Posted on 07/01/2010 8:01:49 AM PDT by SmithL
I wrote for the Los Angeles Daily News during the Rodney King riots in 1992. I remember the first time I saw the shocking videotape of a group of officers beating and kicking a lone black motorist. Then I followed the trial of four police officers, the not-guilty verdicts, the rage and the ugliness. Six days of rioting left parts of Los Angeles charred and 54 people dead.
As Oakland awaits the verdict in the trial of former BART police officer Johannes Mehserle for the 2009 New Year's Day shooting of Oscar Grant, some officials fear violence will erupt in Oakland if the Los Angeles jury delivers a verdict that enrages area anarchists.
For one thing, it is possible the jury of seven whites, four Latinos and one decline-to-state individual will acquit Mehserle, who pleaded not guilty and testified that he meant to shock Grant, 22, with a Taser but accidentally fired his gun.
Judge Robert Perry, however, did Oakland a big favor Wednesday when he ruled out first-degree murder. As Demian Bulwa reported, the judge said he saw no evidence of premeditation.
In that, jurors generally don't like to convict people who have put their own bodies on the line to protect the public at large; the judge has given this panel options to redress the lethal consequences of Mehserle's actions. Over the objections of both the prosecution and defense, Perry gave jurors the option of convicting Mehserle of second-degree murder, voluntary manslaughter or involuntary manslaughter. From my limited newspaper perch, a manslaughter conviction seems far more likely than a murder conviction.
(Excerpt) Read more at sfgate.com ...
Why don’t we simply advocate rioting? After all, don’t we all want to destroy things and assault people when a judicial decision doesn’t go our way? Isn’t that what the judicial system in the U.S is about, revenge for perceived wrongs? /s
“I saw the shocking videotape of a group of officers beating and kicking a lone black motorist.”
This writer is an idiot. She must never have seen the whole, unedited video of King, before the beginning of the footage was clipped off to show only the “beating.” “Lone black motorist?” Forgot about the car chase twit?
This cop deserves a conviction for Manslaughter for sure, but Murder 1 was a ridiculous charge.
However, my chips fall on negligent or involuntary manslaughter. Either way, family of the victim (RIP) gets millions, and deservedly so.
192. Manslaughter is the unlawful killing of a human being without
malice.
(a) Voluntary—upon a sudden quarrel or heat of passion.
(b) Involuntary—in the commission of an unlawful act, not
amounting to felony; or in the commission of a lawful act which might
produce death, in an unlawful manner, or without due caution and
circumspection.
I haven't been following the case all that closely, but I don't think that the prosecution has tried to prove the elements of voluntary manslaughter. They may have addressed thee “due caution and circumspection” requirement for involuntary as that would be a logical line of reasoning, but most of the press has focused on the murder one charge, which was clearly lacking the “malice aforethought” required under California law for that charge.
Oops...forgot to mention “negligent homicide”. In California, that’s vehicular manslaughter, so off the table in this case.
I think the charge should be criminally negligent manslaughter. The cop had professional training that created a high level of expectation of proper performance, especially in a controlled situation involving his own equipment, and most especially because that equipment was potentially lethal. In addition, the victim was unarmed and in a neutralized physical position, under the control of the officer.
From Wiki: Criminally negligent manslaughter occurs where there is an omission to act when there is a duty to do so, or a failure to perform a duty owed, which leads to a death. The existence of the duty is essential because the law does not impose criminal liability for a failure to act unless a specific duty is owed to the victim. It is most common in the case of professionals who are grossly negligent in the course of their employment.
It’s very refreshing to have an adult conversation about this case.
Please see my two posts above regarding the sections of the penal code the court directed the jury to consider.
But I would take issue with your assertion that the events leading up to this (unfortunate) shooting were not “controlled”, and that “... the victim was unarmed and in a neutralized physical position, under the control of the officer.” Seriously misstates the situation.
From the Oakland court records, prior to this trial:
“Officer Pirone directed Officer Mehserle to arrest two of the individuals who had not been handcuffed. One of the individuals to be arrested was Oscar Grant, and Officer Pirone’s direction to Mehserle was overheard by Grant. Grant, upon hearing that he was under arrest, attempted to stand up, but was forced to the ground face first. Both Officer Mehserle and Officer Pirone attempted to restrain Mr. Grant and to seek his compliance by ordering him to put his hands behind his back to be handcuffed, but Mr. Grant resisted and refused to submit to handcuffing. Officer Mehserle was pulling at Mr. Grant’s right hand and arm, which remained under his torso near his waistband. Mr. Grant had not been searched by any officer for weapons, either prior to his initial detention or after being seated near the wall.”
Pirone said he told Grant “Stop resisting, you’re under arrest, put your hands behind your back.” At that time Pirone said he heard Mehserle say, “Put your hands behind your back, stop resisting, stop resisting, put your hands behind your back.” Then Mehserle said, “I’m going to taze him, I’m going to taze him. I can’t get his arms. He won’t give me his arms. His hands are going for his waistband.” Then Mehserle popped up and said, “Tony, Tony, get away, back up, back up.” Pirone did not know if Grant was armed. Mehserle had fear in his voice. Pirone had never heard Mehserle’s voice with that tone. Mehserle sounded afraid.
source:
People v. Mehserle, Motion to Set Bail, Case No. 547353-7 (Alameda Cty., Cal.)”. 2009.
MSM repetition has changed the facts to exactly be what Saunders stated, because the given scenario is what the collective experience of Black America insists actually occurred.
So it's no good trying to claim anything different happened, just because the video shows it. :)
Wow! Interesting testimony. Keep me informed. When is the verdict supposed to come down?
Also, most people forget that ol’ Rodney wasn’t alone that night. He was driving with 2 of his homies, both black.
Guess what happened to them that night?
Not a damn thing-the cop who first got them out of the car had them move out of the way and keep quiet, and they did. Only Rodney got crazy. Funny how that works-act like a law-abiding citizen and 99 out of 100 times, especially if it’s not just an act and you really didn’t do anything wrong, you don’t get beat by the cops. It’s elegant in its simplicity.
If this ignorant Oakland sh!tstain hadn’t acted like an animalistic a-hole that night, the cop never would have been in contact with him....
Now he’s dead (no big loss there) the cop is in a world of trouble, which may be at least partially deserved-at the very least he made a huge mistake, and the feral scum who look for any excuse to riot are ready to go.
I saw the Rodney King video the very first time it was played. Never saw that complete version again!
Closing arguments wrapping up this morning. Probably will go to the jury this afternoon. Monday is a court holiday, so I’m guessing sometime middle of next week.
There are many similarities, though important differences in the two cases. That said, the story in the MSM is the same: they present a bizarre one-sided story, of an innocent, peaceful fellow set upon by out of control cops.
But the jury gets to see all of the evidence, which in the Rodney King case, let to acquittal on state charges, and opportunistic riots in the city. My personal view is that whatever the verdict in this case, there are folks in Oakland and elsewhere planning to take advantage of the situation, and cause some mayhem, have some fun, steal some stuff, maybe settle some old scores, and blame it all on ‘the man’.
That’s the story. It’s gone unreported, and overlooked. How long can a civilization be sustained under such a persistent assault from its elites? Something’s got to change, that’s for sure.
I think the jury is off today due to a prior commitment by one of the jurors. Deliberations will probably start tomorrow.
If the verdict comes down on Friday, the press expects the judge will delay the announcement until after the long weekend.
“This writer is an idiot. She must never have seen the whole, unedited video of King”
.
That’s a safe bet, since there is no such video. The video of the beating made it plain that one of those officers was a brutal criminal, and the fact that he got off is nothing to brag about. That beating made life more difficult for every other police officer in this country.
Onward to Mehserle, soon we will be treated to the videos that the other passengers made. Nothing about this can be good, according to the comments from those that have viewed them.
” My personal view is that whatever the verdict in this case, there are folks in Oakland and elsewhere planning to take advantage of the situation, and cause some mayhem, have some fun, steal some stuff, maybe settle some old scores, and blame it all on ‘the man’.”
.
In Oakland, that is a given.
The Oakland city government is among the most incompetent in the country, and some factions within the PD would like to see some action too.
.
There won’t be a verdict tomorrow, the arguments in the case have not been completed yet, so Tuesday afternoon is the earliest that a verdict can come.
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