Rains Lucia Stern St. Phalle & Silver

California's premier full-service law firm with an emphasis on the representation of peace officers in disciplinary, criminal, labor, workers' compensation, personal injury and other civil matters.

  • About Us
  • Practice Areas
    • Labor Representation
    • Civil Litigation
    • Personal Injury
      • Example of Case Results
    • Workers’ Compensation
    • Maritime Law
    • Estate Planning
    • DOE Security Clearance Hearings
    • Peace Officers
    • Firefighters
    • EMS Agency Investigations
    • Criminal Defense
    • CalPERS Appeals
  • Our Team
  • Classes
  • Media
    • Bulletins
    • RLS in the News
  • Resources
    • Links
    • Resources
    • Newsletters
  • Clients
  • Career Opportunities
  • Contact Us
  • Disclaimer

Mehserle trial witness’ surprise admission

June 17, 2010 by David Shirley

From: SF Chronicle

Demian Bulwa

06/17/10

The prosecutor in the murder trial of a former BART police officer who killed an unarmed man called a use-of-force expert to the stand today – a former cop who talked about how officers should stay calm and use as little force as needed when arresting suspects.

But the most memorable part of Sean McCann’s testimony came during cross-examination, when – in response to a question by defense attorney Michael Rains – he said he had once drawn his gun on a suspect during a fight without realizing he had done so.

The exchange was the latest instance in which former Officer Johannes Mehserle’s lawyer has sought to score points with jurors using the prosecution’s witnesses, and underscored the trial’s focus on how police officers’ minds work during stressful situations.

Rains says Mehserle accidentally pulled his service pistol, mistaking it for his Taser, when he shot train rider Oscar Grant during an arrest Jan. 1, 2009. The chaotic scene that night on the Fruitvale Station platform in Oakland, Rains says, helped confuse Mehserle and led to a fatal error.

Prosecutor David Stein says the Taser story is a fabrication, that Mehserle allowed his emotions to cloud his judgment and intended to shoot Grant with his gun. Stein says Mehserle did not even have cause to shock Grant with a Taser, because Grant was prone and not resisting.

McCann was a police officer in Berkeley until 2004 and taught at the Napa police academy where Mehserle trained in 2006. Late one night on patrol in Berkeley, he told Rains, he got into a struggle with an unarmed robbery suspect near University Avenue and ended up drawing his gun.

“You have any memory of drawing your gun?” Rains asked.

“No,” McCann said.

“You have no idea of how that gun got in your hand, do you?” Rains asked.

“No, I don’t,” McCann said.

Stein wasn’t prepared for McCann’s personal account, and sought to minimize any impression it left with jurors. He had McCann detail the whole incident and highlighted how different it was from the BART scenario.

The robbery suspect in Berkeley, McCann said, was 6-foot-5 and 280 pounds and high on crack cocaine. He had beaten an elderly man, and McCann had to confront him alone.

After an exhausting fight that spilled across traffic lanes and into a dark alley, McCann said, he put the suspect in a choke hold with his left arm and said, “It’s over.” Then he looked up to see his pistol in his right hand.

As the trial broke for lunch, the prosecution had just called to the stand former BART police Officer Marysol Domenici. She was the second officer to report to the Fruitvale Station platform in response to a fight on a train, the incident that set in motion the events leading to Grant’s death.

Filed Under: RLS In The News Tagged With: michael-l-rains

Consultation Form

Offices across California to serve you.
Contact us now to schedule a consultation.
Contact form not loading? Click here!
Rains Lucia Stern St. Phalle & Silver, PC publishes this website as a service to our clients and other friends for informational purposes only. It is not intended to be used as a substitute for specific legal advice or opinions, and the transmission of information through this website is not intended to create an attorney-client relationship between sender and receiver. Internet subscribers and online readers should not act upon this information without seeking professional counsel.

© 2023 Rains Lucia Stern St. Phalle & Silver, PC. All Rights Reserved. | Disclaimer

We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept”, you consent to the use of ALL the cookies.
Do not sell my personal information.
Cookie settingsACCEPTREJECT
Privacy & Cookies Policy

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Non-necessary
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
SAVE & ACCEPT
  • Contact Us

  • News Alerts

Official logo for Rains Lucia Stern St. Phalle & Silver
Rains Lucia Stern St. Phalle & Silver Logo
  • About Us
  • Practice Areas
    ▼
    • Labor Representation
    • Civil Litigation
    • Personal Injury
      ▼
      • Example of Case Results
    • Workers’ Compensation
    • Maritime Law
    • Estate Planning
    • DOE Security Clearance Hearings
    • Peace Officers
    • Firefighters
    • EMS Agency Investigations
    • Criminal Defense
    • CalPERS Appeals
  • Our Team
  • Classes
  • Media
    ▼
    • Bulletins
    • RLS in the News
  • Resources
    ▼
    • Links
    • Resources
    • Newsletters
  • Clients
  • Career Opportunities
  • Contact Us
  • Disclaimer
Hotline phone numbers. Northern California: 925-609-1699. Southern California: 310-393-1486.