An attorney for a former Bay Area Rapid Transit police officer charged with murdering an unarmed rider in Oakland asked a Los Angeles County Superior Court judge Friday to include police officers as prospective jurors despite a state law excluding them from jury service.
In a written motion, lawyer Michael L. Rains argued that a 1992 law preventing officers from serving as jurors violated Johannes Mehserle’s right to a fair trial.
Mehserle is charged with the fatal shooting of Oscar Grant on a BART station platform on Jan. 1, 2009.
The case was moved to Los Angeles because of concerns about pretrial publicity in Alameda County.
At a hearing Friday, Judge Robert J. Perry said he would consider Rains’ request.
–Jack Leonard