As many see it, there can be no do-over for ex-BART cop Johannes Mehserle who was found guilty of involuntary manslaughter against Oscar Grant.

Now a decision by his defense attorneys to request a new trial for Mehserle has sparked anger for many Oaklanders.

During a press conference held in front of City Hall Wednesday afternoon, grassroots organizers said local residents are ready to protest against the defense’s legal motion.

“The community of Oakland is outraged by this,” said Cat Brooks, a local organizer with ONYX and the General Assembly for Justice for Oscar Grant.

In July, a jury in Los Angeles found the former BART cop guilty of involuntary manslaughter in the death of Grant, 22, who was fatally shot while he was face down on the platform at the Fruitvale Station in Oakland on Jan. 1, 2009.

Lawyers for Mehserle asked a judge on Monday to set aside the former BART police officer’s manslaughter conviction for shooting Grant – an unarmed passenger – and order a new trial.

In court papers, Mehserle’s attorney said a new trial is needed based upon a previously unknown case in Kentucky that supported Mehserle’s defense that he thought he was using his Taser and not his pistol on Grant. The defense attorney also protested several jury instructions made by the trial judge.

The case in Kentucky – that of a Michael McCarty – and Grant’s case have nothing to do with one another, Brooks said.

“Michael McCarty was not killed,” Brooks told reporters. “He was not beaten before he was killed, the last words he heard were not racial slurs. He was not handcuffed and then shot.”

Besides ONYX and the General Assembly for Justice for Oscar Grant, the New Year’s Movement and the International Longshore and Warehouse Union helped organize Wednesday’s press conference.

Brooks said the defense is trying to wear down the community.

“This is another attempt by the defense to push out the sentencing and prolong the case in the hopes that the Oakland community and the Los Angeles community, and indeed the nation, will lose passion, commitment or focus for the trial and justice for Oscar Grant,” Brooks said. “We will not. Our numbers continue to grow and we will continue to organize.”

According to organizers, many in the city feel the request for a new trial is a slight to Oakland and the Grant family.

“It is a slap in the face to Oscar, to his family, to his friends who witnessed his execution that night and to communities of color across the nation who are daily victims of police brutality and violence,” Brooks said.

She added that organizers are looking to continue to keep the spotlight on the case by asking supporters to take part in a letter writing campaign protesting the involuntary manslaughter sentence as well as the motion by the defense attorney for a new trial.

In addition, many local organizers are gearing up for the International Longshore and Warehouse Union – ILWU – action on Saturday, Oct. 23, at Frank Ogawa Plaza. Protesters said they will gather at noon to demand justice and jail time for criminal police officers.

“The ILWU was born of the blood of strikers shot in the back by police,” said Martin Holder, a longshoreman with the ILWU. “Much like how Oscar Grant was shot.”

The Los Angeles judge will consider the defense motion when Mehserle is scheduled to be sentenced on Nov. 5.