The ex-BART cop Johannes Mehserle, who shot Oscar Grant on January 1, 2009, is being tried in Los Angeles. This is instead of Alameda County in the Bay Area; where the infamous shooting occurred.
KCRA reports that the high profile case will be moving to Los Angeles County's downtown courtroom because Alameda County Superior Court Judge Morris Jacobson concluded that Mehserle would not receive a fair jury trial in Alameda County. Now Los Angeles criminal defense attorneys are analyzing how the change in venue will affect the trial's outcome.
Mehserle fired a pistol at Grant early New Years Day after he allegedly resisted several BART police officers at the Fruitvale station in Oakland. Mehserle's criminal defense attorney states that the officer intended to use a taser on Grant, and that the fatal shooting was accidental. Mehserle is now being charged with murder, but he is pleading not guilty.
Attorneys and consultants say that the average juror in Los Angeles is skeptical of law enforcement; partially due to the 1991 beating of Rodney King, which occurred in the San Fernando Valley. This is similar to Johannes Mehserle's case. Both cases share a resemblance as they both have to deal with police brutality and in both instances, the victims were African American. The issue of race is being brought into the media spotlight for this case.
In this case, a bias toward law enforcement can help the prosecutor. Like people in the San Francisco Bay Area, many Los Angeles residents would like to see police officers held accountable for their wrongdoings, according to multiple law experts quoted in The San Francisco Chronicle.
San Diego County, a slightly more conservative area, was also a contender when deciding where the trial should be held. But ultimately, Los Angeles was chosen because the downtown courthouse routinely handles high-profile trials and has all the necessary security provisions.
The pre-trial hearings began this week in Los Angeles County Superior.
Related Resources:
- Oscar Grant Case: Judge Rejects Courtroom Cameras (FindLaw Blotter)
- BART Shooting Murder Charge: Former Officer Mehserle Arrested and Charged (FindLaw's Common Law blog)
- Los Angeles Criminal Defense Attorneys Directory (FindLaw)
