Trial of shooting on BART to be moved

Published: Oct. 21, 2009 at 12:58 AM

OAKLAND, Calif., Oct. 21 (UPI) -- The trial in a racially charged police shooting in Oakland, Calif., will be held outside the city, a judge has decided.

Superior Court Judge Morris Jacobson said in his ruling last week he had six factors to consider while deciding on a change of venue, the Oakland Tribune reported. Jacobson said moving the trial of Johannes Mehserle, a white police officer charged with the murder of a young black man, was justified by five of the factors.

Mehserle, 27, was a police officer with the Bay Area Rapid Transit system. Oscar Grant III of Hayward, Calif., was shot on a train platform New Year's Day 2009.

Court officials must select a location outside Alameda County.

Legal experts said Jacobson's ruling was likely, given the outrage over the shooting in Oakland and subsequent demonstrations outside the courthouse.

"If there is ever a case you would expect a change of venue, it would be a case like this," said David Sklansky, who teaches at Boalt Hall School of Law in Berkeley. "I don't think it was a shock."

Jim Hammer, a former deputy district attorney in San Francisco, said the new trial location should be a big city like Oakland to ensure a trial fair to both sides.

© 2009 United Press International, Inc. All Rights Reserved.
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