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Mehserle's Change of Venue Exhibits 9, 10, & 12: CA Police Killings, Oakland Murders, and Mixon Flier
by dave id
Tuesday Oct 6th, 2009 1:35 PM
As Johannes Mehserle's hearing to determine if his trial for the murder of Oscar Grant III will stay in Alameda County is now in session, here are some more attachments from the written motion to change venue filed by Mehserle's defense attorney Michael Rains. While these Exhibits (attached below) are completely irrelevant to the question of venue, as is most of Mehserle's motion to move the trial, the documents are informative nonetheless.
dangerpoliceinarea.jpg
dangerpoliceinarea.jpg

The first exhibit attached below is California Department of Statistics data on "justifiable" homicides by police in California from 1999 to 2008. The second exhibit below is a report by the Urban Strategies Council on all known homicides in Oakland during the year 2008. Lastly, a flier is attached that was reported to have been left on police vehicles in at least two cities shortly after the deaths of the four Oakland police officers killed in March of this year.



Mehserle's Change of Venue Motion Exhibit 1: Declaration of Edward J. Bronson
http://www.indybay.org/newsitems/2009/10/05/18624601.php

Mehserle's Change of Venue Motion Exhibits 13 & 14: Local Groups Involved in Protesting
http://www.indybay.org/newsitems/2009/10/04/18624445.php

Opposition Filing Knocks Down Mehserle's Racist Change of Venue Motion Point by Point
http://www.indybay.org/newsitems/2009/10/04/18624372.php

Judge Refuses to Delay Change of Venue Hearing in Murder Trial of Johannes Mehserle, 9/25/09: PDFs
http://www.indybay.org/newsitems/2009/10/01/18624019.php

Mehserle's Racist Change of Venue Motion Cites Indybay and Community Activists
http://www.indybay.org/newsitems/2009/09/16/18622182.php

Johannes Mehserle's 995 Hearing: video, photos, and court documents including ruling
http://www.indybay.org/newsitems/2009/09/16/18622116.php

Murder Charge Sticks for Johannes Mehserle
http://www.indybay.org/newsitems/2009/05/24/18597663.php


Ten years worth of records of police killings of citizens in California is included in Exhibit 9.

The first related chart breaks down police killings by county and the excuse the police used to justify the shooting. It does not mention how many of the suspects were unarmed or other relevant information. Los Angeles County, which has roughly the same population size as the 9-county Bay Area, has the highest police kill rate at 310 people since 1999. Southern California's Riverside, San Bernadino, and San Diego counties each have over 90 killings by police, and Orange County rounds out the Top 5 with 76 killings. Unnamed Alameda County police forces are reported to have killed 46 total people in the last ten years according to this data. The Oakland Police Department released their own report earlier this year on citizens they have shot and killed over the last five years: http://www.indybay.org/newsitems/2009/02/07/18568854.php.

A second chart breaks down the data by county and by ethnicity/race of victims.

Exhibit 10 is a report by the Urban Strategies Council on homicides in Oakland. Their report -- "2008 Homicide Report: An Analysis of Homicides in Oakland from January through December, 2008" -- includes a multitude of data on the victims, by gender, age, race; the weapons used; time of day; indoor/outdoor locations; and geographic data including the City Council District and police beat in which the killings occurred, with maps.

Whether this flier was ever actually placed on cops cars, was a false flag operation of some sort, or was indeed distributed by someone sincerely upset with the murder of Oscar Grant is unknown. The only report of it came from the San Francisco Chronicle and how they came to be tipped off about it was not made clear. Lastly, how it is that Michael Rains came up with a copy of the supposed flier to use as a red herring in his quest move Mehserle's trial out of Alameda County is not explained in Exhibit 12. Michael Rains was a police officer prior to his career as a defense lawyer for people like Johannes Mehserle.

The Chron's piece that reported on the fliers in April was reposted here: http://www.indybay.org/newsitems/2009/04/10/18587485.php.

For Exhibit 1, please see http://www.indybay.org/newsitems/2009/10/05/18624601.php.

Comments  (Hide Comments)

by in court
Tuesday Oct 6th, 2009 5:22 PM
So what happened in court today? Did the judge rule on the motion to move the trial out of Alameda?
by dave id
Tuesday Oct 6th, 2009 8:30 PM

The defense venue witness was examined and cross-examined today and will continue testifying tomorrow.

A report from inside the court room will be posted by an attendee in the near future.
by Richard Phelps, Attorney
Wednesday Oct 7th, 2009 9:32 AM
I happened to have nothing on calendar after I finished mediating an injury case and went to see if I could observe the venue hearing. I got there a few minutes after it started and there was a seat or two still open. The DA prosecuting the case did an excellent job on cross of the defendant's venue expert. At about 4:20, after getting the Def .expert to agree on what would make a survey question biased, the DA read one of the major questions in the survey used by the expert to support his opinion that a change of venue was needed. It was clearly biased in that it started off with a statement that " some people think that if he is found not guilty there will be violence" or something to that effect. When confronted with this the expert was visibly and verbally shaken up since he was trapped by his own prior acceptance of a definition of a biased question that fit the question presented to him like a well tailored suit.

It will continue today at 2 pm on the 7th floor at 1225 Fallon street. The cross will continue and if you want to see an excellent lawyer at work doing a cross examination drop by and observe.

If the survey is a lie, the change of venue must go bye, bye!
by Carmen
Wednesday Oct 7th, 2009 11:09 AM
I have been told that the ADA was aggressive and on target towards the KIller Cop's witness. Fine . But do not forget that the same DA's office is trying to put away KPFA Programmer JR Valery on bogus charges . IN fact this whole proesecution wouldn't even be taking place without the video footage shown to the world !!!!!The DA would ignore the many eye witnesses and believe the lying ass cops version of this murder .
Don't ever forget that as compendent of a job this ADA may be doing they're never our friends .