by Dave Id

In the court hearing today regarding defense attorney Michael Rains’ motion to exclude Oscar Grant’s fiancé Sophina Mesa from testifying about Grant’s fear of tasers, it was discussed that Oscar Grant took a photo with his sister’s mobile phone of Johannes Mehserle pointing a taser at him. That photo taken by Grant on Chantay Moore’s mobile phone will be introduced as evidence in the trial.

Mehserle’s taser confusion defense looks a lot less credible if during the two minutes he was on the platform he had pulled out his actual taser, pointed it at Oscar Grant, and put it back in its holster before he then drew his gun and shot Grant in the back.

No one – not the public, family or friends – knew this photo existed before Rains’ motion to exclude Sophina Mesa was opposed by the DA.

Rains lost on three motions today:

The defense motions were 1) to exclude Oscar Grant’s fiance Sophina Mesa from testifying, 2) to deny the prosecution the right to present its own edited version of videos shot on the scene (the defense had already been granted the right to present an edited version of videos and to have its own “expert” interpret that video for the jury) and 3) to exclude the fact that Tony Pirone yelled “bitch ass nigger” at Oscar Grant moments before Mehserle shot him in the back.

Dave Id is a journalist and activist who has thoroughly documented the Justice for Oscar Grant Movement in prolific postings at, where this story first appeared.

Editor’s note: A comment to this story on Indybay begins, “Who would have thought that Oscar himself may help convict his very own killer.”


  1. So I reckon Burris was saving that video for surprise effect later on in the trial ?
    Rains is now shoving his foot in his own ass, big time….

    That discovery is changing the whole profile of the trial ! A great victory for the Faqmily of Oscar, his friends, Poor Youthg of Color, and all of us !

    Oscar prime witness to his own ligitimized assassination… It does not bring himn back. Rest in Glory, lill Brother…

    • The attorney for the grant famlly has to prove intent for First degree murder which will be difficult
      The jury will have to judge the whole thing

  2. Wow, the photo of a taser and gun together –they look almost identical, esp. if you're focusing on the suspect. Yet the caption says, "It's hard to confuse the taser with a gun". Rrright.

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