May 13, 2009 7:53 pm US/Pacific
Ex-BART Cop Lawyer Still Wants DA Ousted From Case
OAKLAND (CBS 5 / AP) ―
The lawyer for a former Bay Area Rapid Transit police officer accused of murdering an unarmed man on New Year's Day is once again asking for the Alameda County district attorney to be disqualified from the case.
Two days after his original request was rejected by the attorney general's office, attorney Michael Rains filed a new motion Wednesday.
Rains argues that District Attorney Tom Orloff violated Johannes Mehserle's rights when police tried questioning Mehserle without a lawyer following his Jan. 13 arrest in Nevada.
Senior Assistant Attorney General Gerald Engler wrote Monday that Orloff acted legally.
Mehserle has pleaded not guilty to murder charges.
Mehserle's preliminary hearing is scheduled to begin Monday.
(© 2010 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)
BART Shooting Cell Phone Video (Graphic)
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