Cell Video Key in BART Shooting Case Hearing

Johannes Mehserle in court

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    NEWSLETTERS

    A witness testified today that she thought a riot might break out at the Fruitvale BART station in Oakland early New Year's Day but that she  believes Oscar Grant III was cooperative before he was shot to death by a  BART police officer.

     

        

     

    Revealing Witness Video Expected at BART Shooting Prelim

    [BAY] Revealing Witness Video Expected at BART Shooting Prelim
    Cell phone and handheld video that has never before been shown to the public could be revealed at Monday's preliminary hearing for an ex-BART police officer accused in the fatal shooting of an unarmed man.

    Karina Vargas of Hayward, the first witness in the preliminary hearing for former BART officer Johannes Mehserle on murder charges stemming  from Grant's death, said the situation at the Fruitvale station was chaotic  when Mehserle and other officers responded to reports that two groups of men  were fighting on a train.

     

    But Vargas, whose video of part of the incident was played in court today, said Grant, 22, was compliant and wasn't aggressive when  officers tried to detain him and others.

     

    A video taken by another witness, Margerita Carazo, also was played in court today and pathologist Dr. Tom Rogers testified that Grant  died from a gunshot wound to his torso.

     

    The preliminary hearing, which will determine if there's enough evidence to have Mehserle, 27, ordered to stand trial on murder charges, will  resume at 9 a.m. Tuesday and is expected to last about two weeks.

     

    Before testimony began, Alameda County Superior Court Judge C. Don Clay denied a motion by Mehserle's lawyer, Michael Rains, asking that the  Alameda County District Attorney's office be removed from Mehserle's case.

     

    Rains alleged that prosecutors violated state and federal laws, State Bar ethics rules and the U.S. Constitution by trying to get Mehserle to  talk to investigators without the knowledge and outside the presence of his  attorney.

     

    The hearing was packed with family members of both Grant and Mehserle as well as news reporters and the public.

     

    A large number of Alameda County Sheriff's deputies guarded the courtroom and a big contingent of Oakland police officers kept an eye on  demonstrators who gathered outside the Rene C. Davidson Courthouse, where the  hearing took place.

     

    After the hearing ended for the day, about 75 people chanted, "Jail Mehserle, the killer cop!"

     

    John Burris, who is representing Grant's family in a civil rights lawsuit against Mehserle, BART, and other officers, said, "The family is very  pleased with the testimony today because the witnesses corroborated our  contention that Oscar was compliant and non-aggressive."

     

    Burris said he believes the evidence indicates that BART police officer Tony Pirone escalated the situation on the platform at the Fruitvale  station and that "the one person trying to keep the peace was Oscar."

     

    Burris said the situation on the platform was chaotic but that "regardless of the scene, officers need to be professional."

     

    Rains has said Mehserle meant to fire his Taser instead of his gun, but Burris said there's no evidence so far to support that assertion.