An L.A. County judge ruled Friday that the Alameda County district attorney\u2019s office can stay on the murder case of a former transit officer accused of shooting an unarmed rider even though authorities acted inappropriately by trying to interview the officer over the objections of his attorney.<\/p>\n
\nSuperior Court Judge Robert J. Perry found that Oakland police detectives, working under the direction of the Alameda County district attorney, violated former BART Officer Johannes Mehserle\u2019s constitutional rights following his arrest when they attempted to question him even though his attorney had told them he would not agree to an interview.<\/p>\n
\nMehserle\u2019s attorney, Michael L. Rains, argued that the conduct was \u201cshameful\u201d and that the entire Alameda County district attorney\u2019s office should be removed from the case.
\nPerry described the actions of the detectives and then-Dist. Atty. Tom Orloff as \u201cunseemly\u201d but also found that it was a \u201cfairly minor\u201d violation.<\/p>\n
\nIn allowing the D.A.\u2019s office to keep the case, Perry noted that Mehserle declined to speak to detectives and that Orloff had since retired.
\nPerry also denied a request to reduce Mehserle\u2019s $3-million bail. He said the former police officer, who is free on bail, remained a flight risk.<\/p>\n<\/p>\n
Mehserle, 28, is charged with murder in the New Year’s Day 2009 killing of Oscar Grant on a BART station platform. Fellow passengers recorded the shooting and its chaotic aftermath on cellphones in footage that was broadcast widely. The shooting sparked riots in downtown Oakland and death threats against Mehserle.<\/p>\n
\nMehserle’s defense has argued the officer meant to shoot Grant with an electric stun gun but mistakenly grabbed his pistol instead.
\nMore than two dozen Grant supporters attended Friday\u2019s hearing while others joined in a demonstration outside the downtown Los Angeles courthouse. The supporters held signs that read \u201cJustice for Oscar Grant\u201d and \u201cStop Police Murder Now.\u201d <\/p>\n
The trial, which was moved to Los Angeles following concerns about pretrial publicity in Alameda County, is scheduled to begin June 7. <\/p>\n
— Jack Leonard at the L.A. Superior Courthouse downtown<\/p>\n
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