Jacobson noted in agreeing to the defense request for a change of venue, “the nature of this crime has an "implied" racial aspect to it in that the defendant is Caucasian and the victim was African American.”

"Only one tribunal ever adopted a practice of forcing counsel upon an unwilling defendant in a criminal proceeding. The tribunal was the Star Chamber."-U.S. v Faretta , 422 U.S. 806 (1975)

OUTSIDE, IT'S AMERICA

REASONABLE DOUBT

"Silence in the face of evil is itself evil: God will not hold us guiltless.
Not to speak is to speak. Not to act is to act." ― Dietrich Bonhoeffer

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The transit police officer accused of shooting an unarmed rider in Oakland on New Year's Day cannot get a fair trial in Alameda County and should be tried outside the region, a Superior Court judge ruled today.

The death of Oscar Grant, who allegedly was shot by Officer Johannes Mehserle on a BART station platform, sparked riots in downtown Oakland, death threats against Mehserle and a “staggering” volume of media coverage, Judge Morris Jacobson wrote in his 28-page ruling.

Fellow passengers recorded the shooting and its chaotic aftermath on cellphones in footage that was broadcast widely in the region and beyond.

Mehserle was charged with murder in the case; Jacobson called such a charge against an on-duty police officer acting in the scope of his duties “rare and nearly unique.”

In addition, Jacobson noted in agreeing to the defense request for a change of venue, “the nature of this crime has an implied racial aspect to it in that the defendant is Caucasian and the victim was African American.”

Attorneys for Mehserle and Grant's family could not be reached for comment. A hearing will be held to decide where the trial — which is scheduled to begin Nov. 2 — should take place.

[Updated at 6:32 p.m.: Mehserle's attorney, Michael Rains, said the ruling “certainly does give me some additional reason to believe that justice could occur, and I'm happy about that.”

John L. Burris, who has represented Grant's family, could not be reached for comment.]

—Maria L. La Ganga in San Francisco

Photo: Johannes Mehserle is shackled during a Jan. 14 court appearance.

Credit: Cathleen Allison / Associated Press

UPDATE: CONVICTED

Suspicion that viewpoint discrimination is afoot is at its zenith when the speech restricted is speech critical of the government," Ridley v. Mass. Bay Transp. Auth., 390 F.3d 65, 86 (1st Cir. 2004)

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