Attorney seeks retrial in BART shooting case

SAN FRANCISCO - The attorney representing a white former San Francisco Bay Area rapid transit officer convicted of fatally shooting an unarmed black passenger is asking a Los Angeles judge for a new trial.

Defense lawyer Michael Rains said in a 134-page filing Friday that Johannes Mehserle's involuntary manslaughter conviction should be overturned because jurors did not hear a similar case involving a Kentucky officer who mistook his gun for a Taser.

Rains also says Los Angeles County Superior Court Judge Robert Perry erred in his instructions to the jury and that Mehserle's gun enhancement conviction should be overturned.

A jury convicted Mehserle in July for the 2009 New Year's Day shooting death of Oscar Grant on an Oakland train platform.

His trial was moved to Los Angeles amid concerns whether an impartial jury could be found in Alameda County.

Copyright 2010 The Associated Press.

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