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Indybay FeatureRelated Categories: East Bay | Police State and Prisons | Racial Justice
Murdering BART cop Mehserle's attempt to get case dismissed with 995 motion FAILS
Another step in the right direction towards justice for Oscar Grant III as the prosecution of Johannes Mehserle moves forward!
Word is out that Mehserle will continue to face murder charges. His defense attorney Michael Rains failed to get Judge Reardon to overturn Judge Clay's decision in Johannes Mehserle's preliminary hearing that there was malice (i.e. intent) with sufficient evidence to proceed to a full trial for murder.
Rains raised a number of issues in his 995 motion yet none of them stuck. Reardon has apparently ruled that the preliminary hearing was conducted in a proper manner and reached a legally just conclusion by Judge Clay.
Now, the next big hurdle will be Rains' attempts to get the trial moved out of Alameda, which may be his last chance to save his client by putting the case in front of an all-white, rural jury who might not rule on the merits of the case against Johannes Mehserle but instead rule with prejudice in favor of cops and against people of color. That hearing will be October 2nd, with the full trial set to being November 2nd, if current scheduling holds.
Detailed notes from 995 hearing on September 4th will be forthcoming...
For more information, please see: http://www.indybay.org/newsitems/2009/09/16/18622116.php