MISTRIAL POSSIBLE IN MEHSERLE TRIAL AS MORE JURORS EXCUSED

Deliberations begin anew as alternate juror pool shrinks

July 7, 210
By Blogonaut

UDATED AT 1:38 PM (Scroll down)

The jury in the Johannes Mehserle murder trial will start deliberations all over today with an alternate juror in place after one juror called in sick (but is expected to return today) and another leaves for vacation.

The vacation was anticipated, but the illness delayed deliberations until today when the sick juror is expected to return to court. As a result, the jury failed to deliberate yesterday as originally planned by the court.

In addition, because the vacationing juror has been replaced with an alternate, by law the judge must instruct the jury this morning to start their deliberations over.

But a new potential problem looms for a verdict in this case should deliberations drag on: There are only two alternate jurors left who can replace jurors who are excused from the jury due to illness or other reasons. Therefore, if three more jurors are excused from the jury, the court would be required to declare a mistrial unless the defense agrees to proceed with 11 jurors instead of the twelve mandated by the California Constitution.

The former BART officer is on trial for shooting Oscar Grant III to death on New Year's Eve 2009 at the Fruitvale BART station. Mehserle doesn't deny shooting Grant, but he says he meant to tase Grant, not shoot him, as Grant lay face down on the ground.

The jury has four possible verdicts:

1. Not guilty;

2. Second-degree murder (intentional killing with malice but without premeditation);

3. Voluntary manslaughter (“imperfect self defense” i.e. an unreasonable but honest belief by Mehserle that his life was in danger);

4. Involuntary manslaughter (the officer killed Grant out of criminal negligence).

It seems to us that the fourth option is the most likely outcome, given Mehserle’s expression of surprise captured on video when he shot Grant as well as his apparent negligence in mistaking his taser for his service weapon, his lack of motive, and the former officer’s emotionality on the witness stand, but anything is possible in a jury trial—including no verdict at all.

If 12 jurors are unable to unanimously agree on a verdict or more than two additional jurors are excused from the jury, a mistrial will be declared, and the entire case would have to be repeated in front of a new jury.

UPDATE: The jury is now composed of four white females, three white males, three Hispanic women, one Asian-American woman and one male who declined to state ethnicity.

READ MORE: Mehserle trial jury to only deliberate for two hours today due to juror's doctor's appointment (SJ Mercury News)

FURTHER UPDATE: Following juror's question about "provocation" deliberations end for the day.

READ MORE: Deliberations end for day in transit shooting case (kcba.com)