Sylvia A. Harvey's Nook

To be or not to be convicted

On Friday morning the Port of Oakland was inundated with hundreds of police officers clad in riot gear. The officers were participating in a number of mock riot exercises. Why? Because if Johannes Mehserle is acquitted in the case of Oscar Grant III’s death Oakland will literally and figuratively be on fire.

On New Years Day in 2009 police were called to the Oakland Fruitvale BART station after the train conductor reported fights on the train. Moments later, Oscar Grant III, lay on his stomach with his hands behind his back as BART officer, Johannes Mehserle, fired a shot that later proved fatal.  A bystander captured the searing video footage of the tragedy: the video showed the already restrained 22-year-old being shot in his back by Mehserle. As the news spread of yet another unarmed black man dead at the hands of a white officer racial tension bubbled and the theme of police brutality inflamed the Oakland streets.

The case garnered so much publicity  and incited even more racial tension that Alameda County Superior Court Judge, Morris Jacobson, ordered a change of venue for the trial. Now, 18-months later, Mehserle is on trial in Los Angeles without a single black juror on his jury. But does it matter? I don’t think so: I believe the seven white, four Hispanic and one East Indian that are on the jury are capable of seeing justice. But what is justice in this case?

Mehserle has pleaded not guilty to murder charges. His defense is that he intended to pull out/fire his taser but mistakenly grabbed his gun.  The prosecution argues that Mehserle indeed intended to shoot Grant, and that he used his gun because he was losing control of the situation.

I believe it was a hectic situation, but how likely is it that a trained officer of the law mixes up his/her weapon causing a fatality? Did the officer get scared, nervous, and shoot without thinking? Perhaps. Is that acceptable? No.

However, I cannot logically comprehend that this was a pure and intentional killing. Maybe I’m naïve and want to believe we live in a somewhat humane society. I have asked myself a number of times, “Why on earth would a white law enforcement agent kill an unarmed black man in front of a sea of witnesses?”

While I was originally optimistic that Mehserle would be convicted, being back home (in Oakland) and following the trial has erupted an achingly familiar feeling that injustice will prevail once again. In my head I think of a “guilty” verdict, but am met with the visuals of countless batons clamoring down on Rodney King or the deafening sound of the combined 91-shots that claimed both Amadou Diallo and Sean Bell. I hear the cries that still echo for the dead unarmed young black/brown men.  Officers have been getting acquitted for years: will things change starting with Mehserle?

Michael Mineo a drug suspect who alleged an NYPD officer sodomized him, said “I kind of had a feeling it was going to turn out this way,” referring to officers being acquitted in his case. Mineo continued, “If you want to commit a murder, join the NYPD.” Is that what our community members are starting to believe or is that just one suspects opinion? Do you feel that police officers are invincible to the law?

Ten years ago police officer, Marcy Noriega, shot and killed 24-year-old Everardo Torres who was handcuffed and sitting in the back seat of her police car. She said that she meant to grab her taser. She was acquitted.

Perhaps the difference between the Torres and Grant case is that Grant took a cell phone photo of Mehserle holding his Taser prior to being fatally shot. What will this evidence prove to the jury? In the case of Mehserle the prosecution has rested and the defense has begun presenting. To tarnish the late Grant’s character the defense has questioned a police officer who arrested Grant in 2006. According to a police report, Grant ran from officers, resisted arrest, and was ultimately shot with a stun gun. Grant was sentenced to 1.5 years in prison for gun possession. What effect will Grant’s criminal record have on the way jurors perceive his death?

What is going to happen if Mehserle is acquitted? If past responses to similar cases are any indication we need a better solution.Will a community tear up their own neighborhood? Will people come up with a catchy chant, light another candle, and hold another protest or vigil? What are people going to do if Mehserle is acquitted? What will it say about our justice system if he is acquitted? How do these events shape our reactions to and perceptions of law enforcement?

The divide between law enforcement and people of color in the inner city is a stark one. What happens to the psyche of the black and brown men that fear or distrust officers because of such a wretched relationship. What do we do when we live in a community where law enforcement continuously illustrates a less than stellar command of their power?

5 comments

  1. still optimistic says:

    In Havana, Cuba local police are normally recruited from far and away because of the inability to get someone from Havana to take the job. This is primarily due to the fact that if you are the law, you are trying to enforce the law. In Havana, you cannot survive without access to the underworld which feeds, clothes, protects its citizens. With that said most police are young and from rural areas. You can say that they are inexperienced in the everyday dramas of an urban city center, which can easily lead to intimidation. They are not accepted by the the citizens they are trying to ‘police’, rather than ‘protect’.

    It’s the same in our cities. Young, inexperienced and detached from the area they are ‘policing’ . I mean, how many intelligent, rational, successful people want to earn $35k a year to risk their lives? Couple that with ego and a gun, and we can begin to set the stage for all these stories.

    Ultimately, though, is Mehserle guilty? He is if he cannot come up with a reasonable defense. Why would you take your taser out for someone that is restrained in the first place? That cannot be an argument in his defense. Same goes with Torres; the guy was in the back of the squad car. Why taser him? It is an obvious loss of self control that is a punishable offense if it harms the life of another., irrespective of what side of the law you are. Anything other than a guilty verdict would be unacceptable.

    Our actions are the only thing we can control. While anger is a real emotion, and it can be justified, it needs to be harnessed rationally and with wisdom. Instead of tearing down the city and perpetuating the stereotype, lets begin to collect signatures. Lets stand outside the courthouse and not leave until someone changes whatever law or operating procedure is allowing this to keep happening. Let’s put our energy towards making SURE the ones we elect hear us. And a million people surrounding the capital is a great start to opening that dialogue.

    In the history books we read about landmark cases that have changed the course of history. We can do that again, through law, instead of going down in history like another LA Riot.

  2. Kwame says:

    The only reason I can come up with that may ease the jurors apprehension when it’s time to find him guilty is that he’s NOT a “real” cop. It’s one thing to convict the ganglike actions of an NYPD or LAPD officers and another to sentence a transit cop, who don’t exist in the community to the same degree and are not relied upon by ordinary citizens. Especially in a car-heavy region like LA, those with means would not necessarily deal with a transit officer.

    The standards for these cops are lower, and some are really glorified security guards, who were not accepted into the police training program. That said, transit cops should not have guns. Non-cops should not have guns, but the American philosophy is unique. Also, some inflammatory rhetoric was used by Mershelse’s partner and the video is so powerful, that if the prosecution didn’t try to overdo it, it will linger in the minds of the jury. Apparently weapon training has been change post-Grant killing. Whew, that’s a “relief.”

  3. Keturah says:

    I am unable to comment on this; it is one of those cases that overwhelms me and leaves me speechless, without much coherent commentary to add. Sorry…

  4. Lilly White says:

    “What will it say about our justice system if he is acquitted?”

    Umm …

    let’s see …

    oh, i don’t know …

    maybe, what we’ve been saying all along:

    there is no justice to be found in the just-us system?

  5. Ron Davis says:

    I have to say I really appreciate your perspective in this article. It would seem like an open and cut case, but I like you cannot comprehend why a trained officer would shoot a restrained man in the back in front of many witnesses. Makes no sense. but neither does racism… I trust this jury will wade through the facts and get this case correct…

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To be or not to be convicted | Sylvia A. Harvey's Nook

To be or not to be convicted

On Friday morning the Port of Oakland was inundated with hundreds of police officers clad in riot gear. The officers were participating in a number of mock riot exercises. Why? Because if Johannes Mehserle is acquitted in the case of Oscar Grant III’s death Oakland will literally and figuratively be on fire.

On New Years Day in 2009 police were called to the Oakland Fruitvale BART station after the train conductor reported fights on the train. Moments later, Oscar Grant III, lay on his stomach with his hands behind his back as BART officer, Johannes Mehserle, fired a shot that later proved fatal.  A bystander captured the searing video footage of the tragedy: the video showed the already restrained 22-year-old being shot in his back by Mehserle. As the news spread of yet another unarmed black man dead at the hands of a white officer racial tension bubbled and the theme of police brutality inflamed the Oakland streets.

The case garnered so much publicity  and incited even more racial tension that Alameda County Superior Court Judge, Morris Jacobson, ordered a change of venue for the trial. Now, 18-months later, Mehserle is on trial in Los Angeles without a single black juror on his jury. But does it matter? I don’t think so: I believe the seven white, four Hispanic and one East Indian that are on the jury are capable of seeing justice. But what is justice in this case?

Mehserle has pleaded not guilty to murder charges. His defense is that he intended to pull out/fire his taser but mistakenly grabbed his gun.  The prosecution argues that Mehserle indeed intended to shoot Grant, and that he used his gun because he was losing control of the situation.

I believe it was a hectic situation, but how likely is it that a trained officer of the law mixes up his/her weapon causing a fatality? Did the officer get scared, nervous, and shoot without thinking? Perhaps. Is that acceptable? No.

However, I cannot logically comprehend that this was a pure and intentional killing. Maybe I’m naïve and want to believe we live in a somewhat humane society. I have asked myself a number of times, “Why on earth would a white law enforcement agent kill an unarmed black man in front of a sea of witnesses?”

While I was originally optimistic that Mehserle would be convicted, being back home (in Oakland) and following the trial has erupted an achingly familiar feeling that injustice will prevail once again. In my head I think of a “guilty” verdict, but am met with the visuals of countless batons clamoring down on Rodney King or the deafening sound of the combined 91-shots that claimed both Amadou Diallo and Sean Bell. I hear the cries that still echo for the dead unarmed young black/brown men.  Officers have been getting acquitted for years: will things change starting with Mehserle?

Michael Mineo a drug suspect who alleged an NYPD officer sodomized him, said “I kind of had a feeling it was going to turn out this way,” referring to officers being acquitted in his case. Mineo continued, “If you want to commit a murder, join the NYPD.” Is that what our community members are starting to believe or is that just one suspects opinion? Do you feel that police officers are invincible to the law?

Ten years ago police officer, Marcy Noriega, shot and killed 24-year-old Everardo Torres who was handcuffed and sitting in the back seat of her police car. She said that she meant to grab her taser. She was acquitted.

Perhaps the difference between the Torres and Grant case is that Grant took a cell phone photo of Mehserle holding his Taser prior to being fatally shot. What will this evidence prove to the jury? In the case of Mehserle the prosecution has rested and the defense has begun presenting. To tarnish the late Grant’s character the defense has questioned a police officer who arrested Grant in 2006. According to a police report, Grant ran from officers, resisted arrest, and was ultimately shot with a stun gun. Grant was sentenced to 1.5 years in prison for gun possession. What effect will Grant’s criminal record have on the way jurors perceive his death?

What is going to happen if Mehserle is acquitted? If past responses to similar cases are any indication we need a better solution.Will a community tear up their own neighborhood? Will people come up with a catchy chant, light another candle, and hold another protest or vigil? What are people going to do if Mehserle is acquitted? What will it say about our justice system if he is acquitted? How do these events shape our reactions to and perceptions of law enforcement?

The divide between law enforcement and people of color in the inner city is a stark one. What happens to the psyche of the black and brown men that fear or distrust officers because of such a wretched relationship. What do we do when we live in a community where law enforcement continuously illustrates a less than stellar command of their power?

5 comments

  1. still optimistic says:

    In Havana, Cuba local police are normally recruited from far and away because of the inability to get someone from Havana to take the job. This is primarily due to the fact that if you are the law, you are trying to enforce the law. In Havana, you cannot survive without access to the underworld which feeds, clothes, protects its citizens. With that said most police are young and from rural areas. You can say that they are inexperienced in the everyday dramas of an urban city center, which can easily lead to intimidation. They are not accepted by the the citizens they are trying to ‘police’, rather than ‘protect’.

    It’s the same in our cities. Young, inexperienced and detached from the area they are ‘policing’ . I mean, how many intelligent, rational, successful people want to earn $35k a year to risk their lives? Couple that with ego and a gun, and we can begin to set the stage for all these stories.

    Ultimately, though, is Mehserle guilty? He is if he cannot come up with a reasonable defense. Why would you take your taser out for someone that is restrained in the first place? That cannot be an argument in his defense. Same goes with Torres; the guy was in the back of the squad car. Why taser him? It is an obvious loss of self control that is a punishable offense if it harms the life of another., irrespective of what side of the law you are. Anything other than a guilty verdict would be unacceptable.

    Our actions are the only thing we can control. While anger is a real emotion, and it can be justified, it needs to be harnessed rationally and with wisdom. Instead of tearing down the city and perpetuating the stereotype, lets begin to collect signatures. Lets stand outside the courthouse and not leave until someone changes whatever law or operating procedure is allowing this to keep happening. Let’s put our energy towards making SURE the ones we elect hear us. And a million people surrounding the capital is a great start to opening that dialogue.

    In the history books we read about landmark cases that have changed the course of history. We can do that again, through law, instead of going down in history like another LA Riot.

  2. Kwame says:

    The only reason I can come up with that may ease the jurors apprehension when it’s time to find him guilty is that he’s NOT a “real” cop. It’s one thing to convict the ganglike actions of an NYPD or LAPD officers and another to sentence a transit cop, who don’t exist in the community to the same degree and are not relied upon by ordinary citizens. Especially in a car-heavy region like LA, those with means would not necessarily deal with a transit officer.

    The standards for these cops are lower, and some are really glorified security guards, who were not accepted into the police training program. That said, transit cops should not have guns. Non-cops should not have guns, but the American philosophy is unique. Also, some inflammatory rhetoric was used by Mershelse’s partner and the video is so powerful, that if the prosecution didn’t try to overdo it, it will linger in the minds of the jury. Apparently weapon training has been change post-Grant killing. Whew, that’s a “relief.”

  3. Keturah says:

    I am unable to comment on this; it is one of those cases that overwhelms me and leaves me speechless, without much coherent commentary to add. Sorry…

  4. Lilly White says:

    “What will it say about our justice system if he is acquitted?”

    Umm …

    let’s see …

    oh, i don’t know …

    maybe, what we’ve been saying all along:

    there is no justice to be found in the just-us system?

  5. Ron Davis says:

    I have to say I really appreciate your perspective in this article. It would seem like an open and cut case, but I like you cannot comprehend why a trained officer would shoot a restrained man in the back in front of many witnesses. Makes no sense. but neither does racism… I trust this jury will wade through the facts and get this case correct…

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