorant verbal sewage you usually post.

RVD
Jun 12th, 2014, 12:03 AM
'Fruitvale Station' Cop Takes Stand in Civil Trial

By NBCBayArea.com (http://www.nbcbayarea.com/news/local/BART-Officer-Johannes-Mehserle-to-Take-Stand-in-Oscar-Grant-Civil-Trial-262692861.html) The former BART officer convicted of involuntary manslaughter in the now-infamous fatal shooting of Oscar Grant III on New Year’s Day in 2009 is expected to take the stand Wednesday in a civil suit against him in U.S. District Court



Johannes Mehserle, who was sentenced in Grant's death to two years in prison, is scheduled to take the stand in the San Francisco courtroom of U.S. District Court Judge Edward Chen. Mehserle was given credit for time served and released in June 2011. The trial began on Monday.

Mehserle is one of the defendants in a stemming from the fatal shooting of Grant at the Fruitvale BART station in Oakland – a shooting that is now known around the world because much of it was captured on witness cell phone video and turned into a movie, “Fruitvale Station.”

The suit, filed in August 2009 on behalf of Grant's father - Oscar Grant Jr. - by attorney, Waakeen McCoy, claims Grant’s violation of civil rights were violated, and asks for unspecified damages. McCoy also wrote the court to ask that Grant's father be allowed to be released from prison in Vacaville on his murder conviction so that he can participate as a plaintiff in the trial. The suit also claims that Mehserle deprived Grant Jr. of his "familial relationship" with his son.

Grant Jr. was convicted of the Sept. 8, 1985 killing of Anthony Epps, 24, as he was watching TV at his Oakland home.

The 22-year-old Grant was unarmed and lying face down when Mehserle fired a gun at him, killing him. Mehserle testified at his criminal trial that he had shot Grant accidentally because he thought he had pulled out his Taser, not his utility weapon.

BART, BART’s chief of police Gary Gee, and BART officers Anthony Pirone and Marysol Domenici are also named in the federal suit.

Mehserle is being represented by high-profile attorney Michael Rains.

In 2009, attorney John Burris filed a federal civil rights suit on behalf of Grant III's mother (http://www.nbcbayarea.com/news/local/San-Francisco-Federal-Appeals-Court-clears-ways-for--217675931.html), Wanda Johnson, as well as Sophina Mesa, who was Grant's girlfriend and is raising the couple's 4-year-old daughter.

In May, BART agreed to pay $175,000 to settle another federal civil rights lawsuit filed by five men who said they were detained with Grant for no reason.

First published June 11th 2014, 1:24 pm