damn because of this crazy situation, they are pushing oscar grant's case back. I feel back for there family.
BART officer murder case delayed
By TERRY COLLINS Associated Press Writer
Posted: 03/23/2009 11:23:16 AM PDT
OAKLAND, Calif.—The case against a transit police officer accused of murdering an unarmed man was delayed Monday following the unrelated killings of three Oakland police officers.
Alameda County Superior Court Judge C. Don Clay postponed the scheduled preliminary hearing for former Bay Area Rapid Transit Officer Johannes Mehserle, who is free on $3 million bail.
Mehserle has pleaded not guilty to murdering 22-year-old Oscar Grant, who was fatally shot at an Oakland BART station early New Year's Day. Tension between police and the community has risen steadily since videos of shooting appeared on the Internet.
The delay did not sit well with Grant's family who said that though they mourn for the officers' families, they are also grieving and want justice to be served quickly.
"I cry every night for my son," said Wanda Johnson, Grant's mother. "It's unfair that we have to wait. We're hurting and we are in pain."
Michael Rains, Mehserle's attorney, told Clay that he was unprepared for Monday's hearing because, as counsel for the Oakland Police Officers Association, he personally knew the officers who were shot by a parolee after a vehicle stop on Saturday. Three officers died, and another has been declared brain dead and is on life support.
"This weekend, my thoughts have been scattered. Those four men...are close friends of mine," Rains said, adding that Oakland police might not be prepared to deal with protests related to this
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week's scheduled hearings outside the courthouse because they are "emotionally scarred."
John Burris, who is representing Grant's family in a $50 million wrongful-death lawsuit against BART, said while nerves are raw, the family is upset that they did not have a say in the delay.
He also said he does not buy Rains' argument that officers would not be be prepared to deal with any protests. "I do not accept that," he said. "Policing has not stopped, crime has not stopped."
The judge said he had talked with both Rains and Deputy District Attorney David Stein on Sunday about a possible postponement in light of the impact the shootings might have.
While Clay said he is sensitive to last weekend's tragedy and willing to delay the case, he also said the high-profile BART shooting has been on a "fast track" and given priority over other important cases.
He sternly warned the prosecution and the defense to be ready when the case resumes on May 18.
"This case has not dragged on and it won't drag on," said Clay, who will decide if there is enough evidence for a trial. "Have your witnesses ready."