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FW: [Justice4Oscar_GRANT] Digest Number 338

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  • jubilee shine
    yes that is needed. we in l.a. have obtained a letter from congresswoman maxine waters, in addition to the one from barbara lee, chair of the congressional
    Message 1 of 1 , Nov 18, 2010
    yes that is needed.  we in l.a. have obtained a letter from congresswoman maxine waters, in addition to the one from barbara lee, chair of the congressional black caucus.
     
    these help us organize & bring awareness & space to act.
     
    but we need to also bring direct action pressure on the doj to move, as they ultimately did to put the rodney king cops finally behind bars on federal charges.
     

    Posted by: "justice2003tran" sccala@...   justice2003tran

    Wed Nov 17, 2010 7:27 pm (PST)

    Dear Justice for Oscar Grant:
    The Coalition for Justice and Accountability is a multiethnic collaborative of individuals and organizations representing communities who have been impacted by police practices in San Jose and who are working to improve police community relations. We are outraged by the recent verdict/sentences concerning the murder of Oscar Grant. We understand that the United States Department of Justice may be considering becoming involved in the case. Would you like our coalition to write letters Congressman Mike Honda, Congresswoman Zoe Lofgren and Congresswoman Anna Eshoo and ask that they write letters to the US Department of Justice to urge their investigation into Oscar Grant's murder?
    Please let me know if this is something that you would like us to do. Our email address is: sccala@pacbell. net
    Sincerely,
    Riohard Konda
    On Behalf of CJA



    unite the many,
    defeat the few!



     


    Date: Thu, 18 Nov 2010 08:28:19 +0000
    From: Justice4Oscar_GRANT@yahoogroups.com
    To: Justice4Oscar_GRANT@yahoogroups.com
    Subject: [Justice4Oscar_GRANT] Digest Number 338

    Messages In This Digest (3 Messages)

    Messages

    1.

    Former transit officer's attorneys seek bail

    Posted by: "jubilee shine" jubilee.shine@...   jubileeshine

    Wed Nov 17, 2010 7:27 pm (PST)





    http://www.washingt onpost.com/ wp-dyn/content/ article/2010/ 11/15/AR20101115 08173.html

    Former transit officer's attorneys seek bail

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    The Associated Press
    Monday, November 15, 2010; 10:50 PM

    LOS ANGELES -- Attorneys for a white former transit officer sentenced to two years for fatally shooting an unarmed black man are seeking his release on bail while he appeals his involuntary manslaughter conviction.

    Los Angeles County court officials tell the San Francisco Chronicle Monday that Johannes Mehserle will appear for a bail hearing on Dec. 3.
    Mehserle was sentenced Nov. 5 in last year's fatal shooting of Oscar Grant on an Oakland train platform.
    The judge threw out a separate conviction for intentionally firing a gun saying he believed Mehserle's testimony that the former officer had meant to use his stun gun instead of his handgun.
    With credit for time served, Mehserle could be eligible for release in about seven months.
    His sentence sparked protests by Grant supporters, who said the punishment was too light.

    unite the many, defeat the few!

    2.

    letter

    Posted by: "justice2003tran" sccala@...   justice2003tran

    Wed Nov 17, 2010 7:27 pm (PST)



    Dear Justice for Oscar Grant:
    The Coalition for Justice and Accountability is a multiethnic collaborative of individuals and organizations representing communities who have been impacted by police practices in San Jose and who are working to improve police community relations. We are outraged by the recent verdict/sentences concerning the murder of Oscar Grant. We understand that the United States Department of Justice may be considering becoming involved in the case. Would you like our coalition to write letters Congressman Mike Honda, Congresswoman Zoe Lofgren and Congresswoman Anna Eshoo and ask that they write letters to the US Department of Justice to urge their investigation into Oscar Grant's murder?
    Please let me know if this is something that you would like us to do. Our email address is: sccala@pacbell. net
    Sincerely,
    Riohard Konda
    On Behalf of CJA

    3.

    Mehserle sentence -- in the judge's words, on SFgate.com

    Posted by: "mesha" Iolmisha@...   isfonelove

    Wed Nov 17, 2010 9:59 pm (PST)



    [Crime Scene] </cgi-bin/blogs/ crime/index> AP/Mona Shafer Edwards
    Artist's sketch of Judge Robert Perry sentencing Johannes Mehserle. As
    he sentenced former BART police Officer Johannes Mehserle to two years
    in prison for involuntary manslaughter. .. Mehserle sentence -- in the
    judge's words Mehserle sentence -- in the judge's words [Artist's
    sketch of Judge Robert Perry sentencing Johannes Mehserle.]
    AP/Mona Shafer Edwards

    Artist's sketch of Judge Robert Perry sentencing Johannes Mehserle.

    As he sentenced former BART police Officer Johannes Mehserle to two
    years in prison for involuntary manslaughter, Judge Robert Perry
    delivered unusually lengthy and detailed remarks. He laid out his view
    of the trial's evidence, siding largely with the defense, and explained
    why he had to -- in the interest of justice -- throw out a separate
    allegation that Mehserle intentionally fired a gun at unarmed rider
    Oscar Grant during an arrest at Fruitvale Station in Oakland on Jan. 1,
    2009.

    Perry's comments Nov. 5 in Los Angeles County Superior Court suggest he
    was concerned about how the public would receive his ruling. They elated
    defense attorneys, who saw them as vindicating not only their position
    that the shooting was an accident, but their view that the Alameda
    County district attorney's office had overstepped and had given in to
    protesters and rioters when it sought a murder conviction.

    The remarks stunned prosecutors and Grant's relatives. They were
    particularly upset at Perry's assertion that Grant had been resisting
    officers when he was shot, and at his statement that "no reasonable
    trier of fact" could agree with prosecutors that the shooting was
    intentional and not the result of Mehserle confusing his gun and Taser.
    Some of Grant's family members walked out of court as Perry spoke.

    The following are several excerpts from a transcript of Perry's
    comments. The judge started by saying Grant had done nothing to warrant
    being killed and that the shooting was a tragedy for all involved:
    One man's life was needlessly taken, a second man's life and career were
    devastated. Nothing this court can do or say can remedy the harm that
    came from that tragic incident. Nothing I can do will restore Oscar
    Grant to his family and loved ones. Nothing I can do will restore
    Johannes Mehserle to the life he led before those fateful few minutes on
    that platform. [Protesters face off at a July rally supporting
    Mehserle]
    Brant Ward/The Chronicle

    Protesters face off at a July rally supporting Mehserle
    Perry went on to lament that the case of a white police officer shooting
    a black man had polarized the community:

    One thing I well understand, people see what they want to see and they
    hear what they want to hear in situations like this. Some people will
    see this case as the cold-blooded murder of a young man by a police
    officer. Others will see the case as the prosecution and conviction of a
    totally innocent man who made a tragic mistake. Nothing I do today will
    change those opinions.
    According to Perry, though, race was not a factor in the case. Some
    critics of the police believe Grant would not have been shot, or even
    detained, if he were not black. Video footage showed that, just before
    the shooting, a second BART officer, Anthony Pirone, taunted Grant by
    shouting, "Bitch-ass n--, right?" But the defense said there was no
    evidence Mehserle heard him.
    Oscar Grant was an African American. The defendant, Johannes Mehserle,
    is white. The court is well aware of the shameful history of racial
    injustice in this country. Well aware. But I can tell you I cannot and
    will not permit considerations of race to impact or influence my ruling,
    because I believe based on the evidence this was not a case about race.
    I do not believe based on the evidence the defendant was influenced by
    race. [Taser like the one Mehserle wore.]
    Lance Iversen/The Chronicle

    Taser like the one Mehserle wore.

    Perry rejected prosecutor David Stein's assertion that the jury had
    signaled it did not believe Mehserle's Taser story by convicting him of
    a gun enhancement, which is defined as a suspect firing a gun
    intentionally:
    It's the court's view that the jury found that Mehserle intended to draw
    his Taser and instead drew the gun. That is the only reasonable
    interpretation that I see in the verdicts in this case. Had the jury
    believed that Mehserle intended to shoot Grant, they would have returned
    a verdict for either murder or voluntary manslaughter.
    Later, he added:
    The district attorney argues that the jury could have found that
    Mehserle intended to use his firearm but did not intend to kill, that he
    did not consciously disregard risk to life when he fired into Grant's
    back. I don't think there's any basis in the evidence for that
    suggestion and I think it's -- it strains credulity. Mehserle shot
    directly into Grant's back from the distance of four feet. It is
    inconceivable that shooting someone in the back from that distance
    evidences anything other than a clear intent to kill.
    Perry then went into great detail to explain why the shooting must have
    been an accident. One factor he cited was that Mehserle had no good
    reason to shoot Grant -- which was precisely why prosecutors said the
    ex-officer should face harsh punishment.
    Pirone was virtually in the line of fire. That is suggestive that this
    was an accident. Mehserle was on the platform for a very brief period, a
    matter of slightly more than two minutes, before pulling his gun and
    shooting Grant. He was not threatened by Grant, he had no reason to pull
    his gun and shoot Grant. Mehserle had absolutely no motive to shoot
    Grant. He didn't know Grant and had never interacted with Grant before.
    Of great significance in the court's ruling is that Mehserle announced
    he was going to Tase Grant. This statement was corroborated by Pirone
    and (Grant's friend) Jackie Bryson. Mehserle stood to gain distance,
    which would be required for the shooting of a Taser to be effective. It
    would not have been required to fire a gun. Mehserle fired once, which
    is consistent with shooting a Taser and inconsistent with firearm
    training, which says if you're going to shoot, you shoot more than once
    -- you double or triple tap is the phrase used. Mehserle pulled on his
    service revolver in a manner suggestive of trying to pull out a Taser.
    He was pushing in. It took him several efforts to pull the gun. After
    the shooting his hands immediately went to his head in obvious shock and
    surprise. This is again inconsistent with an intention to shoot.
    (Grant's friend Carlos) Reyes heard Mehserle say, "Oh, s--. Oh, s--. I
    shot him." Again, further evidence that this was an unintentional
    shooting.
    [http://imgs. sfgate.com/ blogs/images/ sfgate/crime/ 2010/11/17/ mehserle_ gr\
    ant250x364.JPG
    ]
    AFP/Getty Images

    Perry said Mehserle had been justified in using a Taser on Grant
    because, he said, Grant was not complying with the officer's effort to
    handcuff him. Prosecutors had argued that using any weapon on Grant was
    excessive because he was unarmed and on his chest, pinned under two
    officers.
    Mr. Grant was resisting. I make that statement based on the video
    evidence and the autopsy evidence, which shows the shot entered on
    Grant's side indicating he was rolling in an upward manner ... Grant
    held his hand under his body with such force that a prosecution witness
    observing from the train remarked to a friend that Grant must be very
    strong.
    Perry said he gave "little weight" to one of the prosecution' s prime
    arguments -- that if Mehserle had killed Grant accidentally, he would
    have said as much to one of his colleagues:
    Much has been made by the district attorney that Mehserle did not say it
    was an accident and that he told Pirone he thought Grant was going for a
    gun immediately after the shooting. It is argued that Mehserle was
    intentionally lying to cover up his crime. It is further argued that
    Mehserle's failure to tell his support officer hours after the shooting
    that it was an accident is further evidence that he intended to shoot
    Grant. Based on my review of the evidence, I reject these arguments. It
    is clear from the video that immediately following the shooting,
    Mehserle acted in an obvious physical manner that can only be
    characterized as shock and dismay. His hands went to his head in
    apparent disbelief of what had happened. I accept his testimony that he
    did not know how he had come to have shot Grant and that he was in shock
    following the shooting. In the court's experience, individuals react
    differently to stress. I place little weight on Mehserle's statements
    immediately following the event.
    Perry agreed with the defense that the atmosphere at Fruitvale Station
    was chaotic. Prosecutors had argued that Mehserle's colleagues had
    exaggerated the situation while on the witness stand:
    The noise on the platform was extraordinarily loud and the situation was
    a near riot when Mehserle came on the scene.
    Finally, Perry concluded that "no reasonable trier of fact" could have
    found the shooting was intentional. It was a strong statement. Although
    they did not hear all the evidence, two Alameda County judges said last
    year that the Taser story was made up, one after a bail hearing and one
    after a preliminary hearing:
    Having considered all the evidence and weighed it in a light in favor of
    finding the allegation to be true, the court finds that no reasonable
    trier of fact could have concluded that Mehserle intended to fire his
    gun. ... The evidence that Mehserle intentionally used his firearm was
    so clearly insufficient that the gun enhancement allegation should be
    dismissed.
    [http://imgs. sfgate.com/ blogs/images/ sfgate/crime/ 2010/11/17/ mehserle_ jo\
    hannes250x312. JPG
    ]
    Douglas County sheriff

    As he decided whether to give Mehserle two, three or four years for
    involuntary manslaughter, Perry found a number of reasons to choose the
    low term. He referred to a fight on a train that Grant had been in
    before his arrest and to Pirone's aggressive detainment of Grant and
    four friends before the shooting:
    Many persons contributed to the tragedy that occurred in this case. The
    persons who fought on the train. Had there been no fight, I doubt that
    we would be here. (Grant's friend Michael) Greer got back on the train
    and disobeyed Pirone. Pirone's coarse and aggressive conduct as to Greer
    and the other detainees incited the crowd. The members of the crowd
    added to the tension of the situation by creating a near riot. All of
    this occurred before Mehserle even came to the scene. All of these
    people share some responsibility for setting the stage for this tragedy.
    BART contributed as well by setting Mehserle up for failure due to
    inadequate Taser training.
    Perry said he was mindful of concerns by law enforcement that a prison
    sentence for Mehserle could send a "negative message to officers who
    daily risk their lives to protect law-abiding citizens." But he went on:
    The court is aware of all mitigating circumstances in this case.
    Mehserle is not an aggressive person. No prior record. Good work
    history. Loving and supportive family. No likelihood of reoffending. I
    accept all these reasons. The district attorney claims there was no
    remorse. I see tons of remorse in this case. But when I consider
    sentencing as the probation department has observed, I must remember
    that a young man needlessly died. I believe prison is appropriate.
    Finally, Perry wrapped up his remarks with another nod to the intense
    feelings the case had provoked:
    We started this case with me saying I did not volunteer for this
    assignment. I did the best I could with this case. I well understand my
    decisions today will not be well received by many people and I'm sorry
    for that, but all I can say is I did my best.
    Posted By: Demian Bulwa </cgi-bin/blogs/ crime/author? auth=399> (Email
    <mailto:DBulwa@sfchronicle. com> ) | November 17 2010 at 12:35 PM

    Read more:
    http://www.sfgate. com/cgi-bin/ blogs/crime/ detail?entry_ id=77194# ixzz15bg\
    BX0W6

    <http://www.sfgate. com/cgi-bin/ blogs/crime/ detail?entry_ id=77194# ixzz15b\
    gBX0W6
    >
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