Johannes Meserle was convicted last week of involuntary manslaughter in the shooting death of Oscar Grant. The trial was moved from the Bay Area to Los Angeles so that Meserle could get a fairer jury pool. As most people now know, Mesrele was an Oakland BART police officer who shot Mr. Grant why he was on the ground and handcuffed. The defense was that Meserle thought he took out his taser and only accidentally used his firearm that resulted in Mr. Grant's death.
The killing and now the verdict (which was the lowest crime the jury could come back with) has sparked anger in the black and latino communities, especially in the Bay Area and San Jose. Groups of protests and some light rioting took place in San Jose, but the bulk of this activity occurred in Oakland. Of course this anger is understandable, but from a criminal defense point of view, Meserle had a great defense team. His lawyer sent the jury into deliberations for only a mere four hours. Most pundits, after learning of such a short deliberation thought the verdict would be all (second degree murder) or nothing (acquittal). With all the inconsistencies Meserle's lawyer convinced every juror that what happened between Meserle and Grant was an accident. Of course it is an accident that will send Meserle to prison for 4-10 years (up to 10 years because of the gun enhancement). Of course the family and friends of Grant find no consolation as no one else in their position would.
The Meserle trial and verdict teaches one valuable lesson. When you are in trouble, get yourself a good lawyer. Meserle did and it saved him a life sentence.
If you have been charged with a crime you need legal representation. Call the Law Offices of Erik Steven Johnson at (408) 246-3004. Know your rights!
