Cross-posted with links and video at PoliticalReformer.com
Another trial is underway which involves the death of an unarmed Black man at the hands of police. As we have seen in similar instances during past years, this one concerns an incident that was recorded on video. Also, as we have seen historically in many racially charged, high-profile legal proceedings, a jury devoid of African-Americans has been selected to hear the case. In anticipation of a verdict that citizens might interpret as unjust, the police have spent a year in training and preparation for the possibility that the trial’s outcome may lead to civil unrest. And now for the good news. There is a chance that the facts of this case might — just might — lead to a “just” verdict that is supported by the evidence. Here are a few of those facts:
► During the early morning hours of New Year’s Day on January 1, 2009, then-Bay Area Rapid Transit (BART) police officer Johannes Mehserle fired a bullet into the back of then, 22-year-old Oscar Grant who lay face down on a cold station platform in Oakland, California. Mr. Mehserle was standing behind and above Mr. Grant at the time. The scene was witnessed by numerous bystanders, while images surrounding the incident were captured by the cell phone video cameras of passengers.
► There is no dispute that (1) the initial incident that police were called to resolve (a fight between passengers on a subway train) never suggested use of a weapon, (2) Mr. Grant was found to be unarmed, and (3) police did not report that Mr. Grant held or reached for an object that they mistook for a weapon. Therefore, unlike New York City’s infamous Amadou Diallo case, where the victim was struck down in a hail of 41 bullets in a 1999 police shooting — officers cannot claim that Grant was gunned down because he held his wallet in his hand. As you may recall, the police officers charged in the Diallo case were acquitted of all charges.
► Rather than face the interrogation of an internal police investigation, Mr. Mehserle resigned from the force one week following the shooting, and then fled to Nevada, where he was arrested on the charge of homicide following the issuance of a fugitive warrant in his name.
► Mr. Mehserle currently claims that he mistakenly drew and fired his gun, thinking that it was his taser. While this is not completely beyond the realm of a rational juror’s imagination, the validity of this assertion is even more questionable than it would otherwise be, given that Mr. Mehserle’s taser had (1) a look, including bright yellow markings, weight, and feel that is much different from that of his police firearm, as well as (2) its own special holster on the left side of Mehserle’s body — the side opposite to that in which his gun was holstered. Unlike his taser, however, Mehserle’s gun should have been secured by snaps and buttons that would need to be undone prior to removal from the holster.
► In support of Mr. Mehserle, former BART police officer Anthony Pirone testified, “I remember [Mehserle] telling me that he was going to tase Oscar Grant. . . He told me to get up.” However, it is important to point out that ex-officer Pirone conceded to prosecutors that this was “odd” since he (Pirone) “had control of [Grant's] body.” ”I was holding him down,” Pirone, who stands above 6 feet and weighs nearly 250 pounds, told the court. ”Why would I give that up?”
It is also critical to keep in mind that Pirone, who is white, (1) was identified by passengers who began recording the event as the catalyst whose excessive physical force and violent, disrespectful language caused them to turn on their camera videos, (2) used the racial epithet, n****r, against Mr. Grant, the victim, just prior to the shooting, (3) described himself as having had a big brother / mentoring relationship with Mr. Mehserle, the shooter, and (4) was fired along with another officer from the BART police force following an independent review of their behavior during the subway station incident.
► Anthony Pirone also testified that following the shooting, Mr. Mehserle said, “Tony, I need to talk to you. . . . I thought he was going for his gun.” Back in January, however, the judge presiding over a bail hearing found Mr. Mehserle’s juxtaposition of this claim and his taser defense to be inconsistent, since the victim’s “going for his gun” would have warranted the use of the police officer’s firearm, rather than a taser.
► The city has already settled a lawsuit filed on behalf of Mr. Grant’s young daughter by paying her $1.5 million.
On Monday, the prosecution rested its case. Now, it’s the defense’s turn. As the San Francisco Chronicle has reported, however, rather than chip away at the facts of the case, defense attorneys appear certain to put Oscar Grant’s character on trial. Based on the questions for and testimonies of the initial defense witnesses, that appears to be exactly what they are doing.
Confirmation from numerous consistent eye witness accounts and multiple video recordings, corroborating evidence of racial epithets spouted by police towards the victim right before the firing of an officer’s weapon, the direct involvement of three police officers, one of whom resigned and the others who were fired following a review of the incident . . . What more would a jury need to ultimately convict a white police officer of the murder of an unarmed Black man, who was laying face down on the ground after being pinned by a 250-pound man when he was struck by the fatal bullet? Perhaps, the defense will tell us in the next few days.
See the two videos below to view the shooting from different visual perspectives. On the audio of the first clip, which is completely free of any news narration, you’ll notice that a number of loud, nearby voices can be heard among the hundreds of passengers who were on the train at this time, which was approximately 2 AM on New Year’s Day 2009. The second clip (beneath the first) is an excerpt from a KTVU Bay Area broadcast. It is believed that the court plans to release the complete versions of all available videos, including footage not previously seen by the general public, on Wednesday, June 23rd.