Chauncey Bailey murder trial begins, four Blacks removed from jury

By Reginald James
Black Chauncey Bailey Project

A jury was selected Monday morning in the murder trial of Oakland journalist Chauncey Bailey.

Former leader of Your Black Muslim Bakery, Yusef Bey IV, and Antoine Mackey are standing trial for Bailey's murder. Bey alleged ordered the killing, while Mackey allegedly drove the getaway vehicle.

A former bakery worker DeVaugndre Broussard confessed to the shooting after an Oakland Police raid the day after Bailey's assassination. He later recanted, only to confess again and testify before a grand jury. He is expected to testify as a part of a plea deal.

Of over 100 potential jurors, there were seven women and five men selected for the jury, including two older African Americans. Five alternates were chosen too, including one younger Black man and an older Black woman.

Highlights: Over 100 potential jurists Jury selected Monday, March 21 in Chauncey Seven (7) women Five (5) men Four African Americans removed Judge denies motion challenging removal of Black jurors

Alameda County prosecutor Melissa Krum removed four African American potential jurors. Lawyers for the defendants, Yusef Bey IV and Antoine Mackey, challenged their removal. Krum argued that the African Americans were not removed from the jury pool due to race, but for other reasons.

One woman was "extremely religious" while another had a son who felt her son was "treated unjustly" by the criminal justice system. One man was formerly employed by "Spectator" magazine, and having someone on the jury who worked for a "counter culture" publication was "not in the interest of the people," Krum said. The man also had a positive attitude towards Black Muslims, and Black Muslim organizations.

The last juror dismissed, a young Black man, was dismissed before he could even be seated. Krum said he was removed because he of his "cynicism" and "mistrust" of the criminal justice system. Krum also said she did not believe that the young man, who lived in the community where Your Black Muslim Bakery operated and had patronized the establishment, had not heard about the murder trial.

Judge Thomas Reardon denied the motion. Opening statements in the murder trial may begin this afternoon.

Read More

Vigil held for Chris Jones, high school student slain in East Oakland on New Year's Eve

UPCOMING SERVICES Sunday, Jan. 9: A musical celebration in honor Chris Jones. 6 p.m. at Seventh Avenue Baptist Church, 1740 Seventh Ave., Oakland. Monday, Jan. 10: 11 a.m. funeral service, St. John Missionary Baptist Church, 1909 Market St., Oakland. The family requests memorial donations be sent to Xperience Ministries Inc., P.O. Box 262, Oakland, CA 94604.

Oakland, CA – A sunset vigil for 17 year old student Chris Jones was held on Friday, January 7 in East Oakland. Jones was "cowardly" gunned down New Year's Eve in the driveway of his home by unknown shooters while putting his niece in a car seat. Police believe it is a case of "mistaken identity."

Jones was a student at the East Oakland School for the Arts located on the Castlemont High School campus. He played piano and drums. He recently had enrolled in classes at Laney College and planned on attending Cal State East Bay to study music.

During the Friday night vigil, Jones' mother, Brenda Grisham said, "We need to stop this violence. It makes no sense."

Friday night vigil attendees, including many who have been involved in the Justice for Oscar Grant Movement, hoped that the same type of energy could be used to stop horizontal violence ("Black on Black" violent acts).

"We must take a stand about this senseless violence and murder in our community, said Mama Ayanna Mashama. "It is important for us to come together and create a culture of resistance to the conditions that create these acts." Two of Mashama's children were also senselessly taken by violence.

When one attendee noted that people had not come out like other protests, Minister Keith Muhammad of the Nation of Islam mentioned previous "Stop the Violence" protests that had taken place earlier last decade in which many walked the streets, and that they were not only in response to law enforcement shooting Black people.

"We must take a stand about this senseless violence and murder in our community. It is important for us to come together and create a culture of resistance to the conditions that create these acts." Mama Ayanna Mashama

A vigil was also held the night before (Thursday night), with many of Jones' teachers and classmates in attendance. He was the last homicide victim of 2010.

Jones was remembered as a bright spot in the lives of all he encountered.Oakland Tribune reports, "Chris Jones' teachers were confident he'd become a professional musician. Not only did he appear to have perfect pitch, but he possessed a hunger for learning and the grades to get into a four-year college."

A musical celebration for Jones will be held Sunday, Jan. 9 at Seventh Avenue Baptist Church, 1740 Seventh Ave in Oakland. A funeral service will be held Monday at 11 a.m. at St. John's Baptist Church in West Oakland on Market Street.

Read More

Oscar Grant dollars in Bay Area circulation

Oscar Grant lives on in many ways. Memories of friends and family were captured in numerous family photos and even a short IndyBay.org documentary. The family takes regular trips to Grant's gravesite, like their recent one after a New Year's Day vigil at Fruitvale BART.

Oakland Hip Hop artists made the Hayward-raised Grant one of town's own, as journalist Eric K. Arnold wrote. Visual artists created numerous murals and street vigils while emcees and DJs created songs and turf dancers gigged in his memory.

Now, Oscar Grant dollars. A few media outlets have received email and snail mail announcing the dollar bills with a note attached.

"The line between security & tyranny is a fine one, and justice requires close & continuous attention to it," reads the note. "The 'Oscar Grant' dollars put into circulation around 1/1/11 are intended as a non-violent reminder of that idea."

The dollars and note above were mailed to Colorlines Magazine, an online racial justice magazine that has consistenly covered the Oscar Grant movement and sentencing of convicted killer cop Johannes Mehserle.

If you see and Oscar Grant dollar in circulation, let us know.

Photo: Colorlines' Tumblr.

Read More

Remembering Oscar Grant, two years later

A vigil for Oscar Grant was held on New Year’s Day at Fruitvale BART, two years after he was shot and killed by former BART police officer Johannes Mehserle.

“Two years ago today, Oscar Grant was murdered up there,” said Jack Bryson, pointing to the BART platform above where cell phone video captured the shooting of his son's friend. “Life just ain’t the same.”

A crowd of 100, including Grant’s family and friends, gathered in a barricaded sidewalk area outside the station, holding candles in the cold afternoon. The crowd was smaller than a vigil held last year that included elected officials, poetry and music with a stage blocking off a street.

“We may not have power in numbers,” said Bruce Hall, bishop for the family of Derrick Jones­­, “but there is power in the people here.” Jones was shot and killed by Oakland police in November.

Grant’s mother, Wanda Johnson, thanked people for attending and shared her hope that no one else would have to suffer what she’s experienced, at the hands of law enforcement.

“I hope that the police will begin to take responsibility and not try to cover things up,” said Johnson. “I pray they will take responsibility for the murder of my son.” Grant’s fiancée, Sophina Mesa and daughter, Tatiana, were also in attendance–along young men who were on the platform with Grant and other family members–but did not speak.

Mehserle was sentenced to two years in prison in November after a Los Angeles jury found him guilty of involuntary manslaughter this past summer. The trial was moved from Alameda County after Mehserle’s defense, Michael Rains, argued that the threat of mass protests, media saturation, bias’ of African Americans, and statements by elected officials made it unlikely for his client to get a fair trial.

Minister Keith Muhammad said Judge Robert Perry ridiculed those who wrote letters asking for the maximum sentence of Mehserle. He added that Mehserle blamed Grant and his friends for the shooting during his impact statement during sentencing.

“I feel so defeated by what Judge Perry did for Johannes Mehserle,” Bryson said. “But two years later and people are still here. We’re not letting this fade away.”

“It lifts my spirit.”

Grant’s uncle, Cephus “Bobby” Johnson, thanked those in attendance and asked for continued support. “It’s because of you, the community, we’re still standing. It allows us to continue. You are our strength,” Johnson said.

“Every tragedy represents and opportunity to move the agenda for justice forward,” said John Burris, attorney for the families of Grant and Jones. Burris said 30 years ago, when 15-year-old Melvin Black was killed by Oakland Police, the shooting led to reforms such as the Civilian Police Review Board. Similarly, Grant’s death has led to improved policies at BART, such as its Civilian Review Board that is currently seeking applicants. “That would not have happened if not for Oscar Grant.”

Burris said the family was disappointed with the decision of District Attorney Nancy O’Malley not to appeal Perry’s decision to throw out the gun enhancement during sentencing, but understood it would have been an “uphill battle” to prove.

An arbitrator recently ruled that BART officer Marysol Domenici, despite lying on the stand during pretrial, must be reinstated with full back pay. Her partner, Tony Pirone, was also fired by then-interim BART police chief Dashel Butler last spring.

The struggle for justice for Grant and other victims of police oppression is not over, Burris said. “I’ve been involved in 10 cases since Oscar Grant. The only difference was that his was caught on camera.” He added that the spotlight was on Oakland.



Over a dozen BART and Oakland Police vehicles were staged just west the station, while a smaller contingent of officers, including new BART Police Chief Kenton Rainey waited near the station entrance. Considering the recent documentation of federal surveillance of the Oscar Grant Movement, many were not surprised to learn they were under surveillance.

Grant's shooting death led to mass demonstrations in January 2009 once cell phone video of the shooting was published on You Tube. Subsequent protests took place throughout early 2009, spring and summer of 2010, and this past November. Protestors questionably arrested for unlawful assembly during the November 5 sentencing of Mehserle have yet to be charged, according to the Oakland 100, a solidarity group for those arrested during protests.

After Derrick Jones supporters took over City Council meeting last month, Oakland Police Chief Anthony Batts asked the FBI to investigate the shooting. The U.S. Department of Justice is also reviewing Grant case as well.

“Sadly to say, they may need some help,” Johnson said. Johnson has regularly thanked the public for demonstrations that many say initially led to Mehserle’s arrest in January 2009. “We need to let them know we want answers.”

Muhammad said that despite Mehserle killing Grant physically, Johnson’s son still lives on in the struggle for justice, as people continue to declare, “I am Oscar Grant.”

“The journey is not done,” Muhammad said.

Read More

Feds monitoring Oscar Grant protests since 2009

Editor's Note: Last week, KALW News' 'The Informant' dropped a bombshell concerning what many activists in the Justice for Oscar Grant movement already expected. Reading between the lines, it becomes obvious that a) Law enforcement brought to Oakland during recent protests were primarily concerned with protecting property and, (b) the federal involvement of law enforcement likely means agent provocateurs are being placed amongst crowds.

Police files reveal Federal interest in Oscar Grant protests, 'Anarchists'
By Ali Winston
KALW News

Documents recently obtained by The Informant reveal the significant involvement of state and federal law enforcement in monitoring the various Oscar Grant protests in Oakland over the past two years.

According to internal Oakland Police Department documents about the July 8th protests that followed Johannes Mehserle’s involuntary manslaughter conviction, agents from the Drug Enforcement Agency, United States Secret Service, and the California Department of Justice were assigned to monitor crowd activities.

Thirty-three federal, state and local officers were assigned to video details posted in buildings surrounding Frank Ogawa Plaza and throughout the crowd of several hundred demonstrators. Among them were personnel from the Secret Service, the state Bureau of Narcotics Enforcement, and Bureau of Intelligence and Investigation who took video of the protest. Some DEA and Oakland Police officers recorded the protest, while others dressed in plainclothes provided intelligence from within the crowd to OPD’s Emergency Operations Command Center at 1605 Martin Luther King Jr. Drive.

The documents indicate FBI involvement in monitoring the Oscar Grant protests as early as January 2009. A police report included in the case file of Holly Noll, a 24-year-old activist who plead no contest to charges of assaulting a police officer, shows the FBI was providing intelligence to OPD on the movements of “black bloc” anarchists in Downtown Oakland on the night of January 14, 2009, when the latest of several protests agitating for Johannes Mehserle’s arrest erupted into property destruction and clashes with police.

Oakland Police Officer Scott Seder’s report from that night indicates specific FBI interest in “anarchists.” The report reads as follows:

“OPD [Oakland Police Department] radio announced a communications order stating the FBI advised groups of anarchists, described as MW [male, white], 17-25 years old, wearing black and red clothing, were en route to the protest and planned to commit acts of violence and vandalism adjacent to the main demonstration.”

Jose Luis Fuentes, an attorney at Siegel & Yee, the law firm that is defending those arrested in the July 8th protests, believes the involvement of state and federal agencies in intelligence-gathering is part of a larger effort to scrutinize political protest. “They’re trying to build a case against ‘black blocs’ or anarchists as domestic terrorism,” said Fuentes. “The federal government wants to know who’s protesting. They’re documenting who the agitators are — This is all COINTELPRO resurfacing.”

The Counter Intelligence Program, or COINTELPRO, was an extensive federal operation that ran from the 1950s through the 1970s that monitored political activists, sometime using law enforcement to harass and discredit everyone from the National Association of Colored People to the Ku Klux Klan, who federal authorities considered dangerous.

But law enforcement personnel who worked the Oscar Grant protests say federal involvement had nothing to do with a political ideology and everything to do with keeping civilians and critical infrastructure sites safe and preventing disorder.

Oakland Police Captain David Downing, who was in charge of “Operation Verdict,” the police response to the July 8th post-verdict protests, says the handful of federal agents were nothing more than extra eyes among the several hundred law enforcement officers working on July 8th.

“Their only job was to be out there and videotape, be observers and feed information,” said Downing, who was in charge of Operation Verdict. The DEA, California DOJ and Secret Services agents were a fraction of the several hundreds of law enforcement agents from across Northern California who took part in Operation Verdict.

Much like several police departments provided officers to assist with crowd control, the state and federal agencies brought their investigative capacities to the table, as well as equipment. The FBI and DEA both offered helicopters for air support.

Documents indicate that anarchists were on everyone’s mind.

In a running police log from the July 8 protests and in emails exchanged between OPD command staff in the days prior, there is extensive mention of potential acts of property destruction and violence by “anarchists.” The log was later forwarded to the Department of Homeland Security’s National Operations Center. “They were interested in the event,” said Captain Downing.

During previous protests about the Oscar Grant case, media reports focused on property destruction allegedly perpetrated by “black bloc” anarchists.

“They’re a concern,” said Captain Downing of the Oakland Police. “They don’t really care about the cause other than using the mask of a large mob to engage in property damage.”

Defense attorney Jose Luis Fuentes remains convinced the intelligence gathered during Operation Verdict was part of a broader effort to intimidate political protest. The subtext is that, “If you’re going to protest and violate any law, we might prosecute you federally,” Fuentes said.

A November 16th primer on “Anarchist Extremism” on the FBI’s website describes the Bureau’s general policy on anarchists:

“Currently, much of the criminal activities of anarchist extremists fall under local jurisdiction, so they’re investigated by local police. If asked by police, the Bureau can assist. But we have a heavy presence at a major national or international events generating significant media coverage—that’s when the threat from anarchist extremists, as well as others who are up to no good, dramatically increases.”

According to an OPD investigative log, the FBI explored the possibility of charging some of the July Oscar Grant protesters federally.

FBI Special Agent Russell Romero contacted OPD on July 21 to set up a meeting about the July 8th incident. On July 27, Agents Russell Romero and Kari McInturf met with OPD investigators “to see if Federal charges can be brought.” Romero and McInturf obtained a list of all the July 8th arrestees and their charges from OPD. To date, no federal charges have been filed.

Critical Locations Down Town Commercial

Photos by Ali Winston.

Read More

Black Elected Officials, Clergy, Legal Groups Condemn Mehserle Sentence

The following statement was released by the Black Elected Officials and Faith Based Leaders of the East Bay a few hours after the sentencing of former BART Police Officer Johannes Mehserle.

---

The organizations and individuals listed below condemn today’s sentencing of former BART Officer Johannes Mehserle. The sentence of two years minus time served is far more lenient than would normally be handed down in similar cases not involving law enforcement defendants. Combined with an already lenient conviction for involuntary manslaughter, the slap on the wrist for the murder of Oscar Grant is a snapshot of everything wrong with the criminal justice system.

Were the roles reversed and a white police officer had been killed by an African American civilian, the chances are high that the defendant would be facing life in prison if not capital punishment. In this case, Mehserle could have faced only as many as 14 years in prison for an involuntary manslaughter conviction with a gun enhancement. Instead, he will spend as little as seven months in prison.

Police officers across the country shoot and kill an average of one person a day and people of color are an overrepresented proportion of the dead. These victims are often unarmed, yet the perpetrators are rarely prosecuted much less disciplined. Civil lawsuits brought by family members are occasionally successful, but because of the nature of law enforcement shootings, much of the evidence in such cases is collected by law enforcement and therefore suspect.

The undersigned call for greater transparency regarding police misconduct. This includes, among other things, greater access to previous complaints against officers and agency-wide information about shootings.

The undersigned call for genuine civilian oversight of law enforcement. Police must be accountable to the communities in which they work. Although BART is creating a civilian oversight board for its police force, like many other California police oversight structures, this new board will not have real power to take necessary action against officers.

Finally, the undersigned urge the Justice Department, which is already looking into the matter of Oscar Grant’s killing, to take action and prosecute Mehserle since the state proceeding has lacked the due process and thoroughness necessary to reach a just outcome.

These actions are necessary if California is to have safer, healthier communities, and if shootings like Oscar Grant’s are to be prevented in the future.

The Black Elected Officials and Faith Based Leaders
The California Branch of the NAACP
The Oakland Branch of the NAACP
The Lawyers Committee for Civil Rights, San Francisco Chapter
Black Women Organized for Political Action, California Chapter
Minister Keith Muhammad, Nation of Islam
Rabbi David Copper of the Kehilla Community Synagogue

Updated: Added You Tube video. Courtesy of Alameda County Supervisor Keith Carson

Read More

Activists condemn KTVU's Mehserle PR

On the eve of the sentencing of former BART police officer Johannes Mehserle, KTVU is lobbying for his freedom, activists said.

On Nov. 1, the Coalition for Justice for Oscar Grant protested outside KTVU-Fox News' Oakland offices, condemning the recent televised jailhouse interview of Mehserle.

"Rita Williams' recent 'interview' of Mehserle was not that of an authentic reporter," said Rachal Jackson of the New Years Movement for Justice for Oscar Grant, "but a shockingly dishonest, untruthful PR stunt with the intention of creating a more sympathetic picture of Mehserle for his sentencing judge, Robert Perry, and KTVU's viewers."

"We are here to denouce KTVU and its blatant disregard for the family of the victim," Jackson said.


People held up a banner reading, "KTVU supports killer cops." This was the second time since Mehserle was convicted of involuntary manslaughter in July that community members have protested outside of KTVU. Both times, KTVU recorded the protests, but did not air that the station was the target of the protests.

Many also objected to KTVU constantly airing footage of a "Justice for Johannes" banner hoisted by Mehserle's father, Todd, during the World Series in San Francisco.

"The family can't even watch the news or a ballgame without KTVU giving free advertisement to a convicted killer," Jackson said.

After the picket, the group headed over to the Ferry Terminal at Jack London Square where former Oakland mayor and governor-elect Jerry Brown was having a campaign rally.

Read More

Labor to rally for Oscar Grant in Oakland

The International Longshoremans Worker's Union (ILWU) has will shut down the Port of Oakland and host a rally at Oakland City Hall on Saturday, October 23 for Justice for Oscar Grant.

The noontime rally, two weeks before former BART police officer Johannes Mehserle is to be sentenced for the 2009 New Year's murder of Oscar Grant, is sponsored by dozens of labor and community organizations.

"Mehserle will be sentenced on November 5th and we need to get out on the 23rd to show the sentencing judge that we mean business," reads one flyer. "It took video evidence AND a massive outpouring in downtown Oakland to even get the District Attorney to charge Mehserle. It will take people in the streets to get the killer cop jailed."

Read More

Mehserle rally in Walnut Creek causes media frenzy, leads to counter-demonstration

Pro-Mehserle and law enforcement officers face off against Grant supporters and anti-police brutality demonstrators in Walnut Creek on July 19.



A rally staged in support of former BART police officer Johannes Mehserle in Walnut Creek Monday afternoon drew hundreds of protesters, dozens of journalists and photographers and plenty of police.

But instead of the 100 Mehserle supporters, gathered in the parking lot between the Contra Costa Superior Court building and the Buttercup restaurant, being greeting by a stage, podium or speakers, they were met by counter-protesters demanding Justice for Oscar Grant. Mehserle was convicted July 8 of involuntary manslaughter in the 2009 shooting of Grant at the Fruitvale BART station in Oakland.

Pro-Mehserle and law enforcement protesters held signs like, “Free Mehserle,” “If U Don’t Like Police Officers, Next Time You Need Help, Call a MethHead.”

Shortly after 2 p.m. (when the rally was to begin) the number of counter-protesters began to swell. Demonstrators held signs that read, "Jail Killer Cops" and "Justice for Oscar Grant." The street was filled with protesters standing in the street along Ygnacio Valley Road, until police in riot gear forced protesters back onto the sidewalk. Businesses on the street had been closed since shortly after 1 p.m..

For much of the rally, demonstrators yelled back and forth as each other and accusations of racism abounded, but there were also strong dialogues between people on all sides.

Laney College Black Student Union (Laney BSU) member Michael Walker, also known as “Tha Ghetto Prophet” spoke at length with off duty Richmond Police officer Joe Avila.

The two spoke about their differing perspectives: Walker being a 30-year-old Black male from (Oakland), and Avila being a 14-year law enforcement veteran in the city he was born and raised.

Mehserle supporters chant, “It’s not about race,” although the majority of Mehserle’s supporters were white. The most notable exception were two Black males, including one holding a “Free Mehserle” sign.

Interview with Black supporter of Johannes Mehserle and law enforcement supporter Kevin Thomas at July 19 rally in Walnut Creek. Interview by Pendarvis Harshaw for Youth Radio.

The atmosphere was racially charged. Besides a huge banner reading, “Jail all Racist Killer Cops” dominating the view from the road, counter-demonstrators began chanting, “Where are your white sheets?” a reference to the racist terrorist organization, the Ku Klux Klan.

Mehserle supporters began chanting, “Go home,” to which Grant supporters began chanting, “Racists, go home.”

Numerous times during the rally, police from different agencies would change positions and march onto the street – now blocked off – and Mehserle supporters would applaud. Many counter-demonstrators on the street would boo.

After leading a chant of “Back the Badge,” law enforcement supporter Mike D’Lorenzo told The Black Hour he was being unfairly labeled a racist because he disagreed with Grant supporters. He said he supported Mehserle because the shooting was “a tragic mistake.” He agreed with the verdict.

“He’s (Mehserle) going to pay a life sentence; economically, emotionally,” said Mike D’Lorenzo, adding “that pales in comparison to a young man losing his life.”

As more Grant supporters arrived, more people filed onto the streets again. While it appeared that most of the crowd continued to yell in each other’s faces, many ventured to other sides and engaged people in conversations who had opposing views.

In an interview at the end of the rally, Avila, who came out to support Mehserle and law enforcement officers emphasized that being pro-Mehserle does not mean someone is anti-Grant.

“If you talk to all the police officers out here, they’ll agree, it’s a tragedy. Oscar Grant did not deserve to die. But it’s not a murder,” Avila said. He said Mehserle did not plan to shoot Grant because of his race and that take credibility away from those who are really victims of racism.

“It’s the totality of the circumstances,” Avila said, referring to the fight reported on BART and Mehserle’s lack of training opposed to “one white guy going up there saying ‘Here’s my chance to shoot a Black man in the back.’”

Avila, along with all other law enforcement officers told The Black Hour that former BART police officer Tony Pirone escalated the incident, with some adding that he should be prosecuted criminally.

But many Grant supporters suggested that Mehserle acting in a manner consistent with historic racism in this country, one even saying that he may not have even been conscious of the influence of race, but acted upon it.

In an interview with Youth Radio's Pendarvis Harshaw, Nancy Rhiemer from Pleasant Hill said she came out to protest the unjust murder of Oscar Grant.
"It's to be expected, because they don't know any better. They have to realize that this injustice is ongoing," Rhiemer said.

The pro-Mehserle supporter’s crowd dwindled in the late afternoon until there were mainly counter-demonstrators left. By 5 p.m., the scheduled time the rally was to end, there were more police left than demonstrators. There were no arrests. The rally ended without major incident. Most Mehserle supporters walked to their cars while many Grant supporters walked back to the Walnut Creek BART station.

The pro-Mehserle demonstration was organized on Facebook and highly publicized by the media. Sixteen miles east of Oakland, participants said Walnut Creek was chosen because it is centrally located. Ironically, there were no speakers at the event and rally organizers have worked to keep their identities secret.

Mehserle, who is white, was found guilty of involuntary manslaughter on July 8 for the New Year’s Day shooting of Oscar Grant, who is black. A widely publicized You Tube video of Grant being shot in the back while lying face down on the Fruitvale BART platform led to mass protests in Oakland in January 2009.

Mehserle is currently awaiting sentencing. He was originally to be sentenced in August, but the hearing was continued to November.

Correction: An earlier version of this article stated, "A widely publicized You Tube video of Grant being shot while lying on his back led to mass protests in Oakland in January 2009." Grant was shot in the back by Mehserle as he was held face down on the Fruitvale BART platform. After he was shot, Mehserle handcuffed Grant. Allegedly the proper BART procedure after an officer-involved shooting.

Read More

Oakland, BART Police shoot and kill man

Blood stains from spot where man was shot and killed by Oakland and BART police officers on Saturday morning, July 16.

---

A man -- identified by OPD as 48 year old Oakland resident Fred Collins, was shot and killed Saturday morning by at least five Oakland and BART police officers. The shooting occurred at about 8:15 a.m. after Oakland Police dispatchers received a call that a man was armed on the 3200 block of E 12th Street, according to police. OPD dispatchers notified BART police who had two officers in the area, police said.

Two BART police off approached a man “matching the description,” police said, and the man ran away. Police chased the man for several blocks and caught the man, they said, and attempted to Tase him. The Taser had “no effect” police said. The man ran again, but was caught again by police. The second Taser also had no effect on the man, police said.

He allegedly charged at officers with knives in each hand, police said, before multiple officers pummeled the man with bullets. Some reports state the man yelled, “Shoot me, shoot me!”

First responders arrived to the scene where the unidentified man was pronounced dead, police said. The man has yet to be identified, witnesses described as a dark-skinned man in his late 30s or early 40s, either Black or Latino, and possibly homeless. Most residents; however, only saw the man’s body covered in a blue tarp.

When community residents were told about what occurred – that BART police were involved in a shooting with Black or Brown man – the most common response was; another one?

Read complete story on OaklandLocal.com

Photo of Fred Collins from The Bay Citizen.

Read More

Mehserle takes the stand

By Thandisizwe Chimurenga
Special to TheBlackHour.com

Day 10 of the People vs. Mehserle trial ended June 24 with defendant Johannes Mehserle taking the stand.

Mehserle, a former Bay Area Rapid Transit (BART) police officer, is accused of murder in the death of Oscar Grant, who was shot in the back while prone at an Oakland rail station on New Year’s Day 2009.

Defense attorney Michael Rains’ first sought to humanize his client, asking about his family life and what he was voted "most" in high school: Mehserle said he was voted “Most Huggable."

It stood in stark contrast to his questioning days earlier, on June 22, which sought to portray 22-year old Grant as a violent aggressor.

Judge Robert Perry interrupted Rains’ twice saying “We have to get to the case."

Thursday, Rains asked Mehserle how he became interested in police work and about his enrollment at the Napa Valley Police Academy in July 2006 and his graduation in December of that year.

Rains asked Mehserle about his training, focusing on the practice of drawing a gun from a holster and developing “muscle memory.”

While still a cadet at Napa, Mehserle attended a recruitment event with representatives from BART and other agencies. He applied and, after a three-month process, was sworn in as a BART officer in March 2007.

Rains asked Mehserle about his training as a rookie with the agency, and Mehserle’s attempt to develop his own “style.” Mehserle said that, prior to BART, he came from a customer service-type background where his approach had involved communicating with people.

“I wasn’t very hands on,” he said.

Court ended June 24 after Mehserle had been on the stand for only about an hour. But he had time to share how he answered the call on Jan. 1, 2009, to assist other officers at the Fruitvale transit station. He said he and his partner that night, officer John Woffendine, arrived in about five minutes and had been coming from the West Oakland BART station.

Mehserle said there was “lots of noise upstairs”; he could hear yelling and screaming when he got out of his car, and added that he was worried about the officers upstairs.

He said, as he arrived on the platform, he saw three people "advancing" toward former officers Anthony Pirone and Marysol Domenici.

“They looked like they were going to interfere,” he said.

According to his recollection, Mehserle said there were four people seated against wall and he identified Grant and Jack Bryson as being “upset.”

Mehserle stated he saw Pirone and Domenici with their Tasers drawn, and he took out his also, focusing on Grant and Bryson. He said the two were yelling about Pirone, saying “eff him, eff that officer,” and, “I’m going to sue him.”

Mehserle said he got them to settle down, and asked Oscar Grant to put away his cell phone.

Before Mehserle took the stand, Michael Schott, a forensic video image analyst, wrapped up two day's worth of testimony at the trial. He focused on sequences of images from six videos from Jan. 1, 2009.

Schott showed frames from the videos, slowly progressing through them rather than playing the videos in their entirety. The videos he showed had not been enhanced; they were somewhat blurry and, though Schott stressed he was only giving his interpretation, he kept eye contact with the jury and spoke authoritatively.

Prosecutor David Stein, deputy district attorney, asked Schott about his law-enforcement background and in how many cases he had testified where police officers had been accused of misconduct. Schott replied "probably" more than 50.

When Stein asked Schott if his law enforcement background made Schott biased toward law enforcement, Schott said it did not.

Later, Stein asked Schott, in relation to the videos, whether he thought it would be helpful to listen to the audio as he watched them.

Scott replied, "It doesn't necessarily change what is on the screen."

Stein challenged Schott about specific scenes in the videos: "In this case, where observers and witnesses reacted to Oscar Grant being struck by Pirone, are you saying that's not what they saw?" he asked.

Schott replied, "There is no doubt they are mistaken."

Regarding Pirone kneeing Grant, Stein asked, "Did you factor in what you heard in your interpretation that Officer Pirone did not strike Oscar Grant in the head?"

Schott said, "No, I am looking to see if his foot left the platform."

Schott had earlier testified that, just before Pirone placed his knee on Grant’s head or neck, Pirone could be seen in the video “placing his hand between Oscar Grant’s head and the concrete pavement.”

With incredulity in his voice, Stein asked Schott, “Is that what you believe?”

Rains said he will call his last witness Monday, June 28. The case is scheduled to go to the jury by the end of next week.

Mehserle is scheduled to return to the stand today.

Read More

Former BART police officers testify in Johannes Mehserle murder trial

By Thandisizwe Chimurenga
Special to TheBlackHour.com

Testimony in the trial of former Bay Area Rapid Transit officer Johannes Mehserle concluded Friday with the appearances of former officers Marysol Domenici and Anthony Pirone.

Both officers were fired by BART last spring based on recommendations from a private firm that investigated the shooting.

Domenici changed her testimony from earlier reports, and video evidence appeared to contradict some of her recollections. Pirone said there were many things he did not recall about that morning. A witness for the prosecution who is trained in non-lethal police tactics may have given the defense a boost when he shared a story about unwittingly pulling his gun on a suspect.

Mehserle is charged with murder in the New Year’s Day 2009 shooting death of an unarmed and prone Oscar Grant on the Fruitvale BART platform in Oakland, Calif.

Mehserle resigned from his job in January 2009 on the day he was due to speak with BART investigators regarding the shooting.

Pirone was the first officer to arrive on the station platform on Jan. 1, 2009, and some witnesses said it was his aggression that led to Grant’s shooting by Mehserle. Domenici was the second officer on the scene. Her presence was requested by Pirone to help detain a group of Grant’s friends as they were leaving a south-bound train.

Domenici’s testimony, which began Thursday afternoon, was confusing and complicated as she answered many of the questions posed by Alameda County Deputy District Attorney David Stein. Judge Robert Perry interjected on more than one occasion, saying “That’s not what he’s asking.”

Stein suggested in court that Domenici exaggerated the danger on the Fruitvale platform to justify her fellow officers' actions and Grant’s shooting.

In preliminary hearings last year, Domenici testified she feared for her safety when she arrived on the platform because “hundreds of people” were coming toward her as doors opened on the train. During this week’s testimony, she said it was actually “40 to 50” people. When Stein showed video from a BART surveillance camera of Domenici arriving on the nearly empty platform, Domenici said the camera “did not show everything.”

Videos also showed Domenici looking away from the area where Grant was shot. When asked by Stein why she did not take out her weapon when she heard the gunshot, she said it was because of the expression on her fellow officers’ faces.

Pirone, dressed similarly to Mehserle in a light grey business suit and yellow tie, appeared calm and cooperative on the witness stand.

Pirone was pulling Michael Greer off the train when, witnesses stated in court, he threw the young man into a concrete wall and then pushed him to the ground and handcuffed him. Pirone said he “nudged him towards the wall. Greer put his hands on the wall, pushed himself back and spun around, took a fighting position, clenched his fists, left foot in front of the right, like a boxer …” Saying he “didn’t want to get hit,” Pirone grabbed Greer by his dreadlocks and pulled him over his leg and onto the ground.

Pirone at many points said he did not remember many details of that morning. At other points, he seemed to remember things quite vividly. He denied walking over to and striking Grant, which was graphicly depicted in one of the videos played in court. He said he did "not remember that whole block of time” from walking over to Grant until when Mehserle showed up.

Pirone did remember Grant trying to “wiggle” his head out from under his knee. But he denied it when Stein asked, “Did you ever hear Oscar Grant say he couldn’t breathe?”

There was some discussion of what Pirone remembered about a conversation surrounding the use of a racial slur.

Pirone, who had threatened repeatedly to Tase the young men that morning, stated Grant told him, “I’ve got a 4-year-old daughter. I respect the police.” Upon hearing this, Pirone said he took it as a sign of a commonality between the two and thought that “we could now have a dialogue like adults.” Seizing on the commonality, he says he asked Grant, “What would your daughter think” about the way he is acting now. That’s when he says that Grant called him a “bitch ass n—–.”

In the video played in court, Pirone is heard yelling the slur at Grant twice, at which point Mehserle begins to slam Grant down.

At this point, Pirone says he heard Mehserle say “Tony, Tony, get up, get back, I’m going to Tase him …”. Pirone then stated on the stand that he thought it was “odd” that Mehserle was telling him to get up because he (Pirone) had “control.”

After Grant was shot, Pirone says he thought Mehserle’s Taser had “malfunctioned” because he looked at Grant’s back “looking for the probes from the taser.” He says he then saw Mehserle holding his gun with a two-handed grip. Pirone then told Mehserle to handcuff Grant and said he remembered looking at Grant’s back and seeing the hole in his shirt; the round that had been fired from Mehserle’s gun was on the outside of the front of Grant’s shirt, looking silver and “mushroomed.”

At this point, Wanda Johnson, mother of Oscar Grant, began weeping in the courtroom.

After Pirone radioed to get an ambulance he says that Mehserle stated to him, “Tony, I thought he was going for a gun.” Asked by Stein what he said in response, Pirone replied, “Yeah.”

Just prior to the testimony of the two former BART officers, the prosecution called Sean McCann as another expert witness in defensive tactics.

McCann, a former Berkeley, Calif., police officer who is certified by the Peace Officer Standards and Training Commission, testified to the various less than lethal options available to most officers, including chemical agents and batons. He said part of an officer’s training usually includes objectivity and patience.

“If emotions are not held in check, they can affect an officer,” he said.

McCann recounted how, after an encounter with a suspect that included fighting in the street and a foot chase, McCann pushed a suspect against a wall with one hand and “noticed” he had his gun in the other hand pointed at the man’s head.

“I don’t know how I did that,” he said.

Rains took the opportunity to investigate this on re-direct, but Stein tried to emphasize that the two situations were almost polar opposites.

Stein tried to have McCann explain that he stopped his suspect after a high-adrenaline chase, and the man was closer to 6 feet tall and nearly 300 pounds. Oscar Grant, on the other hand, was not chased, and had a much smaller frame, 5 feet 8 inches tall and about 160 pounds.

Read More

Oakland officials attempted to preempt protests on day of Mehserle verdict

By Dave Id
Special to TheBlackHour.com

The Oakland General Assembly for Justice for Oscar Grant held a second press conference in less than a week after it was learned that Councilmember Desley Brooks was heading up organizing a counter-event at the same time and place as the community gathering set for the day the verdict in the Mehserle murder trial was announced, 6 p.m. at 14th and Broadway.

It was obvious that the purpose for the city-led event, although not officially sponsored by the City of Oakland, was to undermine the community gathering that had been called for as early as late May before the trial of Johannes Mehserle even began. Addressing those fretting about civil unrest, Michael Walker concluded the press conference by declaring: “For anybody out there who feels like people are against peace, if you really want peace in this city, then fight for justice, and I guarantee you’ll have peace.”

The press conference was held on the sidewalk on 14th Street at the edge of Frank Ogawa Plaza at the same time that free chicken and soda were being handed out in Room 104 of City Hall, where Oakland and leaders of nonprofit organizations were scrambling at the last minute to organize the city-approved and sanitized event that was to counter the grassroots community gathering on the day of the verdict. They claimed that Wanda Johnson, Oscar Grant’s mother, would call into the city-led event to speak, although that never happened. The idea of a candlelight vigil was discussed, although it was determined that those candles should be electric and not real candles. They had a promotional flier ready that read at the very top “Don’t burn your city!”

The Oakland Police Department likewise did their part to counter the community gathering by visiting Oakland schools to discourage youth from attending the grassroots speak-out. When police asked if students intended to go, they would say “no,” but as soon as the OPD left the room, the students said they couldn’t wait to go to 14th and Broadway after the verdict.

Besides confronting the counter-organizing effort, five demands were issued at the press conference:

1) Tony Pirone must be tried for accessory to murder,
2) abolish the California Police Bill of Rights,
3) issue a federal indictment against BART for civil rights violations,
4) disarm BART police and
5) declare the new gang injunctions in Oakland unconstitutional.

Speakers at the General Assembly for Justice press conference included Jabari Shaw, president of Laney College Black Student Union, and Michael Walker – both of whom attended Mehserle’s trial in Los Angeles with their friend Tim Killings, who was arrested and spent three days in jail for speaking out in the LA court room during Mehserle’s testimony – and Tracey Bell-Borden.

---

Dave Id is a prolific journalist with IndyBay, and has continuously documented the Justice for Oscar Grant Movement. This article originally appeared on IndyBay.org, then the SFBayView.

Read More

Activists defend the right to organize in response of Johannes Mehserle verdict

By Dave Id
Special to TheBlackHour.com


Pictured above: Tony Coleman, longtime community activist, of OneFam and New Year's Movement for Justice, describes the reason for choosing the location at 14th and Broadway because it represents Oakland's Town Square and says that the real "outside agitators" are Oakland police, 90 per cent of whom do not live in the city.

---

The Oakland General Assembly for Justice for Oscar Grant held a press conference to forcefully assert the people's right to gather publicly on the day of the verdict in Johannes Mehserle's trial for the murder of Oscar Grant and to confront the distractions and misinformation currently being spread across the city by the Mayor's office, the Oakland police department, and local non-profit organizations.

Speakers reiterated that the focus now and on the day of the verdict should be on justice for Oscar Grant and all victims of police violence, not potential property destruction should Mehserle be convicted of something less than second degree murder or acquitted all together.


Other speakers included Jabari Shaw, president of Laney College BSU, and Michael Walker, both of whom have been attending Meherle's trial in Los Angeles (with their friend Tim Killings, who was arrested and spent three days in jail for speaking out in the LA court room during Meherle's testimony); Karissa Cole, from the Gang Injunction Coalition and Oakland Community Action Network; and Reverend Henry Williams, of Humanity Baptist Church and Restitution Reparation.

---

As Karissa Shaw made plain, "Everybody's talking about peace and we're still waiting on our justice."

Read More

Mehserle trial, day 2, friend sobs on the stand

By Thandisizwe Chimurenga

Morning testimony in day two of the Mehserle trial ended on an emotional note. A 17-year-old friend of Oscar Grant, accompanying Grant when he was shot by the former transit officer, was called to the stand.

Jamil Dewar had filmed some of the events the morning of Jan. 1, 2009, on the Fruitvale BART station platform with his cell phone camera.

Although the video does not actually show Grant being shot by Mehserle, Dewar broke down, sobbing uncontrollably, as the court heard the sound of Mehserle’s gun go off in the video. His mother rushed to the witness stand to console him, also weeping, as the court went into recess for lunch.

Dewar, who was 15 years old at the time of Grant’s death, was one of five individuals at the BART station who captured various portions of the chaos on film.

Prior to Dewar taking the stand Friday, the court heard from Karina Vargas, Tommy Cross and Daniel Liu. The prosecution was continuing its theme of establishing the video evidence in the case, begun Thursday afternoon, by calling the New Year’s Eve BART riders who had shot the videos of the Mehserle shooting. Maragarita Carazo, who was called to the stand Thursday, was the first to testify.

Four common threads bound all of the previous four witnesses’ testimony: All began filming due to the aggression they say they either saw or heard from officer Tony Pirone; all stated that Oscar Grant was cooperative the whole time and that his hands were behind his back; all stated that Mehserle was holding his gun with both hands in front of him, and all said that Mehserle had a shocked look on his face.

Michael Rains, attorney for the defense in the case, took the opportunity to briefly cross-examine all of the witnesses on their testimony, mainly focusing on their perceptions of Mehserle’s facial expression after Grant was shot.

Rains’ questioning of Dewar however took on a different tone. Using transcripts of Dewar’s testimony during a preliminary hearing in May of 2009, Rains first attempted to elicit evidence of gang activity and whether or not Grant was the aggressor in the scuffle that led to BART police being called to the Fruitvale station.

Dewar’s recollections were inconsistent even though Rains took the opportunity to read back portions of his testimony to him. At one point Rains asked if Dewar did in fact give false testimony during the preliminary hearing, wherein Dewar stated he hadn’t meant to.
Oscar Grant’s mother, Wanda Johnson, speaks to the media outside court Thursday, June 10, during the murder trial of former BART officer Johannes Mehserle. So far most of the media covering the trial are from the Bay Area. Readers who recognize how historic this trial is and how tragic an acquittal would be should encourage their favorite media, especially the Black press, to cover it. – Photo: Nick Ut
“[T]he defense was trying to bring up some irrelevant issues, possibly connected to gangs, that really had no impact on Mr. Mehserle shooting Oscar Grant in his back,” said Alex Alonso of streetgangs.com. The site is a compendium of news, analysis and information on gangs, the court system and law enforcement, including a section called “Good Cop/Bad Cop.”

An expert witness in numerous criminal trials who observed the day’s proceedings, Alonso said he felt that Rains’ questioning was out of line.

“And while the defense attorney was asking all these questions, I noticed that the prosecution did not object … and allowed this questioning to go on for several minutes until the judge actually requested a sidebar,” said Alonso. “I felt that the judge maybe saw that the line of questioning was irrelevant ….”

Rains ended his cross-examination of Dewar by asking why the young man didn’t break down emotionally in May of 2009 when he saw his video played back the way he did today.

Dewar answered that he hadn’t seen the video any more since that time.
javascript:void(0)
The trial will resume Monday, June 14, at 8:30 a.m., while the local Oscar Grant Justice Coalition will have a day-long protest in front of the courthouse beginning at 8 a.m.

Source: San Francisco Bay View Newspaper

Read More

Mehserle jury selected, trial date set

By Thandisizwe Chimurenga
Special to TheBlackHour.com

What began as a two-day selection process ended today with eight women and four men being sworn in as jurors in the murder trial of Johannes Mehserle. The former transit officer is charged with the New Year’s Day 2009 killing of Oscar Grant III, 22, at an Oakland subway station.

The jury, composed of five Latina and three white woman and two Latino and two white men, will hear opening statements in the case on Thursday, June 10.

During the selection process, which began at 8:30 a.m. and ran until approximately 4 p.m., three African-Americans were excused by the court and the remaining two African-Americans in today’s juror pool were struck by the defense.

Many of today’s potential jurors had ties to law enforcement either through friendship, past service or through relatives.

Both the prosecution and the defense were allowed a total of 20 peremptory challenges each for the jurors and six each for the alternates.

Some in the courtroom said they were stunned by the lack of black jurors in the case.

Phyllis Jackson said “it was a chilling day” for Los Angeles.

“Jury selection here banishes all black people like the recent Equal Justice Initiative report found that southern courts do, while allowing the jury to be stacked with people who have friends, family and businesses involved with law enforcement,” she said.

The Southern California college professor came to court to observe the proceedings, which are open to the public.

Tracy Cooper, who came from Oakland to observe the proceedings, agreed.

“Out of the five intelligent black people they had in that jury pool, I can’t believe that not one of them was selected to serve on the jury,” she said. “Some of the people they decided to keep, there were too many who favored police officers.”

Jack Bryson Sr. said that the judge was giving Mehserle’s attorney, Michael Rains, the trial on a platter.

“If tomorrow’s motions go (Rains’) way, there’s no hope for justice,” he said.

Court will resume at 9:30 a.m. on Wednesday morning to hear three motions by Rains.

Two motions that were filed last week seek to either exclude Sophina Mesa, girlfriend of Oscar Grant and mother of their 4-year old daughter, from testifying or allow Rains to cross-examine her about Oscar Grant’s probation and parole status. The other motion seeks to exclude former transit officer Tony Pirone’s utterance of a racial slur at Oscar Grant.

A motion filed yesterday with the court seeks to exclude the synchronized video of the events of Jan. 1, 2009, submitted by the District Attorney and requests an evidentiary hearing.

Mehserle’s defense has also prepared and submitted a synchronized video to the court.

Opening statements in the trial are set for Thursday, June 10.

Thandisizwe Chimurenga, a veteran Los Angeles-based journalist and a programmer on LA Pacifica station KPFK, is covering the People v. Mehserle trial. Follow her coverage on Twitter @OscarGrantTrial. This article originally appeared on the San Francisco Bay View and OaklandLocal.com.

Read More

California v. Mehserle: Trial of Oscar Grant's murderer

By Thandisizwe Chimurenga
Special to TheBlackHour.com

The jury in the People of the State of California v. Johannes Mehserle will be whittled down to 18 people this week.

The process of voir dire is scheduled to conclude Wednesday June 9 by choosing 12 jurors and 6 alternates. Those individuals will hear opening arguments in the historic case the following day, June 10.

The case is the first time in California history that a law enforcement officer will be tried for murder committed in a line of duty shooting.

Last week, approximately 200 prospective jurors reported for duty at the Clara Shortridge Fritz Criminal Justice Center. They were informed by Judge Robert Perry of the need to ensure “a fair trial for both sides … without bias, sympathy, emotion or prejudice,” said Perry.

About half of the prospective jurors were excused primarily due to financial hardship. Many of those also cited their own biases as cause for bring excluded, stating they had already formed an opinion about the case.

One woman said her reason for being biased was because she had “a problem with people with guns and a little bit (with) authority.”

The woman’s bias became more pronounced as she told the court that the defendant looked like “a jarhead,” and that she was tired of all these “brown babies” being killed.

Some others said their bias was due to having friends or family members in law enforcement. One young man said he that he could not “separate what happens to cops when they go to jail.”

“You wouldn’t vote ‘not guilty’ if you thought he was guilty, would you?” Perry asked. The man answered no but he was also excused from service.

David Stein, representing the Alameda County District Attorney, Michael Rains, attorney for Mehserle and Perry will query the remaining potential jurors based on their answers to the 15-page questionnaire that was distributed last week.

Both the prosecution and the defense will have a total of 52 peremptory challenges that may be used to strike prospective jurors from the pool.

The number of African-Americans in the jury pool is very small but there is a very large representation of Latinos.

Burris Comes Under Gag Order

During pretrial hearings and through jury selection Judge Robert Perry has stressed his intent to have the case judged on the facts presented in court. “We’re going to go through a lot of trouble to have the jurors judge this case on its merits,” he said. So as not to have what he termed a “side show atmosphere” in the trial, Perry ruled on June 1 that John Burris, attorney for the family of Grant, will have a gag order extended to him.

Rains had tried unsuccessfully at a January preliminary hearing to have the gag order, first imposed on the prosecution and the defense by Alameda County Superior Court Judge Morris Jacobson last year, extended to Burris and the attorneys for BART in the civil trial.

Although Perry did not extend the order at that time, he reversed himself last week, because he said he had not been aware that Burris was the attorney for about five young men who are scheduled to be called as witnesses in the case.

Burris’ attorney, Carl Douglas of Beverly Hills urged the court “against the rare act” of extending the gag order so that Burris could remain “a zealous advocate for his clients.”

Attorney James Simmons says he is not surprised that the judge ruled Burris should come under the gag order. “It does not appear to be an abuse of the judge’s discretion,” said the Los Angeles-based criminal defense attorney. “His clients are involved in this trial; if they were not witnesses, there would be no justification for a gag order.”

Burris will be allowed to be present in the courtroom and observe the trial, but both he and the attorneys for BART in the civil trial are now barred from speaking with media.

Expert Video Testimony to Be Allowed

Judge Perry also ruled last week that Michael Schott, a forensic video analyst, could testify as an expert witness for the defense.

During a May 7 pre-trial hearing Perry said he was concerned that Schott’s testimony would include declarative statements and cross the line into advocacy. Deputy D.A. Stein also registered his concern about Schott’s possible testimony. “You can’t see it here, but let me tell you what is happening,” he cited as an example.

Schott, whose background includes being a crime scene photographer in the 1970s, took the stand last week and both Rains and Stein questioned him as to his proposed testimony.

The videos that have been entered into evidence for the trial include one from a BART surveillance camera at the Fruitvale Station and five from individuals who were present at the scene.

Some of the sample testimony that Schott gave included his interpretation of what BART officers were doing and what Oscar Grant and others were doing in the video.

At one point during his sample testimony, Schott testified that a video showed Oscar Grant kneeing or attempting to knee former officer Tony Pirone in the midsection, and another video showed Jackie Bryson attempting to strike former officer Mehserle.

Stein countered that Schott’s testimony was only his interpretation and Perry clarified this was the case.

Still, the testimony of Schott was a cause for alarm for Jack Bryson, Sr.

“What is it that Michael Rains and Judge Perry see that no one else sees in this video?” asked Bryson Sr. “If my son had tried to hit that cop, don’t you think he would have arrested him? He was never charged; he was detained six hours but he was never charged with anything.”

Bryson Sr. echoed the earlier words of Judge Perry. “This judge is supposed to be there to make sure that Oscar also gets a fair trial.”

The trial is expected to last through the month of June.

Read More

Oscar Grant Protest held in Oakland on Eve of Mehserle Trial

On the eve of the historic trial of former BART officer Johannes Mehserle in the murder of Oscar Grant, activists held a vigil at Alameda County Superior Court. The case was moved to Los Angeles County, after Mehserle's defense successfully argued his client could not receive a fair trial in Alameda County.



The shooting, which occurred over 15 months ago, sparked outrage in the Bay Area with mass protests. Protests have taken place throughout the state, on various college campuses, and will likely be ramping up in Los Angeles as Bay Area activists have connected with Los Angeles activists.

Read More

Killer Oakland Police officer Patrick Gonzalez identified, armed and dangerous, activists say

There is a man, armed and dangerous, roaming the streets of Oakland, California. He has killed three citizens, wounded another and known for harassing countless others.

"Sgt Patrick Gonzales is one of Oakland's most notorious killers," according to Oakland Cop Watch. "At the moment this murderer is being paid more then $200,000 a year for terrorizing the residents of Oakland. Everyone in Oakland needs to know the identity of Patrick Gonzales. He is a threat to us all!"

The anti-police terrorism organization, "Oakland Copwatch" has recently identified Gonzalez and produced the "Wanted" poster picture above.

Gonzales is known for shooting and killing the unarmed Gary King, Jr. in 2007. Calling King a "potential suspect" in a recent murder, Gonzales sped across six-lanes of traffic on Martin Luther King Blvd, grabbed King by the hair and tased him. When King ran, Gonzales shot him in the back.

A mural was created for King on a BART column, but was buffed by the transit agency earlier last fall.

He also shot and killed Joshua Russell in 2002. He also shot and wounded Amir Rollins in June 2006 for allegedly being armed with a shotgun. Last March, Gonzales was wounded while executing a botched SWAT raid to kill Lovelle Mixon -- an Oakland resident who had just shot and killed two Oakland Police officers -- that unnecessarily resulted in the deaths of two more Oakland police officers.

Cop Watch has encouraged people to be careful if approached by Gonzales, he is armed and licensed to kill, they say.

Read More

BART fires second officer involved with shooting of Grant

Photo: Flickr User TheBlackHour.com Protester calls for criminal charges against BART officer Tony Pirone during an April 8 demonstration at Embarcadero BART Station. Pirone was fired Thursday.

By Reginald James
TheBlackHour.com Editor

The BART police officer accused of punching Oscar Grant in the face and calling him a racial epithet moments before his death on New Year's Day 2009 was fired Thursday.

Officer Tony Pirone, who called Grant a "Bitch Ass Nigger," was also seen in a video attacking Grant. Pirone was the officer kneeling on Grant's back when then-BART Police officer Johannes Mehserle shot Grant in the back. Grant later died.

Mehserle was charged with murder and had his trial moved to Los Angeles. The trial is scheduled to begin in June.

Daschel Butler, interim BART police chief, made the decision to fire Pirone Thursday. Last week, Butler announced a temporary ban on the BART police force's use of Tasers.

Pirone is the second BART police officer to be fired in connection with the shooting of Grant. Last month, Pirone's partner Marysol Domenici was also fired. They were the first to arrive on the scene at the Fruitvale BART Station on New Year's Day 2009 when Grant was killed.

On April 8, 200 protesters disrupted the evening commute at Embarcadero Station in San Francisco to demand the firing of Pirone, along with the disbanding of BART police.

Photo Credit: KTVU Marysol Domenici and Tony Pirone, accomplices to the 2009 New Year's Day shooting of Oscar Grant, have both been fired by BART in the last month. Former BART officer Johannes Mehserle has been charged with murder.

With the firing of Pirone, three of the officers involved with the death of Grant are no longer on the force.

BART police officer Emery Knudtson, who was present at the April 8 demonstration -- but was taunted until he left the platform -- is still on the force. Pirone, and Domenici were placed on paid administrative leave since last year's shooting. Some estimate the expense of keeping those officers on the payroll for 14 or more months to be upwards of $200,000.

BART reached a settlement with Grant's daughter for $1.5 million in January. Due to accrued interest, it is estimated to equal more.

Neither Butler or BART spokesman Linton Johnson could be reached for comment. But BART announced earlier today a new police bike patrol service in honor of Earth Day.

It is also expected that BART will name a permanent chief this week. Embattled former chief Gary Gee was allowed to retire without incident last year.

Update:
In an email, BART Chief Spokesperson Linton Johnson wrote, "I can simply say that Mr. Pirone is no longer an employee with the District effective immediately."

On BART.gov, a statement from Butler said, "I have announced to my staff that Officer Tony Pirone is no longer employed by the District. Mr. Pirone’s last day of employment was today."

Original KTVU report implicating other officers:

Read More