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How much should you charge for a photograph?Oscar Grant Snapped A Final Photo Of Cop Who Killed Him
The Oscar Grant story was one of the first stories to put Photography is Not a Crime on the national radar.
There were a couple of big stories before that, including the Scott Conover story and the Duane Kerzic story, which ended up being covered on The Colbert Report.
And before those there was the one of me getting convicted for resisting arrest, which was the first time PINAC went viral (I ended up reversing it on appeal acting as my own lawyer).
But none of those stories had the impact of the Oscar Grant story, especially since PINAC was one of the first sites to show the second, much clearer -and still shocking - video to the nation.
Even though I followed the Grant story for almost a month until after Johannes Mehserle’s arrest, I had not until this week seen the last photo Grant took of Mehserle, before the Bay Area Rapid Transit cop shot him in the back.
After all, we were all focusing on the video that clearly showed Grant was not resisting when he was shot.
This week, Photography Prison posted the cell phone photo Grant snapped of Mehserle before his death.
The above photo, which appears to show Mehserle holding a Taser gun in his right hand, was used as evidence against him during his trial.
It was used by prosecution to show two things: 1. that he [Mehserle] knew his Taser from his gun, that he had actually taken out his Taser twice, that he knew full well between the two weapons. 2. That Oscar was being abused and was concerned about it.
Grant snapped the photo while being detained by Mehserle, sitting against the wall with other detainees. He called his ex-girlfriend and told her he was being abused by Mehserles. Then sent her the picture.
Mehserle ended up convicted for involuntary manslaughter and was sentenced to two years in prison. He was released this month after serving 11 months.
If there is any lesson we learned from this story, it’s that we shall never leave home without a camera.
Below are the links from oldest to newest of my Oscar Grant coverage.
http://www.pixiq.com/article/bart-police-shoot-unarmed-man-caught-on-citizen-video
http://www.pixiq.com/article/could-a-taser-gun-be-so-easily-confused-for-a-firearm
http://www.pixiq.com/article/slow-motion-video-of-bart-shooting-video-shows-more-details
http://www.pixiq.com/article/was-bart-police-officer-johannes-mehserle-even-carrying-a-taser-gun
http://www.pixiq.com/article/bart-cop-arrested-on-fugitive-warrant
http://www.pixiq.com/article/bart-cop-shooting-not-just-another-case-of-racial-profiling
http://www.pixiq.com/article/do-police-have-the-right-to-confiscate-your-camera
http://www.pixiq.com/article/new-video-emerges-showing-bart-officer-punching-oscar-grant
Comments
11 months for killing someone. I thought the going rate was 20 to life, must have confused murder with drug possession in california.
I think your confusing murder with manslaughter.
imagine the roles reversed and tell me it's manslaughter. involuntary manslaughter, no less! "Whoops I killed someone"
Please.
genewitch:
truer words have never been spoken.
[justice for all or it is not justice at all!]
[when anyone has the power to kill another human being, and abuses that power, in any way shape or form! what standard does that go to? Is it ever within common law to murder someone, and get away with it because this person has a perfect career of 35yrs on the force? And, has a family, 4 kids and a wife! And, has 10 grand kids and three great-grand kids!!!
and the person murdered was someone that happened to be "homeless"!!! what then? what is the position of those scales then?
I can't really tell if you're being serious here. If you are, it's the biggest load of horseshit ever. Just because someone is homeless doesn't mean he is worth less. He was killed. in plain sight, on camera, by another person, while in restraints, face down on the ground.
I don't care who did the shooting, how many crying kids he has back home, or how much his wife is going to miss him. It's murder.
If anyone else pulls a gun and shoots someone who is not posing any threat to them it sure as hell is going to be a longer sentence than 11 months. Mistake or not, you don't get to "whoops my bad" a KILLING.
i am very fucking serious, [I am talking at least in part], about how fellow cops that witness this SHIT, and what they run in their heads as to what they are going to do!!!
come forth or let it happen! there may be a lot of those piggies out there that kill people and get away with it, there are many more that keep it a secret, and/or even attempt to try and hide it from the sunshine!
AND just how much of this SHIT is going to happen, until WE say!
ENOUGH IS ENOUGH, WE ARE NOT GOING TO TAKE ANYMORE OF THIS SHIT, AND DO WHATEVER IT TAKES TO STOP IT!
genewitch: if you read all that i had said, i also quoted another here had said, please go back and read again! we are on the same page, this shit is disgusting and really needs to stop! as I said, even in COMMON LAW murder is illegal for all!
{truer words have never been spoken, I am agreeing with you as much as anyone can!}
{ [justice for all or it is not justice at all!] I thought this speaks for itself but, what this means is that if justice is not for all, you cannot really call it justice, can you?}
{where is the standard when there are parts of a society[COPS] that almost all the time gets away with MURDER...etc, and when the standard for NONcops seems to be higher and the penalty more severe!!!}
{i said "homeless" because it seems to me that someone that is homeless seems to be less important and has less rights then anyone else, and that there are some in our society that really believes this SHIT! a human is a human and worth no more or less then any other human being, no matter what they either have or have not, i think.} AND MURDER IS MURDER NO MATTER WHO PULLED THE TRIGGER!!!
The police arrested him and he was tried for murder. A jury heard the evidence and found him not guilty. I'm not sure but I would be willing to bet everything I own that not one cop was on the jury. I guess your only a believer in the constitution and due process and all that only when it benefits you.
BART you can and may, and I am sure, say anything you want! there is no justice here! that is plain & simple, and in words that even you with your small brain can understand. you may not agree but you understand what those words mean, i would hope! I will never agree to disagree with the likes of you. you disgust me like this case disgusts me! 11months for MURDER is disgusting no matter who pulled the trigger! i said that and ill say it again. you can claim anything you want about the JURY! I happen to know first hand about jurys in the USA! {fact is-the judicial system in the USA sucks! simple again for you too understand, but i doubt your kind will ever understand!!!}
fact again is most in the USA do not and never will understand how the system in the USA was suppose to work. and its this way: many guilty are to be found not guilty, and perhaps not even charged, before one that is truly innocent is put behind bars [let alone arrested], or killed by the STATE! I have attempted to not waste my time with the likes of you, and i will try again!!!
THIS WAS I THINK FOR YOU BART>>>>
I hope you dont mind, i wanted to be sure that HE didnt miss this! ["The jury also found Mehserle guilty of a gun enhancement charge that could add up to ten years to his prison sentence, make him ineligible for probation, and force him to serve 85 percent of his sentence as opposed to the 50 percent most state prisoners serve.
READ THAT? OK
The judge overturned the gun enhancement, which could have added an additional 3 to 10 years to the sentence.
Oh, what? double time served and a reduction of sentence that was determined to be the right one by a jury of his peers. Weird.
Oh wait!
"It is alleged that six of the jury have law enforcement connections. Grant's family expressed outrage at the absence of blacks in the jury"
Hmmm, looks like that person ^ up there was totally off base! The trial even took place in Los Angeles..."]
And their weren't any blacks on the jury either. Instead of making an ASSumption about the jury selection to defend your viewpoint do a simple Google search to learn the facts. More important, it was the judge (who has a history of going easy on bad cops),who gave Mehserle the lightest sentence possible. And then the murderer gets out early. Some justice ststem.
i agree happy tinfoil cat, the only justice is going to be the justice we demand as non-cops!!! if it ends up being the end of a gun, who is to say. there is no justice when anyone, gets off a crime like that when it was clearly murder! however anyone would try to twist it, murder is what it was, maybe not planned but murder just the same!
so we have camera's, and they have guns and camera's. it seems that the sytem will allow those with badges to have a license to kill! if this was not true, this "person" would have been in jail for a shit load more time then that!
forget the sheeple, they are a total waste and not worth my time for any purpose, will the ones that are left allow this to continue? only time will tell!
The Children,friends,neighbors,clergy,and all of his family should see this,and I would make it known all over town what kind of puss sucking bastard Johannes Mehserle is.I would post pictures of him everywhere.He would never be welcome in my neighborhood again.I would egg his house.I would egg him.I would toilet paper his car,house,every damn thing.
Cops such as Johannes Mehserle are showing up all over America like cock roaches in a gutter..pure slime,and so are their Mothers.
People get longer sentences for killing dogs, but when you're a cop it's a license to kill in all circumstances. You should see the policeone.com comments regarding Oscar Grant. Almost all of them say the city should not have paid out a settlement so excessive. That Oscar Grant never would have made near that amount in his life time.
They justify his killing by his previous arrest record. As if their existence is so much better and they contribute so much to society.
That's how cops view the citizenry. As cattle to be slaughtered at their whim.
and its not the killing of the dog, [the law says dogs are property of the owner], its the cruelty to animals, aint MURDER of any human also cruelty of a sort, at least? wtf?
"license to kill" I am also getting to believe that is where we are right now!!! and if THEY have a license to kill, where the fuck do we go from here?
{having a badge means your now 007 or some shit like that?}
"put that camera down, and step back! SIR!!! do it now or i will blow your ass away."
Just how interesting is this?
Reported on Injustice Everywhere today:
http://www.itworld.com/security/177409/lulzsec-docs-show-ariz-cops-unhea...
I'm not a big fan of script kiddies, but even a blind squirrel finds a nut every once in a while.
The jury also found Mehserle guilty of a gun enhancement charge that could add up to ten years to his prison sentence, make him ineligible for probation, and force him to serve 85 percent of his sentence as opposed to the 50 percent most state prisoners serve.
READ THAT? OK
The judge overturned the gun enhancement, which could have added an additional 3 to 10 years to the sentence.
Oh, what? double time served and a reduction of sentence that was determined to be the right one by a jury of his peers. Weird.
Oh wait!
"It is alleged that six of the jury have law enforcement connections. Grant's family expressed outrage at the absence of blacks in the jury"
Hmmm, looks like that person ^ up there was totally off base! The trial even took place in Los Angeles...
The judge had no choice but to dismiss it because the jury found he did not intentionally shoot him with a gun. You have to have intent. .
"Perry dismissed that finding when he sentenced him on Nov. 5, saying it was unreasonable to conclude that Mehserle intentionally used his gun."
The DA didn't challenge the judge's ruling because they know it was the right ruling.
The trial took place in Los Angeles because he has a right to a fair trial, or don't cops get that right? Casey Anthony's trial was moved, why are you not upset about that.
"After the seven days of testimony, Judge C. Don Clay concluded that Mehserle had not mistakenly used his service pistol instead of his stun gun. The judge based this on Mehserle's statements to other officers that he thought Grant had a gun. He also noted that Mehserle had held his weapon with both hands when he was trained to use just his left if he was firing a Taser."
Bart, you really should check on stuff. My point was, the Judge and the D.A. and the police all get paid by the same people. This other judge determined that the officer did NOT mistakenly use his service pistol, after 7 days.
The JURY decided that since the evidence pointed at the gun being integral to the crime, it should have that provision for sentencing.
I get that you're kind of a cop apologist here, but when the facts disagree with you you can't cherry pick the one point you can find one sentence about and pretend you've answered all valid points.
This thread has become stupid. The cop was found guilty and we still have apologists commenting. No JLaw, though, oddly. Bart, you're not his brother, are you?
I can hear people on the train screaming inappropriately, what where the "suspects" being detained saying to the officers?
The behavior, and outright interference, by the screamers, did not help Oscar, or the police. In fact, you rude, thoughtless idiots, causing distractions, contributed to the situation in a bad way. You behaved like were watching a circus act.
It's too bad Oscar was executed like he was, and the officer not punished appropriately. The effort to get Meserleh off in such a short time is very short-sighted, and reflects bad on law enforcement and the judicial system.
Repeated incidents by law enforcement such as this will eventually undermine the legitimacy of law enforcement. The mistrust will spread farther, and wider, and we will end up being a police state, which seems to meet the expectations and objectives of many.
I feel very sorry for Oscar, and his family. I also realize it could have been me.
"After the seven days of testimony, Judge C. Don Clay concluded that Mehserle
had not mistakenly used his service pistol instead of his stun gun. The judge
based this on Mehserle's statements to other officers that he thought Grant
had a gun. He also noted that Mehserle had held his weapon with both hands
when he was trained to use just his left if he was firing a Taser."
Bart, you really should check on stuff. My point was, the Judge and the D.A.
and the police all get paid by the same people. This other judge determined
that the officer did NOT mistakenly use his service pistol, after 7 days.
The JURY decided that since the evidence pointed at the gun being integral to
the crime, it should have that provision for sentencing.
I am not trained in the law, and I only know what I have heard from soundbites on the news, and I don't remember hearing what you've presented in quotes. What is your source?
If the above is from the court-records, can the family appeal the criminal trial at a higher level, like the federal level (I really am not sure if he could get a fair trial then either). I wonder if they plan to pursue a civil suit. I can't even remember what he got, was it even involuntary manslaughter? I am not good with the details. The government seems to be operating "differently" under the US Patriot Act, and the threat of economic collapse. There are definitely some rogue elements in law enforcement these days that "do what they want..." to serve themselves at the expense of people they determine to be outsiders.
11 months doesn't seem right. It will probably take me just as long to resolve a ticket I just got.
Again, I am very sorry about Oscar, and his family.
The jury found that he didn't intentionally shoot Oscar Grant with his pistol. They believed the defense that he thought he was tazering him. Since they found it was accidental they couldn't found him guilty of the gun enhancement because that required intent to use a firearm.
I remember when the verdict came out, all of the legal analyst were saying the defense will be able to get the gun enhancement charge thrown out for that reason. They believed the jury was confused about that charge. It wasn't a surprise when the judge threw it out, it was expected.
The video in this case probably saved him from a murder conviction. I am happy those people videotaped this incident. I will say if all of those bystanders acted like civilized human beings instead of adding to the chaos he may never have been shot in the first place.
Now you're just making shit up to explain what you want to be true. The jury had multiple charges to convict on, and they chose manslaughter rather than murder 2 or acquittal. They also convicted him of a gun crime. The judge (not the defense, the defense can't do anything about what the jury says) took that part of the sentence away. We can go in circles all day, as another comment mentioned, it takes longer to resolve some traffic tickets. Legal analysts aren't the judge and jury. They also aren't the prosecution. If the prosecution felt that the gun charge would have been to heavy a punishment, why was the jury told to consider murder two? Or did you forget that part too? Are you also forgetting that there's a PICTURE of the officer holding his taser PRIOR to putting it away and PULLING A GUN at the top of this article?
To answer an earlier question: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/06/04/MNRA18125K.DTL
"There's no doubt in my mind," Clay said at the close of the former officer's preliminary hearing in Oakland, "that Mr. Mehserle intended to shoot Oscar Grant with a gun and not a Taser."
yes it does take longer to deal with traffic infractions, I cannot say what i feel in my gut right now from that story alone, let alone some others!
those kind of people, like bart and JL, that do what HE is doing to you and all others that speak the truth. He, and his kind, cant deal with the truth. and they will never be able to!
the system has to be scrapped i think, it doesnt work like this case shows! The judges act like they own the court they rule in and over, and it was never meant to be that way! like the COPS, judges do what it takes to protect a paycheck!
[from what i have heard and seen and know from dealing with COPS! this "person" knew he had a gun in his hand and not a "Taser".] Although he may not have gotten up that morning and had in his mind, i am going to kill someone today! 11 months is disgusting and there is no getting around that by anyone!
"Bart" said in part.. (it even rhymes).
"I am happy those people videotaped this incident."
Of course you're happy, because your thin blue line Cop buddy got away murdering a innocent person.. and only had to spend 11 months for it.
And you wonder why Cops are hated so much!
Rail Car Fan
Yes the prosecution wanted murder two but they didn't get it. If they found him guilty of murder two than the gun charge would have stuck. Why do you think the prosecution didn't challenge the judges ruling? You can't have a gun enhancement when you find he didn't intentionally use a gun.
It would be like being found not guilty of armed robbery but being found guilty of using a gun in the commission of a crime. If your not guilty of the robbery how can you be guilty of using a firearm during that robbery.
Even if the judge believed personally that he intentionally shot him he has to do what is legal. Explain to me why the prosecution, who wanted him to go to prison for murder, didn't challenge the ruling?
So your saying if an officer pulls out a taser he can't holster it and pull it out a second time? Once he holsters it he can only pull out a gun?
Rail said "Of course you're happy, because your thin blue line Cop buddy got away murdering a innocent person.. and only had to spend 11 months for it."
So you are agreeing with me that the video evidence is what got him off of the murder charge. You would want that evidence withheld because it is exculpatory? That makes you no better than the cops you hate so much.
Don't blame the cops for him getting off, blame your fellow photographers because without their evidence he would be in jail for murder.
"Don't blame the cops for him getting off, blame your fellow photographers because without their evidence he would be in jail for murder."
That's bullshit Bart. The video evidence shows an execution. The prosecution, defense, and judge shoveled this under the rug to protect the department. If this cop doesn't know the difference between the way a Taser feels, and the way a Glock feels, he shouldn't have been allowed on the force to begin with but I seriously doubt that was the case. I find it very hard to believe the defense that he just made a mistake.
Rance, we will never agree on whether or not he did it on purpose or by accident. I think it was an accident.
Do you at least agree with me that if not for the video he probably would have been convicted of murder? The video is what got him off?
No Bart, I do not agree with that. In my opinion the video should have earned him 15 years to life. I stand by my belief that the Judge and prosecution of this case did everything they could to mitigate his punishment and save face for the department, rather than seeking justice.
If not for the video he probably never would have gone to court, would have said he saw a gun, they would have found one on him, and that would have been that.
So the cops have the prosecution and judges sucked into their blue wall beliefs.
Even without the tape you think the jury still would have found him not guilty of murder? Fear enough, I have no reason to think you are being dishonest about that.
Hey here is a possible theory, maybe the judge was secretly hypnotizing the jury while he was on the bench to get them to say not guilty to murder.
Bart, do you know how a gun feels in your hand?
Do you know how a taser feels in your hand?
They feel completely different from one another. They don't weigh the same, they fit the hand differently, feel different... It's a moot point because the case is over and done with, but sarcasm aside I believe they made the wrong decision and let a murderer off with a slap on the wrist.
When is the last time you picked up a taser?
Rance, just curious do you think the video had any impact on the jury's verdict?
About 2 months ago at a gun show. Why do you ask? Do you also have problems determining whether you're handling a gun or a taser?
As for your 2nd question, I have no idea.
I never picked up a taser so I can't compare it to a gun.
As for my 2nd question you can't even offer an opinion?
Of course it had to have some bearing on the verdict. What was going through the minds of the jurors I don't know, but if the video didn't exist it would have probably been settled by internal affairs.
If someone is harping in my ear, calling me a b*tch *ss n*gger, m*ther f*cking cracker mf, when I am asking them to have some consideration, like turn the amplified bass down, or to stop resisting arrest, and they raise their voices with these insults, and their buddies are also shouting in my ear, while the on-lookers are yelling, I would probably mistake my cell phone for a taser.
The crowd acted unruly, so did Oscar Grant, and so did the on-lookers. They had EVERYTHING to do with confusing the officer, because of their behavior. Especially, that buddy of his, talking in the officer's ear.
You don't get to cause something to happen, and then be the victim of it.
This is another case of gaming the system, and taking advantage of someone elses mistake for all it's worth (3 million and counting?), after causing the problems. They were fighting on the BART train, and then they confused the Officer. The family doesn't deserve money for their son's bad behavior.
If someone is harping in my ear, calling me a b*tch *ss n*gger, m*ther f*cking cracker mf, when I am asking them to have some consideration, like turn the amplified bass down, or to stop resisting arrest, and they raise their voices with these insults, and their buddies are also shouting in my ear, while the on-lookers are yelling, I would probably mistake my cell phone for a taser.
The crowd acted unruly, so did Oscar Grant, and so did the on-lookers. They had EVERYTHING to do with confusing the officer, because of their behavior. Especially, that buddy of his, talking in the officer's ear.
You don't get to cause something to happen, and then be the victim of it.
This is another case of gaming the system, and taking advantage of someone elses mistake for all it's worth (3 million and counting?), after causing the problems. They were fighting on the BART train, and then they confused the Officer. The family doesn't deserve money for their son's bad behavior.
I feel sorry for Oscar Grant and his mother, especially, on a personal level, but no one is taking accountabilty for their unruly behavior, that would have lead me to mistake my CELL PHONE for a taser, if you pissed me off enough.
If someone is harping in my ear, calling me a b*tch *ss n*gger, m*ther f*cking cracker mf, when I am asking them to have some consideration, like turn the amplified bass down, or to stop resisting arrest, and they raise their voices with these insults, and their buddies are also shouting in my ear, while the on-lookers are yelling, I would probably mistake my cell phone for a taser.
The crowd acted unruly, so did Oscar Grant, and so did the on-lookers. They had EVERYTHING to do with confusing the officer, because of their behavior. Especially, that buddy of his, talking in the officer's ear.
You don't get to cause something to happen, and then be the victim of it.
This is another case of gaming the system, and taking advantage of someone elses mistake for all it's worth (3 million and counting?), after causing the problems. They were fighting on the BART train, and then they confused the Officer. The family doesn't deserve money for their son's bad behavior.
I feel sorry for Oscar Grant and his mother, especially, on a personal level, but no one is taking accountabilty for their unruly behavior, that would have lead me to mistake my CELL PHONE for a taser, if you pissed me off enough.
You are 100% right
They settled for a cash payment today.
Posted on Injustice Everywhere:
http://www.injusticeeverywhere.com/
BART CA settled a portion of a lawsuit for $1.3mil to the mother of Oscar Grant who was fatally shot in the back while he was restrained on a train station floor by a BART police officer. [0] http://bit.ly/koUlTE
I think all these stories put Larkin Roses article When Should You Shoot A Cop into perspective.
http://www.copblock.org/5475/when-should-you-shoot-a-cop/
This type of lawlessness, a lawlessness that makes a charade of any concept of rule of law or justice. It seems that there would be all sorts of discussions about solutions since the price to pay for doing nothing is so high.
We can continue to do nothing and what WILL happen is that some Americans will get fed up and do what should be done to these cops. (Dispensing justice) This is what the powers that be want and have planned for. Then they will call them terrorists (when just the opposite is true) and the war will be on.
All I can say people is that we need to do something substantial and do it right now before this goes any further down hill. A start would be locking up of thousands of cops for multiple years. But how do we get there?
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