a jrt of johannes mehserle mailings have been individual letters. johannes mehserle supporters have create add website asking for letters to be sent on his behalf that. website includes an online petition with more than 600 signatures from people asking for johannes mehserle's freedom. >> i think most of the letters that i have seen are from people who say that they don't believe there should be further jail sentence, that this is a case where probation should be given. >> for now johannes mehserle is behind bars. on november 5 the judge could free him or sentence him to up to 14 years in prison. whatever the decision, it is clear almost 23 months after the shooting on that bart platform emotions are still running high. >> there will be -- i would imagine that people will gather and be responsive to it. >> the emotions are going to be extremely high that day. i'm sensing today as we talk and we're still a number of weeks away, that the emotions are ramping up by date as we get closer. >> oakland police say they're watching for any kinds of plans or

mehserle has been convicted of involuntary manslaughter and faces sentencing next week. ktvu reporting rita williams has -- ktvu's reporter rita williams has pursued an interview with mehserle since the beginning. this week they sat in the jailhouse where he told her his story. >> reporter: he used to enforce the law, now he's sitting behind bars accused of breaking the law. for almost four months now an inmate at the los angeles county jail. >> you have a hand? sorry. >> reporter: a self-described jokester, mehserle trying to laugh about the awkwardness of not trying to shake my hand. that was the last time he laughed for the next hour. why did you agree to talk to us. >> over the last several years i haven't had a chance to say anything. and for most of the people that don't know me i know i've been portrayeded differently than who i actually am. >> some people will say, it's for sympathy. >> this is more for the public to see who i am. i'm not asking for any sympathy at all. >> reporter: no subject was off limits. mehserle's attorney reihns sat by, he never interrupte

mehserle has been convicted of involuntary manslaughter and faces sentencing next week. ktvu reporting rita williams has -- ktvu's reporter rita williams has pursued an interview with mehserle since the beginning. this week they sat in the jailhouse where he told her his story. >> reporter: he used to enforce the law, now he's sitting behind bars accused of breaking the law. for almost four months now an inmate at the los angeles county jail. >> you have a hand? sorry. >> reporter: a self-described jokester, mehserle trying to laugh about the awkwardness of not trying to shake my hand. that was the last time he laughed for the next hour. why did you agree to talk to us. >> over the last several years i haven't had a chance to say anything. and for most of the people that don't know me i know i've been portrayeded differently than who i actually am. >> some people will say, it's for sympathy. >> this is more for the public to see who i am. i'm not asking for any sympathy at all. >> reporter: no subject was off limits. mehserle's attorney reihns sat by, he never interrupte

what they have that mehserle's attorney says is so important. >> johannes mehserle's attorney filed a motion for a new trial. he says he has learned a police officer made the same mistake mehserle did and a jury needs to hear about it. jo happhannes mehserle is hipd waiting for sentencing, but his toerp says he should be back in court for a new trial. he filed a motion saying he has new evidence. >> i got that information from taser international. >> he says after a jury found mehserle guilty of involuntary manslaughter for shooting and killing oscar grant, taser international told an expert witness about a mistaken shooting case in kentucky. in 2008, a police lieutenant shot a suspect when he said he meant to use his taser. he was suspended for three weeks without pay and is still a police officer. rein says it's key evidence because the district attorney repeatedly told the jury no other police officer made the same mistake mehserle did, so he must be negligent. the kentucky case challenges that theory. rein says that may change a jury's mind. >> same taser, yellow in color, same we

for a new trial is a case that was nearly similar to mehserle's case. mehserle was found guilty of involuntary manslaughter for shooting in the back and killing oscar grant. jurors rejected a murder conviction agreeing with the defense that mehserle pulled his gun instead of his taser. and now, prosecutors have an officer that is saying the same thing. the kentucky officer was suspended briefly but not charged with a crime. >> the district attorney said, so this has never ever happened before, never in a million times police officers have fired their their tasers it never has. guess what, it has. if one juror would have changed his vote, that is enough to change the trial. >> to have a judge reverse himself, it's very unlikely. >> it's hard but it's not impossible. >> reporter: the attorney representing the family of oscar grant had this response. >> now the jury has decided this case on the evidence that was there, we don't agree with that decision but it's certainly warrant the kind of errors that would justify a new trial. >> reporter: if the judge r

johannes mehserle is attorneys cited several reasons for new trial. first new evidence, specifically a similar case where an officer thought he was pulling his taser one in fact he pulled his revolver. second, and as a least attorney said judge robert parish made errors in his jury instructions. allowing the jury to consider a gunna enhancement if they believe in the johannes mehserle intentionally used a gun and shooting of oscar grant. the fact that the jury did add the gunna enhancement to its verdict could add significant time to a johannes mehserle sentence. >> that time is about 14 years sets a maximum with that gun enhancement. of we can tell you the judge looked at the motion for new trial on november the fifth that's the time of the sentencing hearing. they grant the motion for new trial the will be no sentencing if they decide not to grant the motion for new trial that it's likely johannes mehserle will be sentenced as planned. but oakland city hall dan curman kron 4 news. >> we're joined now by our legal analyst michael cardozo who walked t

mehserle tried to get away with this. >> oscar grant's family attorney says mehserle should be ineligible for probation. >> he's already been given a break with a lesser sentence. >> probation is what mehserle's attorney says his client should get. the attorney included letters of support from mehserle saying he was a victim of poor police training. he'd been in custody more than four months, lost his career, and he's revile bid a community. reigns wrote his release would promote rehabilitation, permi permitting him, sup supporting his family, by working hard talking about the mistake, to do whatever he can to makeup for the tragic error. abc 7's legal analyst says it's unlikely mehserle will get a 14 year sentence. >>> a real possibility twob place mehserle on probation, as a condition of probation to sentence him to april period in county jail. >> mehserle remains in custody in los angeles jail. he will be sentenced in la larks november 5th. >> and there is more still to come tonight. first, a new list of demands and a pledge of debtor security. a nurse was killed by a violent inmate. >

rita williams sat down with johannes mehserle mehserle this week inside of jail. tomorrow night, for the first time, you will hear from johannes mehserle on the shooting and what he thinks should happen at next week's sentencing. our exclusive report airs tomorrow night on the 10:00 news on ktvu channel 2. >>> a state prison official accused of selling drugs to prison inmates is behind bars in santa clara county. undercover officers arrested 38- year-old sergio nugella in gilroy yesterday. he was allegedly picking up cell phones and drugs for the inmates. police say he was also getting $2500 for his services. he's being held on $130,000 bail. >>> san jose police are searching for the men who robbed two marijuana dispensaries at gunpoint. surveillance video shows them robbing the store. cash and marijuana were also taken from the dispensary. they believe the same two men robbed another san jose dispensary on september 18th. >>> a two-alarm fire in the south bay did considerable damage to a business. the fire was reported about 3:15 this morning at the corner of eas

and you can watch more of the mehserle exclusive interview tonight on the 10:00 news. mehserle explains how he mistook his gun for a taser and what he would say to grant's family if he had the opportunity? >>> the apparent explosive materials were on packages on board a plane. one was intercepted in dubai one in england. both were being sent to two synagogues in new york. >> i've also directed that we spare no effort in investigating the origins of these suspicious packages. >> reporter: no explosives were found here in the united states, but security has been increased for cargo and passenger flights while al- qaida has not been blamed in this incident, the group is active in yemen. >>> on the bay bridge tonight, construction ewes had finished stacking -- construction crews had finished stacking two of the huge the towers that will finish making the span of the new by bay bridge. right now the tower is more than 200 feet high. when all five pieces are in place in the coming months it'll be more than 500 feet high. those columns will eventually hold the suspension part

reason mehserle's attorney has grounds for a new trial is a case that was nearly similar to mehserle's case. mehserle was found guilty of involuntary manslaughter for shooting in the back and killing oscar grant. jurors rejected a murder conviction agreeing with the defense that mehserle pulled his gun instead of his taser. and now, prosecutors have an officer that is saying the same thing. the kentucky officer was suspended briefly but not charged with a crime. >> the district attorney said, so this has never ever happened before, never in a million times police officers have fired their their tasers it never has. guess what, it has. if one juror would have changed his vote, that is enough to change the trial. >> to have a judge reverse himself, it's very unlikely. >> it's hard but it's not impossible. >> reporter: the attorney representing the family of oscar grant had this response. >> now the jury has decided this case on the evidence that was there, we don't agree with that decision but it's certainly warrant the kind of errors that would justify a new trial. >> reporter: if the j

oscar grant's relatives tell us what they plan to say to the judge and johannes mehserle. >> complete bay area news coverage starts right now. this is bay area news at 7:00. >> good evening. it is wednesday, october 27. i am gasia mikaelian, and this is bay area news at 7:00. >>> student a hayward high school are in shock today after learning about the death of one classmate in the rest of another. as maureen naylor reports the students are twin brothers. >> reporter: the event started unraveling yesterday when one of the twins broke into this home in the fairview district. the teenager tried to ignite the house by turning on the gas and came outside armed with knives intimated been shot but was instead tasered. it during the investigation they learned that the boy's twin brother was missing and search crews found his body in this ravine. the boy had stab wounds and was taken to the corner sophistry investigators are looking at two scenarios. >> at this point we are trying to determine whether this was a suicide by the brother and attempted suicide by the other brother or the brother

mehserle says he thinks the jurors got it wrong. he's been portrayed differently from who he really is. >> reporter: some people see you as a racist. are you? >> no, ma'am. >> reporter: a cold-blooded killer? >> no, ma'am. i'm peaceful by my own nature. >> that is not the image some have after watching cell phone video. it shows mehserle firing a single shot into oscar grant's back as grant lay face down on a platform at the fruit vail bart station. >> reporter: how do you live with that? >> i know it wasn't intentional. you know it wasn't about the decision i made wasn't to shoot him. i know that. >> mehserle says when he realized he had shot grant with his gun he was in disbelief. he said he tried to calm grant down and apply pressure to the gunshot wound. when grant starletted to lose consciousness mehserle said he played that grant would be okay. rita williams exclusive interview with johannes mehserle last the an hour. if you want to learn more about that interview rita will join us this morning. >>> time now 6:27. it has been

. >> see the evidence that could change mehserle's fate. we will let you nch if the former bart police officer could get a new trial this tuesday october 5th today in the east bay. >> good morning, everyone. it's 4:30. changes ahead in the forecast. >> some of those changes may include the need to have an umbrella and maybe around the east bay hills. oakland not a bad start and 58 degrees. look at the satellite and radar and thundershowers across the sierra. now the upper level low across the nevada, california border that will drift back into the central valley that means the east bay hilltops and may see a few showers later on. continuing the cool weather we saw yesterday and not quite as cold as places like san jose. low 70s for the afternoon around richmond and the inner east bay. upper 60s to near 70 no, sir oakland and around concord and pittsburgh. the seven-day forecast between now and early thursday, a chance of showers and probably the best bet will be wednesday and in the weekend, we warm up to near 80 inland. >> thank you. mike

mehserle almost spends 24 hours a day in a single cell. knows he's marked for death. >> i don't worry about myself. i'm sure my family probably. i know they worry about me. but i worry about them. >> reporter: he says he worries most about his son born the day after the former bart police officer says he accidentally fired his gun instead of his taser and killed oscar grant. the baby was two weeks premature. >> one moment you're holding your son and -- and you're happy but then the next you're in tears. >> reporter: mehserle says after he realized he had shot grant new year's morning last year, grant's friends yelled at grant was the father of a little girl. >> i started thinking about, thinking about my son that wasn't born yet. why it happened? i don't know. >> reporter: do you know today why it happened? >> i think only god knows why, i don't know. >> reporter: mehserle says for six months before the shooting he had been working lots of overtime to save money to buy a house. as he left to work, a doctor ordered bedrest for his pregnant

mehserle could be sentenced to as many as 14 years in prison to as little as probation. people are stepping up efforts to influence the judge as claudine wong reports. >> it has been more than three months since protests erupted in the johannes mehserle trial and as the approach sentencings both sides are hoping to sway the judge when he is trying to determine if mehserle should spend time behind bars. >> please show this young man and family some justice. >> reporter: this man read from more than the 1,000 letters and postcards that he is packing them up today to send them to the court. >> a lot of students and community individuals, church groups, church members and community groups. all of them have expressed an interest. >> reporter: there are dozens of letters in the hands of judge robert perry. according to the latest numbers given to ktvu by the los angeles county court there have been 76,000 letters and postcards. the court says it appears that most of the grant mailings so far have been part of a coordinated effort on behalf of of oscar grant family and a majori

prosecutors are seeking prison time, the attorney for mehserle says mehserle should not be sent to prison. now the former bart police officer faces a maximum of four years in prison on the involuntary manslaughter conviction and up to ten years for use of a gun. mehserle's defense attorney is seeking to have the gun conviction thrown out and is asking for a new trial. mike reihns told me yesterday that if this was not such a high profile case, person with mehserle's background would only be getting a light sentence. they did not specify for how long. the los angeles county jury that convicted him determined that mehserle did not intend to kill grant but was criminally negligent when he fired his gun instead of his taser. for the first time you're going to hear from mehserle himself. he tells us about the shooting and what he feels should happen. and he talks about his victim, oscar grant. i conducted an hour long interview yesterday in jail. that series of exclusive ktvu reports will begin here thursday night on the 10:00 news. reporting from the newsroom, i'm rita williams, ktvu channel

rita's interview with mehserle lasted about an hour. if you want to hear more about the interview, rita williams will be here live in about an hour and she will have different excerpts on the 5:00 and 10:00 news tonight. >>> 7:18. four protesters who took to streets after the mess verdict are facing charges. oakland's city attorney filed a civil lawsuit yesterday. police say darryl dugas of castro valley and terry williams stole jewelry from a store. the lawsuit names raquel sharp and paul rasol of oakland. the city attorney says he wants to send a message as the mehserle sentencing date approaches. >>> this afternoon, there will be a ceremony dedicate the b.a.r.t.'s office of the new independent audi -- auditor. sandre swanson will be recognized for his work for this event. >>> the presidential panel looking into the huge oil disaster in the gulf issued its first finding, indicating halliburton should have known the cement mixed used in that well was not strong enough. the panel says that of the four tests done by halliburton before th

a boat owned by mehserle's father had a sign that said "free johannes mehserle." no major disruptions are expected because the port authority did have enough notice to adjust the schedules accordingly. kris sanchez, today in the bay. >>> good morning to you, rob. >> let's take a look at temperatures in the east bay. we're seeing 40s and 50s this morning and patchy fog a little further inland. you'll find that slowing down your commute in a few spots. if you're heading into southern california, that's where the rain is this morning coming down pretty heavily at times. offshore to the west is a weather system that's the first in a series of system that say brings a change in our weather but it will arrive tomorrow. today just fog in the morning and hazy sunshine for the afternoon. 75 in dublin, 77 livermore, 67 richmo richmond. out towards the inland tri-valley and into the delta we'll see highs in the mid-70s. so tomorrow we'll start the cooldown of increasing clouds during the day. chance of showers as we head towards the evening into friday. friday we'll probably

it's not a call for violence. >> reporter: mehserle is scheduled to be sentenced on november 5th. in oakland, alli rasmussen, ktvu, channel 2 news. >>> an alert san raphael police officer reported a shooting last night that left one man injured. the officer heard gunfire shortly after 8 p.m. near larksspur and alto. a man was suffering from a gunshot wound to the foot. he was taken to the hospital and will survive. so far no arrests have been made. >>> oakland police say a 24- year-old man died after being shot near lake merit. the shooting happened at 1 p.m. last night in the 200 block of international boulevard. the unidentified oakland resident was walking when someone came up and shot him. the gunman ran away. the victim was taken too highland hospital where he died this evening. >>> arson investigators in placer county say they have not yet been able to search the rubble of the west field galeria in roseville. thursday's fire damaged at least 20 stores. workers are shoring up what's left of the mall so the investigators can search for a backpack that may or may not contain ex

now grants family is firing back to the jury found former bart officer johannes mehserle gives it guilty of involuntary manslaughter earlier this year. that's after he said he accidentally pulled his gun instead of his days are back on year's day 2009. now his attorney says there is a similar case that he wants a retrial. >> that similar cases in kentucky a grand jury would not indict the officer there and of research grants family says the two cases cannot be compared. kron 4 dan curman joins us live from oakland where the grant family attorney dismissed the case of similarities to date. dan. >> a little more than an hour ago we had members of the committee here who were supporters of oscar grant. they were protesting this, the motion right here for new trial for johannes mehserle. >> the community of oakland is rochoutraged by this. this is another attempt by the defense to push out to that the sentencing an elongate the case in the hopes that the open community, l.a. community and the nation would lose its passion, commitment or focus on the trial for justice for oscar grant. we will

mehserle is scheduled to be sentenced on november 4. >>> mehserle speaks exclusively with ktvu's rita williams from behind bar. she spent more than an hour with him, hear what he has to say about his life since the shooting and what he wants to say during his sentencing. a series of exclusive reports begin thursday on the 10:00 news. >>> a nurse has been attacked in the bay area. the latest assault happened yesterday afternoon in the contra costa county main jail. officials say an inmate was having what appeared to be a seizure. when medical staff arrived he told a nurse he was faking because he didn't want to be in a particular room. that inmate then picked up a desk lamp and hit the nurse in the head. >> that's the part that angers me most about this. that this knuckle head attacked a person, a good person that was trying to help him. >> the nurse was taken to a hospital with severe headache trauma. the sheriff the described her injuries as nonlife threatening. deputies used a taser to subdue the inmate. >>> the napa county coroner said that the state hospital nurse that was found d

. >> rita's exclusive interview with mehserle lasted for about an hour. and you will now find the interview in its entirety online at ktvu.com. we have just post today within the past few minutes. go to the mehserle tab on our home page. >>> a note is shedding new light tonight on a strange case involving the death of a hayward teenager and the arrest of his twin brother. the alameda county sheriff's department said the 15-year-old boy died of as fixation with a rope. authorities say his twin brother broke into a home and tried to stab himself the night before. authorities tasered the boy to subdue him. they said the surviving brother reportedly signed a note saying they were both unhappy. >> there is no real reason why. there is no -- there is nothing specifically pointed at. there is no traumatic incident that's pointed at. it is just basically says that they are unhappy and they have been unhappy. >> the sheriff's department says it will decide whether to rule the by's death a suicide once they speak to the surviving twin. >>> police in reno say a man

johannes mehserle wants a new trial. his lawyer filed a 134-page request arguing for overturning the involuntary manslaughter verdict against him. in july a los angeles jury convicted him in the fatal shooting of an unarmed passenger oscar grant on new year's day in 2009. mehserle said he meant to taz grant but fired his gun instead. prosecutors told jurors such an incident had never happened before. mehserle's attorney says he has since learned about a similar case in kentucky and that incident the officer was never put on trial. mehserle is scheduled to be sentenced on november 5th. >> grief counselors are on hand at a san francisco chatter school following the death of a student in an on-campus accident. sam mccann kingston was an inspiring artist that helped teach art to children at sunnyside elementary. >> he worked with the kids laying tile, working with clay, working with art materials, doing linoleum cuts. and he was so good at it that over the summer when i was working with teenagers on a six-story at 170 otis s

mehserle will be sentenced next month. caroline tyler joins us from the oakland waterfront to explain. >> reporter: they say it will be a day long shutdown on saturday not just at that point but throughout the bay area and a new rally outside oakland city hall as you said trying to influence hearts and minds. the port of oakland came to a virtual stand still as long shore workers protested the war in iraq. now, they say they will do it again throughout the bay area on saturday to honor oscar grant. >> we are sending a message to the powers that be that justice has to be served here. >> reporter: a court spokesperson is down playing the the planned demonstration saying it is simply a change in the date of a monthly union meeting. >> so all the work schedules have been adjusted accordingly. there won't be any significant impact on cargo or maritime operations on saturday. >> reporter: organizers say 1300 longshore workers will not show up for work. >> the port of san francisco, port of oakland, the port of richmond, if redwo

that's the date johannes mehserle is scheduled to be sentenced. dan, kron 4 news. >>> another cell phone carrier is about to introduce faster wireless service. verizon will bring its 4g service to san francisco. a look at the locations covered i "medieval knight fest".at angry peasants can mess up a car really bad. matt, my mercury agent, helped me file a claim right ay. turns out mercury not only saves me money, but they also cover medieval mob damage. they got my car fixed in no time. call 888-4-mercury or visit mercuryinsurance.com to get a fast free quote and start saving today. >>> the cores of a blue whale washed asho on saturday and will be left to decompose naturally. a park ranger said it likely collided with a ship. this is the time of year blue whales migrate south. president obama awarded a green beret the middle of honor today. staff sergeant robert j. miller was killed in 2008. even after being hit twice he continued to fire at insurgents to give his troop times to seek cover. >>> in arizona, tornadoes and severe storms, forcing evac

. >> rita's exclusive interview with mehserle lasted for about an hour. and you will now find the interview in its entirety online at ktvu.com. we have just post today within the past few minutes. go to the mehserle tab on our home page. >>> a note is shedding new light tonight on a strange case involving the death of a hayward teenager and the arrest of his twin brother. the alameda county sheriff's department said the 15-year-old boy died of as fixation with a rope. authorities say his twin brother broke into a home and tried to stab himself the night before. authorities tasered the boy to subdue him. they said the surviving brother reportedly signed a note saying they were both unhappy. >> there is no real reason why. there is no -- there is nothing specifically pointed at. there is no traumatic incident that's pointed at. it is just basically says that they are unhappy and they have been unhappy. >> the sheriff's department says it will decide whether to rule the by's death a suicide once they speak to the surviving twin. >>> police in reno say a man

mehserle supporters are soliciting letters. both sides will give them to the judge before sentencing next month. >>> a story we want to share with you from colma. something that was found in a cemetery sent chills from a man who found it. they are trying to figure out if it was done as a prank or a religious ritual. >> colma, called the city of the dead. 1.5 million bodies are buried here. those that live above ground, only 1500. so you might expect something ghoulish to happen in this town. it did, here at holy cross catholic cemetery. two weeks ago, a maintenance worker spotted two jars, similar to this one, buried halfway into the ground. when he looked inside, he couldn't believe what he saw. >> it appeared to be an organ, most likely a heart and the heart was tasmd pictures of a couple. >> in the other bottle was a heart with a picture of another young couple. colma police commander john reed is ruling out murder. >> if they had previously been and you and embalming fluid we were grateful to find that out because that elim

that's the date johannes mehserle is scheduled to be sentenced. dan, kron 4 news. >>> another cell phone carrier is about to introduce faster wireless service. verizon will bring its 4g service to san francisco. a look at the locations covered and watt this means just ahead on kron 4 news. [ whitman ] they say california can't be governed anymore. i say baloney. this state belongs to all of us. we just have to decide we want to change. i know government isn't a business and it shouldn't be, but the same values of accountability and focus that make california businesses among the best in the world could do a lot to fix sacramento. i'm on a mission to create more jobs, stop wasteful spending, and improve our schools. let's get to work. ♪ >>> the cores of a blue whale washed ashore on saturday and will be left to decompose naturally. a park ranger said it likely collided with a ship. this is the time of year blue whales migrate south. president obama awarded a green beret the middle of honor today. staff sergeant robert j. miller was killed in 2008

he makes the same mistake mehserle does. we think clearly more than one juror, probably 12 jureors would have changed their vote. >> while he said it's a game changer, the attorney said the motion for a new trial is just paperwork. it is reviewing the motion and a judge will address it november 5th when mehserle is scheduled to be in court for sentencing. >> we now when a professional poker player will stand trial for murder. the trial for earnest shear iii will begin on november 1st. he is accused of killing his parents in pleasant in march of 2008. he beat his parents to death with a baseball bat and then staged the scene as a home invasion. prosecutors claim he was deep le in debt and killed his parents to try to get their-figure inheritance money. >>> it is 5:08 and time to check the commute. or not. >> we will see where things are rolling. we have the construction on northbound 880 coming up that picked up. you see the chicklets start to restore. that's the good news. we have a southbound 880. westbound over towards 880

the message they are saying as the sentencing for johannes mehserle nears. >> good evening, i'm ann notarangelo. first tonight, can you believe it, the giants are heading to the world series. the front page of the san francisco chronicle says all to the series and the win came in enemy territory. kim coyle reporting on how our national league champs pulled it off. kim, what an exciting day. >> reporter: it was truly amazing to be here in philadelphia. of course, the giants never make it easy. they never do anything easy and of course it certainly wasn't easy for them to get this win tonight. giant fans were thinking here we go again when they jumped out to that early lead. but the bull pen was brilliant. another go ahead homer and brian wilson was on the mound to close it out in the 9th. >> ryan howard. 3-2 pitch. got him looking and the giants win the series. >> reporter: it is never easy with these guys but they did it and they are now one of two teams still playing baseball. the giants are headed back to the world series for the first time since 2002. >> i was up at six. couldn't take a nap.

it's a motion filed by johannes mehserle attorney seeking a new trial. he said they deserve a new trial because the judge erred when he gave jury instructions and because there's no evidence. the judge rule on this motion at a sentencing hearing scheduled for november 5th. in oakland in carmen kron 4 news. >> as we get closer to the november election kron 4 is taking a look at the proposition on the ballot here's a look at what prop. 19 would do if it passes. it would legalize marijuana for personal use for adults 21 and older. there would possess a share in transport 1 oz of marijuana for their own use. you'd also be but a growing home state and local governments could tax and regulate the sale of marijuana and the measure would not change existing laws against selling marijuana to minors. >> here gets the beach you can see right over here and 80 ft. blue whale that is died there in the scope. you can see the will push against the rocks in a small cove off researchers at the california academy of sciences said she washed ashore on saturday sadly 50 fee

rita williams sat down with johannes mehserle inside the county jail. thursday night for the first time you will hear from johannes mehserle himself on the shooting and what he thinks should happen on next week's shooting. our exclusive report airs tomorrow night on the 10:00 news. >>> 7:37. it's been one year since the horrifying gang rape of a 16- year-old girl outside of a homecoming dance outside of richmond high school. tonight, the west contra costa school will meet to discuss the lessons learned. police say the victim was robbed, beaten and raped on a poorly lit part the campus. seven people have been charged. security lights were installed. >>> 7:36. we have breaking traffic news. a hit-and-run accident in san jose. police are actively looking for the driver responsible. tara? >> we're trying to get ahold of the police in campbell too try to figure out the -- to try to figure out the condition of the victim. it happened around 6:45 this morning. officials say a pickup truck struck a bicyclist at camden. the windshield is actually shattered where

the jury convicted mehserle of voluntary manslaughter of the death of oscar grant. he thinks the jury got it wrong. and he's been portrayed differently from who he is. >> some people see you as a racist. are you? >> no, ma'am. >> a cold-blooded killer? >> no, ma'am. i'm peaceful by my own nature. >> that's not the aimening some have after watching that cell phone video. it shows mehserle firing a single shot into oscar grant's back as he lays face down. >> how do you live with that? >> i know it wasn't intentional. it wasn't about -- the decision i made wasn't about to shoot him. i know that. >> meze everly says when he -- mehserle says when she realized he shot him he was in disbelief. when oscar grant started to lose consciousness he said that he prayed that grant would be okay. rita williams exclusive interview lasted about an hour. if you want to hear more of that interview rita will be live mornings at 2 at 8:15 this morning. she will have different times on the 5:00 and 10:00 news tonight. >>> the final word this year on the big party in the castro district. >

made the same mistake mehserle did. they challenge that theory and think it will change a juror's mind. >> same tazer, yellow in color. same weight as mehserle's and same location. everything is the same and he makes the same mistake mehserle does. we think more than one juror would have changed their vote. >> the attorney said the motion for a new trial is just paperwork. a judge will address the request on november 5th, it is same day mehserle is supposed to be sentenced. >>> a $10,000 reward for a man who shot a 6-year-old girl in her home. the girl was sleeping and one of the bulls went through the wall and hit her in the arm. she is expected to be okay. police wanted to remind you if you give the men information and officers will not ask you for personal information if you don't want to give it. >> police say a man deliberately rammed into a police officer. today in the bi's chris sanchez is live with that officer. >> reporter: good morning. i talked with a sergeant from fremont police who said pat brower is recove

mehserle supporters are also soliciting letters. both sides will give them to the judge before sentencing next month. in oakland, carolyn tyler, abc 7 news. >> the story, some saying what was found in a cemetery sent chills down the spine of the man who found it. now police are trying to figure out if it was done as a prank or some sort of religious ritual. >> coalma, called the city of the dead. 1.5 million bodies are buried there. those who live aboveground, only 1500. you might expect something ghoulish to happen in this town. it did here at holy cross catholic cemetery. two weeks ago in an isolated part of the cemetery, a maintenance worker spotted two jars similar to this one buried halfway into the ground. when he looked inside, he couldn't believe what he saw. >> there appearing to be an organ, most likely a heart. and to the heart were attached pictures of a couple. >> in the other bottle was another heart with a picture of another young couple. coleman police commander is ruling out murder. >> a heart that's previously been

." >>> right now johannes mehserle's lawyers are trying to get him out of jail. they say the former bart officer should get probation and nothing more for shooting oscar grant. mehserle was convicted in july of involuntary manslaughter for shooting passenger oscar grant at a bart station last year. mehserle's attorneys say he has already lost his career, served more than four months in custody and stands convicted of a serious felony. meantime prosecutors still want him to be sent to prison. they haven't said how long, though. involuntary manslaughter has a sentencing range up to four years. mehserle could get a total of more than 14 years because the crime involved a gun, but that is up to a judge. >>> for the second time in a week a medical worker who helps care for inmates is the victim of an attack inside a bay area jail. a nurse was hurt monday after a man being booked into the martinez jail attacked her. the contra costa county sheriff's department says the inmate faked a seizure and when medical staff responded, he picked up a lamp and struck the nurse in

mehserle scheduled to be sentenced next month. but defense attorneys have asked for this retrial. this afternoon, community activists in oakland will demand that request be denied. >>> if you use caltrain, get ready for fare increases and service cuts. agency directors are likely to approve the changes later this week. mark sayre shows us it's all happening as executives defend their own pay increases. >>> reporter: about 37,000 people ride caltrain each weekday and whether they pay by the ride or with the monthly pass a fare increase is expected to be approved by the caltrain board of directors. henry yen takes caltrain every day. >> it's a big deal actually. i mean, every penny counts these days. you know? we're all fighting pinching our money. you know? cutting down on taking the bus and train everywhere. so... >> reporter: fares will go up about 7%, or 25 cents per fare zone. the cost of a one-way trip from san jose to san francisco will rise from $7.75 to $8.50. >> lots of people out of a job, not a good time. >> reporter: what does it mean for you? >> somebody else has to go

police officer johannes mehserle asked a judge for a new trial. his attorney says the conviction for involuntary manslaughter should be overturned because a jury didn't hear evidence about a similar case. mehserle claimed he thought he was reaching for a taser but instead grabbed a gun moments before he shot and killed oscar grant. prosecutors said there had never been a case where an officer made that mistake but the defense says a similar case did happen in kentucky. less than a year before grant was killed. prosecutors are expected to file a response in the coming weeks. the judge will hear arguments on the motion when mehserle is scheduled to be sentenced next month. >> a sour defeat for state workers as california's supreme court sided with the governor over the controversial furloughs he imposed. while the days saved about $3 billion it translated to a roughly 14% pay cut for state workers. they hoped to get the money back if the justices ruled in their favor. the court decided what the governor did last year was legal because the legislatur

he'll decide mehserle's fate on november 5th. >> anxiety. there's concern. i mean, you know, if we were betting people based on the history, you know, johannes mehserle is going to go home on probation. that's what this rally is about. no one wants to see that. grab a ticket. wave it in the air! >> grant's family and friends want mehserle to serve a minimum of 14 years. >> grant's family will read this letter in the courtroom before sentencing. >> oscar deserves justice. he shouldn't have been shot. he shouldn't have died january 1st, 2009. his life and his experiences were robbed from him. >> the pleas may reach a los angeles courtroom which is exactly what mehserle's attorney doesn't want to happen. >> the judge should grant him probation, release him immediately, and let him reunite with his family. and that will be a mightily unpopular decision, too, if that's what the judge does. >> there was a huge police presence. officers were all around the plaza and many more were stationed on adjacent streets. so there were no issues and no arrests. in oakland, li

he'll decide mehserle's faith november 5th. >> concerns. if we were betting people based on the history, johan necessary mehserle is going to go home on probation. that's what this rally is about. no one wants to see that. >> wave it in the air! >> grant's family and friends quantity mehserle to serve a minimum of 14 years. >> grant's family will read this letter in the courtroom before sentencing. >> oscar deserves justice. he shouldn't have been shot. he shouldn't have died january 1st, 2009. his life and his experiences were robbed from him. >> the main reach in the courtroom which is exactly what mehserle's attorney doesn't want to happen. >> the judge should grant him probation, release him immediately and let him reunite with his family. and that will be a mightily unpopular decision, too, if that's what the judge does. >> there really was a huge police presence out here. officers were all around the plaza and many more were stationed on adjacent streets. but there were no issues and no arrests. live in oakland, lisa amin gulezian, ab

police officer mehserle. today shoremen will stop work in solidarity with grant's family. >> is this port will go islesil. all the noise will be at city hall where we expect a mass rally to demands julstice for oscar grant. >> they're expected to take place in the daylong action. what happened was a total out rage. it can happen again. it was him today. could be me or anyone else tomorrow. >> a los angeles jury convicted mehserle of involuntary manslaughter. grant's family wants him sentenced to a maximum prison term of 14 years. >> this message is to the world that we stand together. this issue needs to be addressed, and we expect mehserle to go to prison. >> reporter: mehserle supporters claim the killing was an accident. his father posted a banner on his both outside the giants case. mehserle's attorney understands the history the longshoremen's union but doesn't understand what it has to do with the client's case. they will take part in an oscar grant rally at oakland city hall bridging their reputation f

they demand that mehserle receive the maximum 14 years in state prison. backing the rally are bay area long shoremen who say they were first galvanized to protest police killings and san francisco police killed two striking long shoremen in 1934. they say their protest will shut down the oakland port. if workers can stand up for justice for oscar grant, they can stand up for justice in this country and it can happen and i hope to hell it happens this saturday. >> reporter: the 4,000 postcard and letters to the judge were sent. a coordinated cam pain has generated it. shooting a young man in the back as he is lying on the ground is the most horrifying crime. >> reporter: as of today, the los angeles court says that it's received 76 letters or cards on behalf of the prosecution and 75 supporting probation for mehserle. >> most of the letters that he have i have seen are -- that i have seen are from people who believe there should be no further jail sentence. >> they are flying a flag at mccovey coefficient. they are creating an online petition with more tha

. >>> former bart police officer he johannes mehserle is asking for a retrial. the prosecution made a key factual error by telling jurors repeatedly that no officer ever have mistaken a teaser for a handgun. at the defense said it happened once in kentucky and if the mehserle jury had known about that the verdict might have been different. the jury convicted mehserle of manslaughter. >>> john cheung may issue ious if the legislature fails to adopt a budget this week. they must get 10 days notice that a meeting is planned. so far chung has not given notice and the state faces a payment of more than $8 million. >> the governor scored a key legal victory today. the supreme court upheld unpaid leave for state workers trade. >> the furloughs affect about 200,000 state employees and many state officers such as the dmv are close to three parties a month seen in the treasury about $1 billion a year. the lines are longer and the seating in the crowd is because there are fewer days when people can come for service. but customers, some of them who have been here for three

mehserle supporters are also soliciting letters. both sides will give them to the judge before sentencing next month. in oakland, carolyn tyler, abc 7 news. >> something that was found in a cemetery that sent chills down the spine of the man who found it. now police are trying to figure out if it was done as a prank or some sort of religious ritual. >> coman called the city of the dead. 1.5 million bodies are buried here. thosewho live aboveground, only 1500. so you might expect something ghoulish to happen in this town. it did. here at holy cross catholic cemetery. two weeks ago in an isolated part of the cemetery a maintenance worker spotted two jars similar to this one buried halfway into the ground. when he looked inside, he couldn't believe what he saw. >> it appeared to be an organ, most likely a heart. there were attached pictures of a couple. >> in another bottle was another heart with the picture of another young couple. police commander john reid is ruling out murder. >> they were autopsied. so we were very grateful to fin

this issue need to be addressed and we expect it to johannes mehserle to go to prison. >> you and it is entitled to one shift a month to take part in meetings. that was originally scheduled for thursday but was moved to saturday said it and take part in the rally. the impact it will have on the sport in the area is unclear. a spokesman for the pacific maritime association said he doesn't think it will have a big impact but he does say it will delay some chefs. in oakland kron 4 news. >> turning to a decision 2010. political ads are flooding the airwaves but how accurate are all of the claims that they make. to date craig sklar with the commercials for the governor's race for the true test. >> santa clara polic. this one attacking brown's political record. he says while the actual numbers may be accurate the message type what is more about image than the facts that would be applied today. you compress and fax in a way that might give the wrong impression. president bill clinton's harsh words from the 1992 s campaign to raise taxes clinton could shorten the change meeting. he reinvents

mehserle does face up to 14 years behind bars and his

johannes mehserle sentencing is next friday. a boy in los angeles will be tride as an adult on charges he killed a 70-year-old pedestrian. prosecutors say he was driving drunk and charged with manslaughter and leaving the scene. >>> a new survey sent to troops and military families finds a majority do not care whether gays serve openly in the military. the survey is part of a larger review. >>> it slowed down and took a wile to get here. the rain pushing into the bay >>> decision 2010. a new poll is bad news for meg whitman. as dan kerman reports, the poll shows her opponent jerry brown pulling ahead. >> reporter: jerry boun holding a 10 point lead over meg whitman. the late poll shows brown pulling away, especially when you compare it to previous poll. in september the two were tied. in march meg whitman was ahead of brown 46-43%. >> she is not as competitive as she needs to be. the issue of the housekeeper, she has been unsuccessful. >> how voters view the candidates. those who view meg whitman favorerably increased just two%.

johannes mehserle sentencing is next friday. a boy in los angeles will be tride as an adult on charges he killed a 70-year-old pedestrian. prosecutors say he was driving drunk and charged with manslaughter and leaving the scene. >>> a new survey sent to troops and military families finds a majority do not care whether gays serve openly in the military. the survey is part of a larger review. >>> it slowed down and took a wile to get here. the rain pushing into the bay area. heavy rain is back. we will look at the forecast in a few minutes. ♪ from the styles you want... ...to the foods you crave. even your favorite toothpaste. now, the things you love at target... are even better. save 5% off today and everyday... when you shop with your target credit or debit redcards. are you redcard ready? only at target. insanity is doing the same thing over and over again and expecting different results. insanity is doing the same thing over and over again and hoping for different results. i've built businesses. i've built a business. met t

they are alling attention to mehserle for the shooting of oscar grant. carolyn tyler explain hass is going on. >> reporter: the port of oakland came to a virtual stand still two years guy as long shore workers protested the war in iraq. now, they say they will do it again throughout the bay area on saturday to honor oscar grant. >> we are sending a message to the powers that be that justice has to be served here. >> reporter: a port spokesperson is downplaying the demonstration saying it is simply a change in the date of a monthly union meeting. >> and so all the work schedules have been adjusted accordingly. there won't be any significant impact on cargo or maritime operations on saturday. >> reporter: but organizers say 1300 longshore workers will not show up for work. >> the port of san francisco, port of oakland, the port of richmond, ports of benitia, if redwood city if they have anything scheduled for that day, it's not going to move. >> reporter: it is the latest in a battle by both sides of the volatile case to public opinion. beyond the protest