Filed under: News, Race and Civil Rights
As they anxiously waited in a Los Angeles courtroom on Friday, Oscar Grant's family was finally granted some small measure of justice. After being sentenced to two insignificant years behind bars for murdering Grant on an Oakland subway platform, a judge denied the bail request of former BART officer Johannes Mehserle.
While on the surface, the decision may seem as if the severity of Mehserle's crime is finally being recognized, it is little more than a salve to a public disgusted with the continued inequality of the judicial system -- especially when it comes to the murder of unarmed black men by white police officers.
Why? Because with the possibility of Mehserle being released with credit for time served in 7 or 8 months, he will still be home in the bosom of his family before his appeal is heard.
One would think that Mehserle would accept his punishment, but apparently that's too much like right. Defense attorney Michael Rains said his client was disappointed with the judge's decision and an appeal will be filed next week.
"He was resigned to the fact that he's going to serve out the rest of his sentence in custody somewhere," Rains said. "He has been grateful, and remains grateful that we came to Los Angeles for this case, that we came to Judge Perry's court for this case and that he feels he got a fair trial."
But then he realized that this verdict was much larger than himself. According to his attorney, Mehserle now feels that it is his civic duty to ensure that no other officers are faced with this stern punishment for a "mistake."
"It may send a signal to other district attorneys in this county or in this state that it's OK to prosecute a police officer for making this kind of mistake," Rains said.
Perry agreed with Rains that if Mehserle was released he wouldn't be a flight risk nor would he be a threat to the public. However, he is also certain that his decision would not be overturned.
"The overriding issue in this case was that the defendant acted in a grossly negligent manner," Perry said. "The verdict is fully supported by the evidence and is unlikely to be disturbed on appeal."
Even with this statement, the judge's stance is ambiguous. Because while he makes clear that he considers Mehserle "negligent", he softens that blow by revealing that he does not consider him to be a flight risk.
Not surprisingly, that is a blatant contradiction to the facts presented after Mehserle was apprehended on a fugitive warrant in Lake Tahoe, Nevada -- where he fled during the initial investigation into Grant's murder. Judge Morris Jacobson called Mehserle a "danger to society" with a "character flaw" and a "clear propensity for violence."
Jacobson also voiced his skepticism that Mehserle could be trusted "about any promises he would make to return to this court" if bail was granted.
But in the great nation of America, no legal maneuvering is too difficult for a white officer, and Mehserle knows it.
In a tearful statement during his sentencing, Mehserle said that he was extremely repentant for his actions, and he apologized to the Grant family for their loss. Yet this didn't stop him from winking at his parents in the presence of Grant's mother as he was escorted away by deputies after the hearing.
Yes, it is true that bail was denied, but this decision is like scraps to a stray dog. It's the judicial system's way of saying it feels sorry for the Grant family, and is weary of public rancor; so it will offer just enough to appease the people, sending them home to lick their wounds instead of standing outside growling with picket signs.
In short: It is an insult to suggest that this is anything more than a carefully designed strategy to contain public anger, with the ultimate goal being Johannes Mehserle home in 7 months or less for the murder of an unarmed black man.
They should have just given him probation like they wanted to, instead of this prolonged farce that causes the family of Oscar Grant more pain than comfort. Some observers may applaud the judicial system for their refusal to grant Mehserle bail. However, I simply say, "Well played."