Law professor offers perspective on BART station killing
By: Brent Begin
Examiner Staff Writer
January 15, 2009
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| Professor Robert Talbot of University of San Francisco. (Courtesy Photo) |
SAN FRANCISCO —
Robert Talbot, professor of law at the University of San Francisco has taught criminal law, developed training programs for the San Francisco Police Department and San Mateo County Police Academy, and worked at the San Francisco Public Defender’s Office. He offers perspective on the killing of Oscar Grant III by a BART police officer on New Year’s Day.
What degree of murder will the D.A. charge Johannes Mehserle with? It’s hard to say without all the evidence. It all depends on intent. I guess pulling the gun out is intentional, but I don’t know if he consciously decided to pull the trigger. There have been rumors that he thought it was his Taser gun, but Taser guns have a different feel than a handgun. The D.A. can always go back and lower the charges after an interview.
What will a jury have to decide in this case? The mystery is, what was his state of mind? That’s difficult to tell, because only he truly knows and he hasn’t said anything yet. You have to look at his life, his background. You have to look at what he said before and after the incident.
Will a jury be sympathetic? Who knows? This is a tragic and sad incident. The officer is 27 years old and his life is pretty much over because of a tragic mistake. I wouldn’t be surprised if the defense lawyer wants to take this case to another county. People have a good feeling about cops. They are the protectors of society.
How is this case unique from other police shootings? Video evidence is what makes this case so different. A lot of people in Oakland have been saying things are out of control, racially and with the police. And then you have this video, which is being watched by hundreds of thousands of people on YouTube. I’ve never seen anything like it.
