Johannes Mehserle is appealing his conviction and Oscar Grant's family is upset they were not notified.
Their son was shot and killed, a former BART police officer convicted but now Oscar Grant's family is outraged that they were not notified about an appeal.
Passenger Oscar Grant was shot at the Fruitvale BART station in 2009. Earlier this week, Johannes Mehserle appealed his involuntary manslaughter conviction.
The family spoke on the courthouse steps in Oakland Friday, saying they filled out victims’ rights forms that should have kept them in the loop.
His attorneys had argued he accidentally fired his gun instead of his Taser -- a tragic and horrible error, but not criminal negligence.
"There was no mistake -- get it reversed," said Wanda Grant, Grant's mother.
The court has 90 days to issue a ruling on the appeal.