On Friday, defense attorney Michael Rains said at a hearing that Alameda County Judge C. Don Clay's ruling to have Johannes Mehserle stand trial for murder is "arbitrary, capricious and patently absurd." Rains says Clay excluded key evidence during Mehserle's preliminary hearing.
Judge Thomas Reardon did not render a ruling Friday, telling Rains and prosecutors that he could issue one early next month.
Mehserle shot in the back Oscar Grant after he was pulled off a train for allegedly fighting.
Mehserle has pleaded not guilty. Rains has said Mehserle had intended to use his stun gun but accidentally pulled his handgun.
Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2009/09/04/state/n122149D96.DTL#ixzz0QFnEv8Kr
