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Mehserle's Lawyer Asks For New Trial

OAKLAND (KCBS) -- The defense lawyer for former BART police officer Johannes Mehserle said his client deserves a new trial, and he is attacking the involuntary manslaughter verdict in multiple ways.

Defense lawyer Michael Raines said the Alameda County prosecutor was wrong when he argued that no other officer had ever mistakenly fired his service weapon when he meant to use his Taser.

"After the trial was concluded, we determined another instance that had happened in Kentucky, of all places, in 2008," Raines said.

KCBS Chris Filippi Reporting:

Raines said neither he nor prosecutors were previously aware of the Kentucky case where the officer had his Taser in the same location on his belt as Mehserle.

The defense argued during the trial that Mehserle mistakenly shot Oscar Grant with his revolver when he thought he was using his Taser.

Legal analyst Steven Clark said Raines is also questioning the judge's jury instructions.

"The defense is saying a lot of the jury instructions given by the court were confusing and only would have applied to the murder charge," Clark said.

The filing for a new trial will be considered by an Los Angeles judge on Mesherle's sentencing date of November 5th.

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