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Declaring that he couldn't get a fair trial because of public outrage and we-are-all-Oscar-Grant fetishism, Judge Morris Jacobson ruled that Officer Johannes Mehserle, the BART cop accused of murdering Oscar Grant on New Year's Day, will get to have his trial moved out of Alameda County. In a court order, Jacobson wrote, "This case ... presents a grouping of factors that foreclose any real hope of insulating jurors from the pressure of the public outrage in Alameda County," Jacobson wrote in a 28-page order. "Defendant has met his burden of showing there is a reasonable probability that he cannot get a fair trial in Alameda County." A hearing at a later date will decide where, exactly, the trial will take place.
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Glad I won't be in Oakland tonight.
"I didn't do it, nobody saw me do it, you can't prove anything, man!"
-Bart
¡TODOS SOMOS OSCAR GRANT!
¡TODOS SOMOS OSCAR GRANT!
¡TODOS SOMOS OSCAR GRANT!
¡TODOS SOMOS OSCAR GRANT!
This makes a lot of sense provided that the trial is moved to a jurisdiction with a similar demographic profile to where the crime was committed (jury of one's peers and all). The same cannot be said if the trial is moved to Redding or Yorba Linda . . . It'll be Rodney King 2.0....
Well, that's a problem with any trial that has a strong racial element or the impression of any sort of racial discrimination. Even worse when it involves the police. Sadly it means it's going to cause problems either way. If it's a predominantly poor, black jury it'll get complaints that they voted in favor of conviction entirely for racial reasons, if it's a wealthy white jury acquitting you'll get the same problems.
This is going to need to be prosecuted in a largely middle-class area with a 50-50 mix of affluent blacks and working-class whites... and even then people will still complain that it was racially and economically biased.
¡TODOS SOMOS OSCAR GRANT!
¡TODOS SOMOS LOVELLE MIXON!
¡TODOS SOMOS CHAI SOUA VANG!
That asinine screed is the only thing you ever write. Grow up.
¡TODOS SOMOS JIVERLY VOONG!
Yo bro, take it easy. I'm just having fun with (social) media. You rule. Also, long live the hmong hunter.
¡TODOS SOMOS TODOS SOMOS!
Burrito nacho pho chow mein!
BART Cop Trail isn't nearly as fun or educational as Oregon Trail.
Or Nina's bones trail.
Redwood Regional Park Bros...I'm ROLLIN over the bones!
We are all Ed Jew!
Oh well. Police officers always get favorable treatment.
Ok, as my first non TODOS SOMOS comment to appease Capn Sludge, I'll say this:
I think the venue change made sense. Look, where did this happen? Oakland. Man, just do the math...how much coverage did this get? TONS. The girl's video was plastered EVERYWHERE dude, I mean it's in black and white already what happened. Now WITHOUT being an Oscar Grant killer apologist, the precedent for moving a trial is exactly these conditions: A highly publicized case with a heinous crime/result at contention. I-ANAL AFAIK the rules of a fair trial entail aggregating a fair and impartial jury of your peers, so being from Oakland or the Bay Area for that matter, may hinder that. So I think it's more due process because of the publicity and general moral outrage more than 'preferential treatment'.
well your screen name is aptly chosen, I can't figure out wtf your point is. care to decode it?
It was correct to move the trial to a different venue and no preferential treatment was given.
You're WRONG.
and even though in recent times the concept of "jury of your peers" has been decimated, how does the venue change square with it? you mentioned it, after all, and that was the connection i was hoping you'd translate.
also, "preferential treatment" is an opinion, but sure, i could be wrong that i really think it's my opinion.
@many: you must be really clueless if are unable to figure out crypto points -- fortunately he spelled it out using smaller, easier to understand words.
Of course, you haven't provided any support for your statement. Care to try?
I meant much wub...the less than 3 is kinda borked.
Maybe if I encode it it will work. <3
Being tried by a jury of people who haven't seen the youtube and haven't been talking it over with their friends for months is preferential treatment.
:D I guess you're right. I never thought about it that way. Sorry for being a BART police apologist while romanticizing about our fair legal system. Honestly I'll just shut up now since I know very little about the legal system, other than the fair trial thing is a romantic ideal and sometimes it's upheld (preferentially of course :) )
My position is fry the cop of course, but do it with proper procedure and tact.
I'm gunna shoot my gun I mean taser, I mean gun now.
Good night.
http://en.wikipedia.org/wiki/Change_of_venue
Just read it. Nothing preferential about it.
The theory behind trial by jury is to take the issue at hand to an impartial third party who is completely unfamiliar with the case. Each side presents their case in the matter and the jury pronounces their decision based entirely on what they hear in the courtroom.
It's not possible to achieve this ideal for a wide variety of reasons, but when you have an environment where people have been inundated with information about a case concerning very emotional issues you're so far from this concept that a change of venue is seen as necessary to get this desired, ideal impartial jury.
Preferential treatment really isn't being applied here, just an attempt to reach the ideals behind the system. A hostile jury with plenty of time to have been influenced outside of the courtroom by sources of varying levels of accuracy isn't going to be providing a fair trial. The evidence alone should be responsible for influencing the jury.
hey Brock!
why can't you just report the venue was changed without being a snarky asshole towards those interested in justice for this murder?
oh, yeah, because you don't have to worry about police murdering you. you're the perfect citizen and they almost never shoot unarmed white people.
selfish nihilistic prick
You suck.
I love when people crawl out from under a rock to flame somebody on a board on which they never post.
It wouldn't be SFist if not for all of the snark and assholeishness that goes on around here.
p.s.
Indybay called, they need your help distributing the "We are all Lovell Mixon" commemorative t-shirts.
I'd buy that shirt :)
Much
if he didn't want a trial in oakland he shouldn't have killed someone in oakland.