Johannes Mehserle's Bail Set at $3 Million

Alameda County Superior Court Judge Morris Jacobson set Johannes Mehserle's bail at $3 million. Jacobson told attorney Michael Rains Mehserle's story contained contradictions. Mehserle's official story is he was reaching for his taser. Jacobson noted Mehserle told other officers Oscar Grant had a gun. Jacobson does not believe a BART officer would reach for his taser to defend himself against an armed man. Other officers said Mehserle was going to "take" Grant.

Whatever version is true: there is little doubt Mehserle shot the subdued Grant in the back. Several cell phone cameras captured the shooting. Legally, Mehserle is not contesting he was the shooter. Mehserle claims not to know the difference between a gun and taser.

Bail was set on legal guidelines and the severity of the crime. Jacobson is afraid Mehserle is a flight risk.

Protesters were outside the courthouse. Grant's family and supporters are not happy about Mehserle being granted bail.



BART Police Chief Gary Gee has become part of the controversy. Gee sent a memo out on how BART officers can send money to Mehserle in jail.

"It is unacceptable for the police chief, who ostensibly is investigating Mehserle and other officers . . . to encourage officers to visit and make financial contributions to Mehserle," said attorney John Burris, who is representing the Grant family in a wrongful-death claim against the transit agency.

The mob mentality is scary. There have been riots and people want Mehserle sentenced yesterday. Mehserle disgraced the uniform. We still have a justice system and everybody is innocent until proven guilty. It is obvious the black community has long-standing grievancess with BART. Community leaders need to figure out how to improve relations between BART and the black community. Eventually, the Grant trial will be over. The problems will remain, unless addressed.

More On Johannes Mehserle

Accused Oscar Grant killer Johannes Mehserle hired high-powered defense attorney Michael Rains. Merserle pleaded not guilty to the murder of Grant.

Oakland resident Ken Carrethers is accusing former BART police officer Johannes Mehserle of using excessive force. Carrethers told East Bay News he complained to another subway passenger about BART police doing nothing about his car being twice broken into.

"Well you see that's why, because they're standing around with their hands in their pockets," Carrethers said to the other passenger.

Carrethers said Mehserle overheard the conversation.

"You're talking about us, aren't you?" Mehserle reportedly said.

Mehserle and Carrethers got into a verbal exchange. Carrethers denies using profanity. According to the San Francisco Chronicle, Mehserle and three other officers took Carrethers down to the pavement. Carrethers was sent to the hospital.

There are no eyewitnesses to the arrest. Carrethers has served prison time.

Raw Story has video of an interview with Carrethers

Oscar Grant Shooter Johannes Mehserle Arrested.

BART police officer Johannes Mehserle has been arrested in Lake Tahoe, Nevada. Mehserle is charged with the murder of Oscar Grant.

Johannes Mehserle, the BART cop who shot and killed an unarmed man in Oakland on New Year's Day, sat behind bars in a Bay Area jail on Wednesday night, charged with murder.

Appearing in a Nevada court Wednesday, Mehserle waived extradition and returned to the Bay Area, where he was taken to Santa Rita Jail on the murder charge — a rare filing against a police officer — that was announced by Alameda County District Attorney Tom Orloff.

It is uncertain whether the final charge will be first or second degree murder. Alameda County District Attorney Tom Orloff's statement leans toward a first degree murder charge.

"At this point, what I feel the evidence indicates is an unlawful killing done by an intentional act and from the evidence we have there is nothing that would mitigate that to something lower than a murder," Alameda County District Attorney Tom Orloff said.

Orloff told the San Francisco Chronicle there is video footage that did not get posted on the internet.

"The videos are very powerful on what act was committed," the district attorney said. "The issue likely to be in this case is, what was the mental state at the time that act was committed?"

The scene in Oakland is getting ugly. Mehserle's received a bomb threat. There is more vandalism from protesters. Oscar Grant's death will be felt, in the community, long after the trial verdict.

Oscar Grant Investigation Finished

Bart police have completed their investigation into the shooting death of Oscar Grant.

The decision on whether former Officer Johannes Mehserle will face criminal prosecution in the shooting death of 22-year-old Oscar Grant of Hayward now rests with prosecutors, said BART General Manager Dorothy Dugger.

"Now it is the district attorney's responsibility to decide whether to file charges in this case," Dugger said at a hastily arranged news conference at BART headquarters in Oakland. "We urge the district attorney to expeditiously review all the evidence available to him and bring this investigation to a conclusion."

14 witnesses and 6 officers involved were interviewed during the investigation. The total of 40 people were interviewed by BART.

The investigation has come under public pressure for a quick resolution. Homicide investigations should not be rushed. Sloppy investigative work could damage potential criminal prosecution. Red ball cases need to be handled carefully. The Hillsborough County Sheriff's office poorly managed the baby Sabrina Aisenberg case.

Theories: First off, the issue of police and prosecutorial misconduct in this case is jaw-dropping. One paper said afterward that the Keystone Kops would have done a better job than what they had done. After using rather doubtful evidence to obtain a wiretap of the Aisenberg's home, they can't get tapes that are understandable. So what do they do? Create manuscripts that have no basis in fact! All of the tapes were ruled to be largely inaudible by a judge, and were thrown out as evidence. There was a fingerprint that was not identified in the home, someone reported months later that someone they baby-sat for had a baby who bore a strong resemblence to Sabrina, as well as plans of the Aisenberg home, and several other break-ins of homes with babies in the area- I find the evidence is overwhelming for Sabrina having been kidnapped. Yet none of these factors clinched it for me. Rather, it was the disapearence of a blanket from her crib at the same time she vanished. Most people trying to cover up a murder wouldn't think of such a small detail, but if you had to take a baby outside on a November night, wouldn't you grab something to wrap them in? And if you were unfamiliar with the house, you'd grab the first thing you could. Like a crib blanket. The recent case of Delimar Vera is a lesson for all those who seek to bury Sabrina perhaps before her time. A child may be overlooked by those who seek a body.

Sabrina Aisenberg is still missing. No law enforcement officers were fired for their handling of the wiretaps.

Bill O'Reilly is using the Grant shooting to attack blacks.

Again, everybody knows American law enforcement officers cannot be shooting suspects who are helpless on the ground. No civilized society can tolerate that. But cities like Oakland should not be tolerating high crime rates either. The folks should be helping the cops combat that.

Selective outrage is in play here. High crime breeds police abuse. Riots are criminal acts. The good people of Oakland should do something about all this.

I'm sure the citizens of Oakland wished their crime rate was lower. People do not wake and say "I'm glad I live in a crime infested neighborhood." O'Reilly's racism works it's way into several Talking Points. O'Reilly was shocked that blacks in the Harlem restaurant Sylvia’s eat in a civilized manner.

O’REILLY: There wasn’t one person in Sylvia’s who was screaming, “Motherfucker, I want more iced tea.”
WILLIAMS: Please–
O’REILLY: You know, I mean, everybody was — it was like going into an Italian restaurant in an all-white suburb in the sense of people were sitting there, and they were ordering and having fun. And there wasn’t any kind of craziness at all.

O'Reilly should stay away from issues involving race. If O'Reilly chose not to be willfully ignorant, he would know the pastor at Grant's funeral urged the black community to stay calm. The rioting only hurts business and home owner that have no direct involvement with the Grant shooting. Ken Epstein of the Oakland Post was covering the story. His car was burned during a riot.

"I'm sorry my car was burned but the issue is very upsetting."

Epstein is sympathetic to the black community's anger. Burning his car serves no purpose. Black leaders and Oakland officials need to calm people and put this red ball case down.

Oscar Grant Shooting

Via PostBourgie: Amnesty International declared the death of Oscar Grant a clear cut abuse of police power. Grant was unarmed, with a officer restraining him. Another officer shot Grant once in the back. The injury was the cause of Grant's death.

“When an unarmed man is shot in the back after police put him face down on the ground, it is the time for authorities to demand action, not patience. Days after the incident, the officer still has not been interviewed. The delay in this critical part of the investigation hints at the callousness to the worth of human life to a public that is all too familiar with racial profiling, police brutality and cover-ups. Whatever the final investigation reveals, the bottom line is that there is never justification to shoot an unarmed person, especially one who is restrained. It is an obvious violation of the most basic human rights standards, and a clear cut abuse of power.”

Several cellphone cameras caught the shooting. Grant appears to be handcuffed. CNN claims Grant wasn't.





The officer that fired the shot submitted his resignation. The Bay Area Rapid Transit accepted the resignation without argument. Clearly they want the officer to disappear. Attorney John Burris filed a $25 million suit, on behave of Grant's family.

I am trying to figure out a logical reason the officer felt the need to shoot. Grant was restrained and on his stomach. How this this officer feel threatened by Grant? Several people were using phone cameras. What could have possibly made the officer think this was the appropriate time to shoot Grant? It makes more sense to think the officer acted in anger than performed what he thought was good police work.

The incidents brings race and police brutality to the forefront. What a political nightmare. What a sad story. Grant was a father. His child will never get to know his dad.

Holly has a post on Grant. She underwent a similar experience.

Update: the investigation into the shooting is finished.

Oscar Grant Shooter Johannes Mehserle Arrested

More On Johannes Mehserle

Johannes Mehserle's Bail Set at $3 Million