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Mehserle’s lawyer seeks retrial

on October 5, 2010

Citing a Kentucky court case with similar circumstances, Johannes Mehserle’s lawyer has filed papers to seek a new trial for his client. Mehserle, the BART police officer who was convicted of involuntary manslaughter for the shooting death of Oscar Grant,  faces a Nov. 5 sentencing. His lawyer, Michael Rains, is seeking a new trial after discovering a 2008 Kentucky case in which a grand jury declined to indict a law enforcement officer who, much like Mehserle, said he thought he was using his Taser shock weapon, but instead fired his gun.

Rains argues that the jury in the Mehserle case could have decided differently had its members been aware of the Kentucky incident.

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