The murder trial of former Bay Area Rapid Transit police officer Johannes Mehserle will begin June 7 in downtown Los Angeles, a judge ruled last week.

Mehserle, who was videotaped shooting an unarmed Oscar Grant in the back on the Fruitvale BART platform in Oakland on New Year’s Day 2009, is believed to be the first police officer ever tried in California for committing murder in the line of duty.

Mehserle was present for a Feb. 19 pre-trial hearing in Los Angeles Superior Court in which Judge Robert J. Perry granted the request of Mehserle's attorney, Michael Rains, to begin the trial in June rather than May.

Perry was not, however, as benevolent in his rulings on Rains’ other requests.

The hearing centered on two motions, one to reduce Mehserle's bail, currently set at $3 million, and another to remove the Alameda County District Attorney’s Office from the case. Perry denied both motions.

Rains argued for bail reduction saying that Mehserle has appeared 30 times in court since proceedings began even though he has been “threatened (and) denounced by politicians as a 'murderer.'”

Mehserle resigned from BART on Jan. 7, 2009, the day he was scheduled to talk to internal affairs investigators about the shooting. He was arrested in Nevada the following week on suspicion of murder. His attorney at the time said Mehserle fled because he feared for his safety, according to media reports.

Perry said Mehserle's continued presence in court was not enough to win him a reduction in bail, adding that Mehserle was a sufficient flight risk to justify the $3 million bail.

Rains argued that the Alameda County District Attorney’s Office, formerly under Tom Orloff, should be disqualified from prosecuting the case. Orloff, Rains said, conspired to violate his client’s Sixth Amendment right to counsel. As a result, he said, the office cannot be trusted to be fair.

Rains said the arresting police officers’ notes prove his point. Officers were directed by the district attorney’s office to question Mehserle during the trip back from Nevada, Rains said, even though Mehserle’s attorney at the time, Christopher Miller, told them not to question him without Miller present.

Perry struck down the motion, saying the defense team failed to establish a conflict of interest because Orloff has retired and is not involved in the case. The judge added that “the fact that Mehserle invoked his right not to talk does not mean his rights were violated.”

The court found that Mehserle should not have been questioned without his attorney present, but that it was a minor violation. Perry denied the disqualification request and said the motion was seeking a “draconian result.”

John Burris, attorney for Oscar Grant's family in its multi-million dollar civil suit against BART, said Rains’ motion was “grandstanding."

“Rarely has the district attorney’s office been disqualified,” he said, adding that no real evidence had been shown to indicate unfair treatment.

Luke Patterson, spokesperson for the L.A. Coalition for Justice for Oscar Grant said the group was glad both motions were denied.

He said the day was a victory but that he remained cautious.

“No matter who the D.A. is on the case, we don’t trust that the D.A.’s are … on our side," he said. "We know that (they) support the police departments and are definitely on their side … so no matter if it's coming from (up north) or the D.A. is coming from Los Angeles, we know it's going to be up to the people to get justice."

Attorneys discussed how to protect witnesses in the case. Perry said he did not believe their names should be kept secret, but added that he does not want them to be harassed.

Rains cited media reports saying friends with Grant who spoke favorably of Mehserle in earlier court appearances had been labeled "snitches," and that he couldn't track down other witnesses after this happened. The judge suggested that briefs containing witness names and addresses be filed under seal rather than redacted.

Mehserle is due back in court Mar. 26, when Perry will address a possible questionnaire for potential jurors.