Marion Brothers

Marion Brothers

Wednesday, January 14, 2009

Justice Delayed is Justice Denied

RE: BART Police Officer arrested for murder of Oscar Grant

BART Board of Directors
P.O. Box 12688
Oakland , CA 94604-2688
(510) 464-6095

c/o Kenneth A. Duron
District Secretary
San Francisco Bay Area Rapid Transit District
300 Lakeside Drive, 23rd Floor, Oakland , California 94612
510.464.6080, fax: 510.464.6011

To Directors: Carole Ward Allen, Bob Franklin, Joel Keller, Gail Murray, John McPartland, Thomas Blalock, Lynette Sweet, James Fang, Tom Radulovich

Thank you for taking the wise course of action that led to the arrest of the assailing officer. The statement issued by the BART Board of Directors may serve to heal the rift between the police department and the community. It is a model, if designed well and implemented, may well serve as a model of law enforcement around the nation.

The case still requires an answer to the Federal Civil Rights question:

Did the officer deny the victim the right to life, protected by federal due process of law? The officer acted as judge, jury, and executioner. This is summary execution under the color of law.

Thank you again.

Eddie Griffin

BART Board and General Manager react to arrest of former officer
Today, BART’s top officials issued the following statement following the arrest of former BART Police Officer Johannes Mehserle involved in the death of Oscar Grant on the morning of New Year’s Day at the Fruitvale BART Station:

"From the moment this shooting occurred, nine detectives worked diligently to conduct a thorough and complete investigation and to swiftly turn the results over to Alameda County District Attorney Thomas Orloff," BART Board President Thomas Blalock said. "The District Attorney has decided, based on the evidence presented to him, to bring charges. Mr. Mehserle is going to have to stand trail for the crime with which he is charged. This is now in the hands of the District Attorney and ultimately a jury to decide. This investigation shows that no one is above the law, but everyone is entitled to due process of the law. BART investigated this shooting thoroughly and treated the investigation and information no differently because the suspect involved was a police officer. Now we have to let due process take its course."

"We want the public to know that this one incident is not reflective of BART, its police or its employees," BART General Manager Dorothy Dugger said. "I have great confidence in the professionalism of the BART Police Department. This was a tragic event in which a life was lost for which someone has been arrested and charged. The BART Police Department is a professional force of 206 sworn men and women who work everyday to ensure the safety of more than 100 million customers who annually ride BART."

"We know that this shooting has caused anger and concern in the community. We pledge to work with the community to rebuild the trust it has placed in our transit agency," BART Board Member Carole Ward Allen said. "As the first step in that process, the BART Board of Directors on Monday established a Board Committee, which I chair, to review police practices and procedures, including hiring and training, and to identify opportunities to further strengthen the rigorous standards currently in place which meet or exceed California Peace Officer Standards and Training. Our goal is to make sure that something like this never happens again."


Rigorous standards for hiring exceed those established by the State of California Commission on Peace Officer Standards and Training (POST); training is POST compliant and continues throughout an officer’s career. Established policies and procedures guide officer conduct. Officers are expected to maintain the highest standards of ethical conduct.

BART Police Department hiring and screening procedures are fully compliant with the California Commission of Peace Officer Standards and Training, and recommendations of the International Association of Chiefs of Police and the Federal Bureau of Investigation. Read more on POST standards (outside link to POST website).

POST requirements include academy training, a full psychological and medical evaluation and a comprehensive background evaluation

BART exceeds POST requirements by requiring:
polygraph test
1 year of college
20 weeks of field training with daily officer review
1 year probationary period.

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