Mehserle prosecutors argue against bail

[alp227]

Source: San Francisco Chronicle

(11-29) 14:26 PST LOS ANGELES -- Alameda County prosecutors are opposing bail for Johannes Mehserle, arguing that the former BART police officer convicted of involuntary manslaughter for fatally shooting an unarmed passenger has no realistic chance of winning his appeal.

Mehserle's lawyers are scheduled to ask a Los Angeles judge Friday to release him while he appeals his conviction and two-year prison sentence. They argue that he would pose no danger while on bail and has legitimate grounds for overturning the July 8 guilty verdict, such as jury instructions that the defense says confused the members of the panel that convicted Mehserle.

Mehserle, 28, shot Oscar Grant in the back while the 22-year-old Hayward man lay face-down on the platform at Oakland's Fruitvale BART Station on Jan. 1, 2009.

In convicting Mehserle of involuntary manslaughter rather than murder, the Superior Court jury accepted a defense argument that the officer, responding to chaotic conditions on the platform after a fight on the train, thought he was using his Taser stun gun instead of his pistol.

Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/11/29/BARH1GJ1LA.DTL

[saras]

1. They didn't say it, but...

Not only no chance of winning his appeal, way too much chance he'll commit another similar crime while out on bail.

[mackerel]

2. Highly unlikely