As the Johannes Mehserle trial starts today, the prosecution has a surprise that might not bode well for the former BART cop accused of murdering Oscar Grant. See, according to BCN (via CBS 5), "Prosecutors said Wednesday they have a cell phone picture taken by Oscar Grant of then-BART police Officer Johannes Mehserle pointing his Taser at Grant, just minutes before Grant was shot on New Year's Day 2009."

This photo could fly in the face of the defense's argument that Mehserle accidentally thought he was using his Taser, not his pistol, when he shot a mischievous Grant on New Year's Day.

The trail, which was moved to Los Angeles, is expected to last anywhere from two to four weeks. According to the Chron, Mehserle is just one of a few officers to be charged with murder while on-duty.