Mehserle Trial Verdict Due

The BART shooting trial of Johannes Mehserle is due soon. Are you worried about the possible of riots similar to those for Rodney King in 1992?

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/07/02/MN0P1E83RA.DTL
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I think that the fact the entire jury is white is a real shame. If he gets manslaughter as is likely, it will only feed the flames of passion even more.
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FlowerGirl 2yrs+
Whenever I hear or see news about the Mehserle trial, all I can think of is Oscar Grant's little kid. I heard that right after he got shot that was the first thing that he said. "I got a four year old!" Heart breaking. People would have justification if all Mehserle got was a slap on the wrist!
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It is a sad case all around, but I don't see how Mehserle can get any more than manslaughter. I mean, he certainly didn't mean to kill Grant. I think he is said to have yelled out tha he was going to Tase Grant right before he shot him.
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I've been hearing people talk about the possiblity of riots. Will it be that bad.
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I doubt it will be anything like the Rodney King riots in '92. Or Watts in the sixties.
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FlowerGirl 2yrs+
If they don't give Mehserle at least manslaughter, I think there will be riots for sure. That would be outrageous!
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I really dont' think they have any chance of getting Second Degree Murder. But I'm not even sure they have enough for manslaughter. They have to prove that he was criminally negligent. I don't think they proved beyond a shadow of a doubt that he didn't just pull out the gun thinking it was the Taser. I don't think they can give him manslaughter for that. He can't be found guilty unless they can show some sort of an action that was criminally wrong. An accident doesn't count.
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FlowerGirl 2yrs+
I don't understand. He pulled out his gun and just shot the guy while he was just laying on the ground. They had Oscar Grant restrained--it was Mehserle and another officer. I don't see how he doesn't t get at least manslaughter.
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My understanding is that in order to get manslaughter, Mehserle has to have taken some sort of action that was criminal. Like drunk driving. If you drink and drive you are responsible for what happens. The "accident" that happens when you crash is a result of the choice to drink then drive. So its not the crash but the drinking that get you in trouble.
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FlowerGirl 2yrs+
If that is manslaughter, what is Second Degree Murder?
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Second Degree Murder is when you some scares you or gets you so mad that you--acting on the passion of the moment go out to your car, get your gun, come back in and shoot someone. I don't see how they can give Mehserle that at all. I'm not sure how they even charged him with that.
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FlowerGirl 2yrs+
I do. It was a chaotic situation at that BART station. Mehserle had just come from some other altercation. They were outnumbered and felt harassed. There was lots of noise and Grant was chewing them out, so he got mad, pulled out the gun when he meant to go for his Taser. He knew he had his gun, but he was so mad that rather than put it back and pull out his Taser he shot Grant. I could see that happening.
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But look at all that requires you to prove. First that he knew he had pulled out his gun and not his Taser. Then that he wanted to put it back but was too mad. Then that he shot him because he was mad.

I think it is more likely that not even Mehserle really knows what happened anymore. If you look at him right after he did it, he seems shocked by what he just did. Like he thought he had fired his Taser. I bet you though, that he's gone over it so many times by now that he himself doesn't really know if he meant to shoot Grant, Tase grant, or if his finger just slipped.
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FlowerGirl 2yrs+
He looks to me like a guy that just realized he's going to have to face the consequences for his abuse of power. Like he let his anger get the best of him.
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@NightOwl: I think you're close but a little bit off. Second degree requires that the prosecution prove that Mehserle intended to either kill Grant or that he took an action that knew might lead to Grant's or someone else's death. "In the heat of passion" would be considered Voluntary Manslaughter.

Check out this website:

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/07/01/MNQA1E7DM3.DTL
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FlowerGirl 2yrs+
@Doc: What do you think Mehserle will get?
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I think that the standard for those in power like police officers and teachers like myself are higher than for your average citizen. I really don't know all the details, but from what I see he should get at the very least Involuntary Manslaughter and preferably Voluntary Manslaughter. (I think on some level he meant to shoot him, even if he doesn't even believe it himself anymore.) I think the chaos of the situation got to him and he lost his cool. That should be Voluntary Manslaughter.
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Unfortunately, I fear the all white, middle class jury is going to let him off scott free. That will be tragic and I think if that happens Oakland will go up in flames some time next week.
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@DocFrankenstein: Looks like you were right. But I still think they have enough where they will give him involuntary manslaughter. Afterall, he should probably have made sure he knew the difference between his Taser and his gun before he went out on patrol. Failure to get that straight is probably enough for "criminal negligence" isn't it? I mean if I know that I don't really know how to drive my car well and go out on the freeway anyway, I'm libel if I get someone killed.
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I think when Mehserle took the stand, he might just have saved himself. He is said to have made a good impression. He didn't have any skeletons in his background. I think the jury will identify with him not with Grant who had a record (although I'm not sure how much of this got into the courtroom--I hear Grant's other run in with the law was not allowed in). I am very worried about this racial aspect of the trial. I think there is something really wrong with our court system.
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It's not 1992 anymore though. We've come a long way since Rodney King and O.J. I think the jury will be able to be more objective even if they are all white.
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I hope so, but I dont' think we have. I went to jury duty just last year and I was eliminated from a jury because I wrote that "I wasn't sure if a black person could get a fair shake." They intentionally choose the most naive uneducated juries I'm afraid. The defense seems to have gotten exactly what they wanted. They got the trial moved to L.A. and they choose the witnesses that would be most sympathetic to their cases.

Put bluntly, I don't see twelve white conservative jurors agreeing to send this 28 year old cop to jail--not with this evidence that requires them to carefully tease out the truth. No, I'm afraid this will bring the problem of race right back up again and that the City of Oakland is going to feel the brunt of it. I know I won't be driving through Oakland next week.
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Everyone is taking precautions though. Community leaders are trying to cool things down. Store owners are putting Grant's picture up on their windows. The police are going to try to be sensitive to people. I dont' see it turning into the 92 riots. That took people by surprise.
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In the heat of passion I doubt any of that will matter. Anger trumps such pleas of solidarity.
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This is really pretty depressing.
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FlowerGirl 2yrs+
Ditto on that!
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We are definitely agreed there.
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Given the way they keep delaying things we may not know what the verdict is until next week. First they replaced one juror and now another one had a doctor's appointment. Talk about the slow wheels of justice.
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It's involuntary manslaughter. So now we wait and see if that is enough.
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StephSF 2yrs+
Here's the official CNN article, for what it's worth...

http://www.cnn.com/2010/CRIME/07/08/subway.shooting.trial.verdict/index.html?hpt=T2
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StephSF 2yrs+
BTW what a mess...did anyone actually see/experience the riots?
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I didn't see it or go into the city, but all in all it seemd relatively tame. It certainly wasn't the L.A. Riots. I lived down there during that and it really shut everything down. This was pretty tame as far as "riots" go. In fact, I'm not really sure they should reall by called much more than disturbances.
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On a ridiculous note, one of my wife's acquiantances pulled her daughters out of school at their private school because their were "black people" in her daughter's class and she was afraid for her daughter's safety. IN WALNUT CREEK! Talk about an over reaction filled with racist assumptions. Does she really think that Walnut Creek was going to turn into the Watts Riots? Let's here it for yet another truimph of ignorance over common sense.
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StephSF 2yrs+
Yeah, Walnut Creek sure is filled with gangs and crime. Especially in those private schools.

On another note, do the police layoffs in Oakland have anything to do with the riots? It almost seems like ironically bad timing...
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