Jurors Start Deliberations Over In BART Officer Murder Trial

The jury in the Los Angeles trial of a former Bay Area Rapid Transit officer accused of murdering an unarmed man at an Oakland subway station got a new member today and was instructed to begin its deliberations anew.

The female alternate was chosen randomly from three alternate jurors to replace a juror who had been excused Tuesday from the trial of Johannes Mehserle, 28, because of a pre-planned vacation.

Jurors had deliberated just under 2 1/2 hours last Friday after getting the case, and the panel did not deliberate Tuesday because one of the jurors called in sick.

“… Begin your deliberations again from the beginning,” Los Angeles Superior Court Judge Robert J. Perry instructed the eight-woman, four-man panel. “Each of you must disregard the earlier deliberations.”

The jury was expected to deliberate until 11:45 a.m., because a female juror had a medical procedure scheduled this afternoon. The judge said he expected a full day of deliberations Thursday.

Mehserle is charged with second-degree murder for the killing of Oscar Grant, 22, who was shot on New Year’s Day 2009 at Oakland’s Fruitvale BART station platform. He faces up to life in prison if convicted.

Mehserle is white and Grant was black. The shooting was caught on video and sparked angry protests, which is why the trial was moved from Alameda County to Los Angeles.

Mehserle testified during the trial that the shooting was accidental and that he meant to use a stun gun instead of his service handgun while trying to subdue Grant.

But Alameda County Deputy District Attorney David R. Stein told jurors in his closing argument that the defendant “lost all control” when he intentionally shot Grant because the victim was resisting arrest.

The shooting is “what happens when a police officer acts out of the desire to punish people,” Stein said. “He let his emotions dictate his actions … The defendant’s desire to mistreat Mr. Grant … resulted in the death of an innocent person.”

In his summation, defense attorney Michael L. Rains said the case against Mehserle was riddled with reasonable doubt.

“There’s nothing that suggests an intent to kill — nothing,” Mehserle’s lawyer said.

Rains said his client “wasn’t trying to kill Mr. Grant … he was trying to Tase Mr. Grant.”

Referring to the racial dimension of the closely watched case, Rains urged jurors to resist using their decision to “address social injustice … or render a verdict as some sort of commentary” on the relationship between the police and minorities.

Last week, the judge rejected a prosecution request that jurors be allowed to consider first-degree murder against Mehserle, saying there wasn’t enough evidence to show the shooting of Grant was premeditated.

Instead, jurors can convict him of second-degree murder, voluntary or involuntary manslaughter, or find Mehserle innocent, the judge said.

If convicted, Mehserle faces anywhere from two years to life in prison, depending on the charge.