Mehserle's attorney wants "all or nothing" option

Johannes Mehserle has said he was reaching for his Taser, but mistakenly used his gun and fatally shot Grant.

April 29, 2010 10:21:45 AM PDT
The attorney for a former BART police officer charged with killing an unarmed passenger is now asking the judge to give the jury an "all or nothing" option when the trial begins in June.

Johannes Mehserle is charged with second degree murder in the shooting death of Oscar Grant on New Year's Day of 2009.

Mehserle's attorney, Michael Rains, wants the jury to either convict Mehserle on second degree murder, or acquit him altogether.

It would mean a jury would not be allowed to consider lesser charges -- for example manslaughter.

The prosecutors oppose Rains' motion.

The case was moved to Los Angeles because of high publicity here.