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Indybay FeatureRelated Categories: East Bay | Health, Housing, and Public Services | Labor & Workers | Police State and Prisons
Oscar Grant Update: Bay Area is Stunned as a Lying BART Cop is Reinstated
Last week an officer who blatantly lied under oath was given her job back.. We’re talking about Marysol Domenici who was one of the first officers to on the scene at the Fruitvale BART station in Oakland, January 1 2009 when an unarmed Oscar Grant was shot in the back by convicted former BART cop Johannes Mehserle.
Domenici was fired after an independent investigating law firm Meyers Nave concluded she had lied about what took place the night of Grant’s murder. Domenici who had been on 15 months paid leave at the time of her firing, appealed via arbitration with the ruling she be immediately reinstated with back pay. The arbitrator, William Riker insisted that the prior investigation was flawed and that he saw no evidence that Domenici was untruthful.
Rulings like these have given people more and more reason to have little confidence in the justice system. What has taken place over the past two years around the killing of a Oscar Grant is something all of us involved with social justice issues will have to study for years to come. How can one be so meticulous in following every ‘proper’ step to seek justice only to see it thwarted at every turn?
To hear an arbitrator say that Domenici didn’t lie is beyond outrageous. Here’s a few things that are glaring.
During the preliminary hearings Domenici under oath emphatically stated that Oscar Grant had grabbed her arm. However when a video was shown it showed Grant holding on to the arm of his friend Jack Bryson. When confronted with the video, Domenici recanted her statement.
Under oath Domenici claimed that there were 40-50 people on the BART platform, the scene was chaotic and she feared for her life.. Those were exact words-She feared for her life. However, when a video is shown.. there is NO ONE on the platform.. Where were the 50 people? Not only that Domenici trained Black belt fighter which suggests a discipline and methodic approach toward dangerous situations, claimed she feared for her life, yet never called for back up. She also said that she would’ve used lethal force and killed somebody.
During the actual trial when Domenici took the stand she was confronted with her lies about 40-50 people being on the platform.. She tried to switch it up and say the train that was packed with passengers returning home from New year’s celebrations was ‘an extension’ of the platform. Yes, the train was packed, but no one was rowdy or jumping our confronting officers.
Domenici also claimed that Oscar friends caused his death by not co-operating. She made the claim they had struggled against her, but when questioned she noted that Grant’s friends didn’t struggle. What was crazy was Domenici had pulled out a taser and had pointed it at the heads of some of Grants friends threatening to shoot them which was not only against department protocol but also deemed unconstitutional by the 9th circuit court.For folks in the Bay Area who have followed this case, from day one there was a call to have all the officers on that BART platform charged with crimes after Oscar Grant was murdered. While it was Johannes Mehserle who did the shooting, Domenici and her partner Tony Pirone who was also fired and now appealing, set the hostile climate that led to Grant’s death.
By deliberately exaggerating and making it sound like things were out of control, anyone the officers grabbed that night were likely to be subjected to harsh treatment. This is what happened to Grant and his friends. Even after he was shot, he was handcuffed because the officers claimed the environment was hostile.
BART says the ruling to reinstate Domenici is out of their control. The ruling has left many in the Bay Area asking some hard questions: 1-How could Marysol Domenici be reinstated in the face of all her wrong doings? 2-Why has she not been charged with perjury? By all accounts she lied on the stands. Her sworn accounts do not coincide with what was shown on videos? They also change from the preliminary trial to the trial? Why hasn’t Alameda DA Nancy O’Malley hit Domenici with perjury charges? The statute of limitations have not run out? If not O’Malley should this question be brought to the feet of California’s new Attorney General Kamala Harris?
Many are vowing to keep pushing in the upcoming New Year. Thus far two years have hard work have been stomped on by a far right conservative judges, Robert Perry and now this arbitrator who says he found nothing untruthful. All one has to do is read her statements, look at the video and can see it clearly. It’s clear for some the admission that cops could do something so egregious is unfathomable and thus even in the face of something this glaring, they give the police benefit of the doubt. That has got to change in the New Year.