BART Shooting Trial To Be Held In L.A.OAKLAND (CBS 5 / AP / BCN)
The ruling by Alameda County Superior Court Judge Morris Jacobson comes a month after he decided the murder trial of Johannes Mehserle would be moved out of the Bay Area because of extensive media coverage of the case, as well as concerns over shielding jurors and trial witnesses from any possible civil unrest.
State court officials had recommended two Southern California counties — Los Angeles and San Diego — to the judge as possible sites for a trial.
But Jacobson concluded that of the two, there was a larger, untainted jury pool in L.A. — with a bit more diversity. He also cited cost savings as a major factor in his decision.
"The interest of justice will best be served by transferring the case to Los Angeles County," Jacobson said.
Mehserle, 27, is charged with fatally shooting Oscar Grant III, 22, at BART's Fruitvale station in Oakland on New Year's Day. The incident was video-recorded by several bystanders on their cell phones, shown across television and the Internet and subsequently used as evidence in a preliminary hearing last spring.
"This is the most important decision in this case, other than the verdict," John Burris, the Oakland attorney representing Grant's family, said after Thursday's ruling. "If the case went to San Diego County, Mehserle would have walked."
"L.A. County has a lot more experience dealing in cases with African American men being killed by police," he said. "They can understand those issues rightly or wrongly, up or down."
Burris, who filed the Grant's family $50 million civil rights lawsuit against BART, Mehserle and other officers, said whatever verdict is reached in Los Angeles would be better accepted by Alameda County residents than would have been the case with a verdict in San Diego.
"If the trial was held in San Diego and their jury was essentially all white and Mehserle were acquitted that could cause some issues here," Burris said. "San Diego has a history of being more favorably disposed toward police officers than Los Angeles is."
Mehserle has pleaded not guilty in the case. Jacobson said that Los Angeles County court officials may not be ready to handle the case for at least six months, or even a year.
Jacobson apparently had to weigh costs for Alameda County by comparing possible trial costs in Los Angeles and San Diego counties. The judge said San Diego County court officials told him that their courthouse was not prepared for a high-profile case and would have to make significant security adjustments and provide a judge and extra bailiffs at a cost to Alameda County.
Los Angeles County said it would be able to provide its own judge and already has a sophisticated security system in place.
Mehserle's attorney, Michael Rains argued Thursday that he preferred San Diego County because it had enough courtroom space and with Mehserle's right to a speedy trial, one could begin as early as January.
Rains said delaying the trial would create "an enormous hardship" for Mehserle, who's free on $3 million bail, because he's been unemployed since resigning from BART a week after the shooting incident and has had a hard time finding another job.
"A fellow facing murder charges doesn't just walk out and get a job," Rains said. "He deserves to get this behind him."
Rains further argued that if the trial was held in Los Angeles County, there could be a "boiling cauldron" similar to the violent aftermath in the 1992 Rodney King case.
Rains said there had been more media coverage in Los Angeles about the case compared to San Diego.
"It is possible that this case ignites that boiling cauldron," Rains said.
Rains initially argued for a change of venue, citing a survey of nearly 400 potential jurors in Alameda County. It found nearly 97 percent knew details about the case, and nearly half believe Mehserle is guilty or probably guilty.
Prosecutor David Stein argued on Thursday that Los Angeles County had the capability and the security needed for such a highly charged case. He also said the odds of getting more African Americans on a jury is greater in Los Angeles County than in San Diego County.
A diverse jury will bring more "legitimacy" to Alameda County residents, no matter the final outcome, he added.
"When the verdict is ultimately rendered, the people of Alameda County must feel like their interests have been served," Stein said. "The interest of justice makes it clear that it should be in Los Angeles."
Referring to the Alameda County District Attorney's Office, Rains said, "It's ironic that the people who have sped this case along now want to put the brakes on so they can get a better venue in Los Angeles."
However, Jacobson told Rains that he could still control the timing of Mehserle's trial by pulling his waiver of Mehserle's right to a speedy trial and demanding a trial within 60 court days, even though Los Angeles court officials said they don't have a courtroom immediately available.
According to 2008 Census figures, 14 percent of Alameda County's 1.5 million residents are African-American, compared with 9 percent of the 9.9 million residents in Los Angeles County and 5 percent of 3 million residents in San Diego County.
Grant's mother, Wanda Johnson, said she was overjoyed with the judge's decision. She said she would attend the trial in L.A, adding, "I plan to be there every day."
"I want to ensure that justice is served, and my family believes that in Los Angeles County we can get a better pool of jurors and a more favorable decision there than San Diego," she explained.
Although Grant's family members had previously said they wanted Mehserle to stand trial as soon as possible, they said Thursday that there wasn't any hurry.
Cephus Johnson, Grant's uncle, said, "Waiting isn't an issue. What's important is justice."
Jacobson said he would ask state Supreme Court Chief Justice Ronald George to assign a justice to handle the trial.
Burris said it was likely that George would assign a retired Los Angeles County judge to handle the case but George has the option of assigning any available judge in the state.
Jacobson set another court hearing in the case for Dec. 15 to finalize the details of moving the case to Los Angeles.
Jacobson also maintained a gag order Thursday preventing Rains and Stein from talking to the news media about the case.
The ruling by Alameda County Superior Court Judge Morris Jacobson comes a month after he decided the murder trial of Johannes Mehserle would be moved out of the Bay Area because of extensive media coverage of the case, as well as concerns over shielding jurors and trial witnesses from any possible civil unrest.
State court officials had recommended two Southern California counties — Los Angeles and San Diego — to the judge as possible sites for a trial.
But Jacobson concluded that of the two, there was a larger, untainted jury pool in L.A. — with a bit more diversity. He also cited cost savings as a major factor in his decision.
"The interest of justice will best be served by transferring the case to Los Angeles County," Jacobson said.
Mehserle, 27, is charged with fatally shooting Oscar Grant III, 22, at BART's Fruitvale station in Oakland on New Year's Day. The incident was video-recorded by several bystanders on their cell phones, shown across television and the Internet and subsequently used as evidence in a preliminary hearing last spring.
"This is the most important decision in this case, other than the verdict," John Burris, the Oakland attorney representing Grant's family, said after Thursday's ruling. "If the case went to San Diego County, Mehserle would have walked."
"L.A. County has a lot more experience dealing in cases with African American men being killed by police," he said. "They can understand those issues rightly or wrongly, up or down."
Burris, who filed the Grant's family $50 million civil rights lawsuit against BART, Mehserle and other officers, said whatever verdict is reached in Los Angeles would be better accepted by Alameda County residents than would have been the case with a verdict in San Diego.
"If the trial was held in San Diego and their jury was essentially all white and Mehserle were acquitted that could cause some issues here," Burris said. "San Diego has a history of being more favorably disposed toward police officers than Los Angeles is."
Mehserle has pleaded not guilty in the case. Jacobson said that Los Angeles County court officials may not be ready to handle the case for at least six months, or even a year.
Jacobson apparently had to weigh costs for Alameda County by comparing possible trial costs in Los Angeles and San Diego counties. The judge said San Diego County court officials told him that their courthouse was not prepared for a high-profile case and would have to make significant security adjustments and provide a judge and extra bailiffs at a cost to Alameda County.
Los Angeles County said it would be able to provide its own judge and already has a sophisticated security system in place.
Mehserle's attorney, Michael Rains argued Thursday that he preferred San Diego County because it had enough courtroom space and with Mehserle's right to a speedy trial, one could begin as early as January.
Rains said delaying the trial would create "an enormous hardship" for Mehserle, who's free on $3 million bail, because he's been unemployed since resigning from BART a week after the shooting incident and has had a hard time finding another job.
"A fellow facing murder charges doesn't just walk out and get a job," Rains said. "He deserves to get this behind him."
Rains further argued that if the trial was held in Los Angeles County, there could be a "boiling cauldron" similar to the violent aftermath in the 1992 Rodney King case.
Rains said there had been more media coverage in Los Angeles about the case compared to San Diego.
"It is possible that this case ignites that boiling cauldron," Rains said.
Rains initially argued for a change of venue, citing a survey of nearly 400 potential jurors in Alameda County. It found nearly 97 percent knew details about the case, and nearly half believe Mehserle is guilty or probably guilty.
Prosecutor David Stein argued on Thursday that Los Angeles County had the capability and the security needed for such a highly charged case. He also said the odds of getting more African Americans on a jury is greater in Los Angeles County than in San Diego County.
A diverse jury will bring more "legitimacy" to Alameda County residents, no matter the final outcome, he added.
"When the verdict is ultimately rendered, the people of Alameda County must feel like their interests have been served," Stein said. "The interest of justice makes it clear that it should be in Los Angeles."
Referring to the Alameda County District Attorney's Office, Rains said, "It's ironic that the people who have sped this case along now want to put the brakes on so they can get a better venue in Los Angeles."
However, Jacobson told Rains that he could still control the timing of Mehserle's trial by pulling his waiver of Mehserle's right to a speedy trial and demanding a trial within 60 court days, even though Los Angeles court officials said they don't have a courtroom immediately available.
According to 2008 Census figures, 14 percent of Alameda County's 1.5 million residents are African-American, compared with 9 percent of the 9.9 million residents in Los Angeles County and 5 percent of 3 million residents in San Diego County.
Grant's mother, Wanda Johnson, said she was overjoyed with the judge's decision. She said she would attend the trial in L.A, adding, "I plan to be there every day."
"I want to ensure that justice is served, and my family believes that in Los Angeles County we can get a better pool of jurors and a more favorable decision there than San Diego," she explained.
Although Grant's family members had previously said they wanted Mehserle to stand trial as soon as possible, they said Thursday that there wasn't any hurry.
Cephus Johnson, Grant's uncle, said, "Waiting isn't an issue. What's important is justice."
Jacobson said he would ask state Supreme Court Chief Justice Ronald George to assign a justice to handle the trial.
Burris said it was likely that George would assign a retired Los Angeles County judge to handle the case but George has the option of assigning any available judge in the state.
Jacobson set another court hearing in the case for Dec. 15 to finalize the details of moving the case to Los Angeles.
Jacobson also maintained a gag order Thursday preventing Rains and Stein from talking to the news media about the case.
