November 6, 2010 by USA Post
Mehserle Verdict, Mehserle Johannes, a former BART office of the police, is likely to serve seven months in prison for the murder of Oscar Grant III, the ruling of a judge said Friday that dismissed a jury verdict key, but could be confusing landed 28 years in prison for longer.
In making its decision, the Los Angeles Superior Court Judge Robert Perry acknowledged that his sentence will go to Grant’s family and possibly the Bay Area, but said “I did the best I could with this case .
Perry said that the evidence presented at trial was “simply overwhelming” demand for Mehserle he made a mistake in Hayward shooting the 22-year-old, confusing his gun to his Taser. He added that several examples of the prosecution claimed, pointing to a fabricated story was “insufficient”.
Taking into account their views about the evidence and the jury’s verdict of manslaughter, Perry said “not decided on the facts reasonably could have concluded” that Mehserle intention to use his gun the day before New Year 2009 .
As a result, said Perry, who was required by law to dismiss a jury finding that Mehserle is guilty of a weapon upgrade and it immediately fell Mehserle possible prison term to four years.
However, Perry said the four-year term was too harsh for a defendant who, contrary to the beliefs of the family of Grant, has shown no remorse. It was also too harsh a penalty for a defendant in a case that is not solely responsible for the crime or a defendant who has no history of violence, “said Perry.
“Many people contributed to the tragedy in this case,” said Perry listed several figures in the case, including the grant for fighting in the BART train and not to train its officers properly. “I made the decision because I think it is fair to do so.”
Cephus Johnson, Grant’s uncle, felt otherwise.
“Today we saw the best example of what we thought,” said Johnson. “It’s a racist criminal justice system. There can be no peace without justice.”
Perry Como predicted Michael Rains, the lawyer for Mehserle defense, said he was not satisfied with the decision.
The rains had argued his client should receive probation and said immediately after sentencing he will appeal the conviction for manslaughter.
“Some of you might think we have a reason to be happy, Johannes Mehserle is still in custody, he is still behind bars,” said Rains. “I will not rest until he is out.”
Although Perry Mehserle sentenced to two years imprisonment, is likely only serve about seven months behind bars because of credit for time served.
But the rains, said to argue on appeal that Mehserle should be released on bail during the appeal process and that the jury’s verdict of manslaughter should not stand.
The rains also took a shot at the office of the Alameda County District Attorney is saying that is “the biggest culprit in setting the city ablaze” as unnecessarily fact that residents into believing that the intention of taking Mehserle his gun and kill Grant.
“It was an act of irresponsibility,” Rains said the decision to accuse his client of murder. “The district attorney’s office in Alameda County should be ashamed of himself.”
The District Attorney Nancy O’Malley, Alameda County issued a statement calling for calm.
“It is the sincere hope of the District Attorney’s Office that our community can continue to build on our strength and our commitment to equal justice for this tragedy never happens again,” said O’Malley. “The District Attorney’s Office, along with partners in law enforcement, community leaders and community members, promote the dialogue that strives for peace and nonviolence.”
Perry’s decision came after more than four hours of legal arguments and emotional testimony of Grant uncle, aunt, mother of the bride, and her sister. It also came after Mehserle spoke and after lawyers for the defense and prosecution argued on various legal issues surrounding the potential verdict and sentence.
Perry Grant family Mehserle asked to give the maximum sentence of 14 years in prison, saying he still believes was a murder and never felt Mehserle apologized.
At one point, Johnson was cut by Perry when he began to shout their disapproval with the judge who, at that point, had indicated that it erred in allowing the jury to consider improved Mehserle gun and can not afford to stand .
“To lose the right to justice because of judicial error raises important questions about our criminal justice system,” Johnson said as his voice rose and tears formed in her eyes. “We must not lose this case because of you.”
other relatives of Grant also questioned the equality of the criminal justice system and talked about how the loss of the grant has been damaged emotionally.
Perry said he understood the pain of the Grant family had endured skepticism and communities for a long time to many minorities feel toward the criminal justice system, but said he could not solve the problems of a ruler.
“I can not change law enforcement, I’m just one of many judges judge the best of me,” said Perry.
“I heard a real pain in the voice of Mr. Johnson that there was a possibility that the court could fail,” continued Perry. “Mr. Johnson, we’re doing the best we can.”
Perry also said he was disappointed to see that the community was polarized by the murder and that the race remains a factor in the emotions of the people despite the evidence in the case showed the race played no role.
And the judge said he was upset because people continued to state the facts of the case that were not true.
“It is clear to this court that the community is very polarized and I think that is a tragedy of this case,” said Perry. “I can not and will not allow the consideration of race from my point of view of impact;. Based on the evidence that this is not a case about race”
Some young people joined a small crowd in the center of the city of Oakland in the hours after the former officer Johannes Mehserle BART received a sentence of two years for the murder of Oscar Grant. Check out below what they had to say about Johannes Mehserle verdict.
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