Jan 15, 2009 6:55 pm US/Pacific
Former BART Officer Pleads Not Guilty To Murder
OAKLAND (CBS 5 / AP / BCN) ―
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Johannes Mehserle sits in a courtroom.
AP
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Oscar Grant III, killed by a BART police officer.
CBS
Tensions ran high at the Alameda County courthouse In Oakland, where the Bay Area Transit police officer who shot and killed an unarmed man on New Year's Day pleaded not guilty to murder Thursday afternoon.
The attorney for Johannes Mehserle, 27, entered the plea on his client's behalf in the courtroom where Mehserle, who was dressed in red jail clothes for the 10-minute arraignment, was kept behind a glass partition out of view to most people.
Sheriff's deputies escorted Mehserle's parents and relatives into the hearing, also filled with family members and supporters of the victim, 22-year-old Oscar Grant III. The Mehserle family has received several death threats since the shooting.
Grant's mother, Wanda Johnson, and other friends and family of the victim wore T-shirts in the courtroom that said "R.I.P. Oscar."
The two families sat on opposite sides and were kept apart by nine bailiffs who provided security for the highly publicized case that has drawn national attention.
"We did our best to separate everyone in the courtroom so there were no problems because there were some tensions going on," said Sgt. J.D. Nelson of the Alameda County Sheriff's Office, which provides security for court hearings.
The case has been a lightning rod for outrage by many Oakland residents and African American community leaders after amateur videos of the shooting captured by New Year's revelers shuttling home spread on the Internet and television.
The videos show the Mehserle standing over Grant, who was lying facedown on the train platform at the Fruitvale station, and firing one shot into the man's back. Prosecutors alleged Mehserle also was restrained at the time.
At the time of the shooting, Mehserle and other officers had responded to reports that two groups of young men were fighting on a BART train.
Numerous protests sprang up in the days after Grant's death calling for Mehserle's arrest, including some that have turned violent and left dozens of downtown Oakland businesses damaged.
Mehserle, who resigned from the force shortly after the shooting and refused to be interviewed by investigators, was arrested Tuesday night in Nevada after Oakland police issued a homicide warrant for him.
District Attorney Tom Orloff charged him with one count of murder, which legal experts said is a highly unusual charge to levy against an on-duty officer. Orloff defended the charge, claiming the evidence indicated that the former officer intentionally shot the victim.
A probable cause declaration filed in court by the Oakland Police Dept. said that Grant, who served two short terms in state prison for fleeing from a traffic stop with a loaded pistol and other offenses, struggled with Mehserle and another officer on the platform.
But the declaration added that video shows Grant lying on his stomach and an officer holding him down with his knee on Grant's head and neck area.
Mehserle is seen trying to pull Grant's right arm, which appeared to be underneath Grant's body, according to the declaration.
Then, "Suddenly, Officer Mehserle pulls out his service pistol and fires a single shot into the back of Grant," the declaration said.
The court filing continued, "After careful analysis of the video, it is clear that both of Grant's hands were behind his back, a position hands are commonly placed in by police officers in order to handcuff individuals, when the shot was fired into his body."
Outside the courtroom Thursday, Mehserle's family was met with harsh words from a Grant supporter, who called them cowards for not publicly apologizing for the officer.
"You all are supporting a coward," said Mandingo Hayes, who co-organized a Wednesday evening rally for the slain Hayward father that drew more than 1,000 people.
The Mehserle group did not respond, nor did they speak to reporters.
Meanwhile, Grant's relatives expressed frustration over being unable to see the defendant in court.
"I wanted to see the face of the man who killed my nephew," Charmine Jones said. "I just wanted to see his face, see if there's some kind of remorse to help me sleep at night because all I see in the video is my nephew's eyes begging for his life."
Some people who tried to get into the packed courtroom for the hearing were turned away upset, but sheriff's deputies said there was no intent to exclude anyone there just weren't enough seats for everybody who wanted to attend.
Jakada Imani, the executive director of the Ella Baker Center for Human Rights in Oakland, said the fact that he and others couldn't get in "is not a good start" for the many community members who want to make sure that justice is done for Grant.
"The whole world is watching and this hearing was done under the cover of darkness," Imani said.
Mehserle, who is being held without bail at the Santa Rita Jail in Dublin, is due back in Alameda County Superior Court on Jan. 26, when his attorney, Christopher Miller, plans to ask Judge Robert McGuiness to set a bail amount.
The sheriff's office said Mehserle was in protective custody in a jail cell by himself and "has limited access to other inmates for his safety and the safety of the staff," an arrangement that is standard for high-profile defendants.
Deputies also said Mehserle hadn't shown any suicidal tendencies but jail staff checks on him four times an hour just in case.
(© CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed. The Associated Press and Bay City News contributed to this report.)
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