80% of black residents surveyed and 33% of white residents already believe Johannes Mehserle is guilty in the case of the New Year's shooting death of Oscar Grant, therefore his attorney Michael Rains is arguing for a change of venue. In papers filed last week, Rains said the trial should be moved out of the Oakland area on account of these racial divisions. Meanwhile, four of the six BART police officers involved in the incident that night have quietly returned to work, while Mehserle and one two other officers remain on paid leave.