BART officer Mehserle back in court

September 4, 2009 2:53:15 PM PDT
The attorney for a former BART police officer charged with murder asked an Oakland judge to throw out that charge this morning.

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Attorney Michael Rains represents Johannes Mehserle, accused of shooting Oscar Grant in the back on a train platform New Year's morning. Rains argued before a new judge that prior Judge Don Clay overstepped his bounds when ordering Merhserle to stand trial for murder after preliminary hearing in June.

Rains called Clay's ruling "arbitrary, capricious and patently absurd." Prosecutors maintain Mehserle intentionally fired his service weapon at Grant, who was face down on a BART platform. Rains insists Mehserle thought he was firing his Taser, not his gun when aiming at Grant.

The attorney wanted to call an expert on Taser training at the preliminary hearing, but Judge Clay denied him the opportunity.

Judge Thomas Reardon told the court he would issue a written ruling on Rains motion to dismiss sometime between now and the next hearing on the case which is set for October 2. At that time, Rains is expected to file a motion to have the Mehserle case moved out of Alameda County.

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