Oscar Grant's Case Might Be Thrown Out?

From the Oakland Tribune:

“An Alameda County Superior Court judge delayed making a decision Friday on whether former BART police Officer Johannes Mehserle should be placed before a jury on a murder charge.

After asking several questions and listening to about 15 minutes of arguments, Judge Thomas Reardon told attorneys he would craft a ruling in the coming weeks on whether the murder case against Mehserle should proceed or be thrown out because of a lack of evidence.

Mehserle, 27, is charged with murder in the killing of Oscar Grant III, 22, of Hayward, on the Fruitvale BART station platform early Jan. 1. The shooting, which was captured on half a dozen cell phone and video cameras, shows Mehserle shooting Grant while Grant lay facedown and another officer had his knee on Grant’s neck.

Mehserle’s attorney, Michael Rains, has argued that the shooting was a mistake and should not be considered a murder. Rains has said Mehserle intended to shoot Grant with a Taser but grabbed his gun by mistake because he was overwhelmed by a hectic situation on the BART platform.”

*****

Seriously, lack of evidence…? Okay, we have one man on video shooting another unarmed and suibdued man in the back as he lies face down on the ground. I’m not sure what other evidence could possibly be necessary. Would a signed confession even help if that doesn’t?