09/13/2009

Former BART officer to stand trial on murder charge

By Paul T. Rosynsky
Oakland Tribune

OAKLAND, Calif. — Former BART police Officer Johannes Mehserle will have to stand before a jury on a murder charge, a judge ruled Thursday, rejecting arguments from Mehserle's attorney that a previous judge erred when ruling that enough evidence was presented to push the case to a full trial.

"For purposes of the preliminary hearing, the question is whether a strong suspicion of guilt exists, not whether all doubt as to guilt is eliminated," wrote Alameda County Superior Court Judge Thomas Reardon. "The magistrate's factual finding that defendant knowingly fired his gun is supported by the evidence presented."

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