Defense appeals for acquittal in closing argument at California transit slaying trial

Defense argument ends in CA train shooting trial

LOS ANGELES — A defense attorney made a final appeal Friday for a jury to acquit a former San Francisco Bay area transit officer accused of murdering an unarmed black man on an Oakland train platform.

Attorney Michael Rains listed 17 reasons why Johannes Mehserle should be found not guilty, including testimony that he had inadequate Taser training and that he appeared to be in shock after shooting 22-year-old Oscar Grant during a fight that had drawn officers to the platform.

The incident was videotaped by several bystanders.

“On Jan. 1, 2009, Johannes Mehserle fired a single gunshot and it brought him to this place before you, and you are his shot at justice,” Rains told jurors.

Mehserle put his arm around Rains after he concluded his argument.

The prosecution was expected to present a rebuttal argument before the jury received instructions and began deliberations.

Rains spent four hours over two days arguing to the jury.

He alleged Mehserle was being “smeared” to cover up for a colleague’s questionable behavior.

He also cited a purported lack of training received by Mehserle from the Bay Area Rapid Transit agency to prevent weapon confusion. Mehserle had argued that he mistakenly pulled his handgun instead of his Taser stun gun before Grant was shot.

Alameda County Deputy District Attorney David Stein gave an impassioned two-hour closing argument saying Mehserle’s actions during the incident were inconsistent with his explanation.

He said Mehserle let his emotions get the better of him when he arrived on the platform and saw a raucous crowd watching other officers detain Grant and his friends.

Mehserle, 28, pleaded not guilty to murdering Grant and resigned from the transit police force after the shooting.

His trial was moved from Alameda County to Los Angeles because of excessive media coverage and racial tensions that boiled over into violence in Oakland.

Mehserle is white and Grant was black. Another officer was heard on video uttering a slur before the shooting, but no evidence was presented during the trial that Mehserle’s actions were influenced by prejudice.

Jurors must decide if Mehserle should be acquitted or found guilty of second-degree murder or a lesser offenses of voluntary or involuntary manslaughter.

Police in Oakland have prepared for fallout from a verdict by erecting a command staging area near the city’s port. Officers received crowd control training and were working 12-hour shifts.

Several downtown businesses boarded up their storefronts. A group of activists said they would hold a rally on the night of the verdict outside City Hall.