Last updated 12/03/2010 at 3:41 p.m. PST

LA Judge Denies Mehserle Bid for Bail

The ex-BART cop sought to be freed on bail while the appeal of his conviction is pending

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By Steven Luo, California Beat on December 3, 2010 - 3:42 p.m. PST
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Ex-BART officer Johannes Mehserle

A Los Angeles judge today denied a request for bail from former BART Police Officer Johannes Mehserle, convicted of involuntary manslaughter in the New Year's Day 2009 shooting death of Oscar Grant.

"This court sincerely believes" that Mehserle's conviction "will not be reversed" on appeal, Judge Robert Perry explained.

Perry said that, in order for Mehserle to be granted bail, his appeal had to raise a "substantial legal question" that "would result in reversal" of his conviction if decided in his favor.

Of the defense's arguments, which include claims that the judge was mistaken in telling the jury that Mehserle could be found guilty of involuntary manslaughter if he "knew or should have known" that controversial former BART Police Officer Anthony Pirone was using excessive force, Perry said, "none of these issues [...] would likely result in reversal of [Mehserle's] conviction."

Defense attorney Michael Rains said afterward that he was "disappointed" by the decision. "We disagree with that ruling," he said. Rains said he would "probably" appeal the denial of bail.

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Meanwhile, Cephus Johnson, Grant's uncle, told reporters that the Grant family was "extremely surprised" and "happy" that Mehserle was denied bail. "We believed he was going home," he told reporters after the hearing.

He said he was "still in pain" over Mehserle's acquittal on murder charges and Perry's imposition of the minimum sentence, which was two years, with credit for time already served.

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