Oscar Grant case: Johannes Mehserle will not be tried for murder

The camcorder tells the take in this case 

As the Oscar Grant trail, where former BART Police Officer Johannes Mehserle was originally tried for first degree murder comes to a close, a major development happened on Wednesday. According to NBC Bay Area, Judge Robert Perry ruled that Johannes Mehserle could not be tried for first-degree murder, pointing to "an absence of premeditation."

That's a huge development for Johannes Mehserle and gives some Oscar Grant supporters heart-burn because a successful first-degree murder would have certainly meant life in prison or worse. Instead, Johannes Mehserle's now looking at four options: second-degree murder, voluntary manslaughter, involuntary manslaughter or acquittal. Here's a closer look at what those terms mean:

Second-degree murder is defined as "an intentional killing that is not premeditated or planned, nor committed in a reasonable 'heat of passion' or a killing caused by dangerous conduct and the offender's obvious lack of concern for human life," according to FindLaw.com

Voluntary manslaughter is "an intentional killing in which the offender had no prior intent to kill, such as a killing that occurs in the "heat of passion." The circumstances leading to the killing must be the kind that would cause a reasonable person to become emotionally or mentally disturbed."

Involuntary manslaughter is "an unintentional killing that results from recklessness or criminal negligence, or from an unlawful act that is a misdemeanor or low - level felony (such as DUI). The usual distinction from voluntary manslaughter is that involuntary manslaughter (sometimes called "criminally negligent homicide") is a crime in which the victim's death is unintended."

Acquittal means that Johannes Mehserle would walk away a free, innocent man.

Jury expected to take weeks to make a decision

It's been reported that the jury in the case would make a decision by Friday, but this space can't see that happening. Judge Robert Perry just gave the jury a new set of considerations, whereas under the first-degree murder charge, Mehserle would have certainly walked away a free man.

But if the jury deadlocks on a verdict, Mehserle would still walk away, but on a technicality.

Given the new choices, Mehserle should get voluntary manslaughter.  The video camera makes the difference in this case.  Without it and the shocking videos we've seen, Johannes Mehserle would have been set free.  Now, that doesn't appear to be the case.

Stay tuned.

Toy Story 3 and Pixar's Teddy Newton at San Francisco's Balboa Theater

Toy Story 3 star and long-time Pixar Director Teddy Newton will appear at San Francisco's Balboa Theater this Friday, July 2nd, and to present the new Pixar short Day & Night at 7 PM and 9:15 PM PDT.

Day & Night stars the voice of Teddy Newton and of Croatian president Ivo Josipovicand and is scored by Academy Award-winner Michael Giacchino. The Balboa Theater is in San Francisco at 3630 Balboa Street (at 38th Avenue).

About Teddy Newton

Newton came to Pixar in July of 2000 to work on the Emeryville - based studio's sixth feature film, The Incredibles and has since contributed his considerable character design skills to many of Disney / Pixar's award - winning feature and short films, including Ratatouille, Your Friend the Rat and Presto.

He was also instrumental in the creation of the "End Titles" for The Incredibles and Ratatouille. In addition Newton is frequently cast as a voice in Disney / Pixar films, including the lawyer Talon Labarthe in Ratatouille and the newsreel narrator in The Incredibles and additional voices in Cars and in Up.

Prior to coming to Pixar, Teddy Newton worked at Warner Bros. in the story department and in character design on Iron Giant. Newton also served as writer/producer for the independent feature film The Trouble with Lou. Teddy Newton is considered one of the most influential animation artists in the industry.

Day & Night

Day & Night is a six-minute movie that appears before Toy Story 3. Pixar describes it as follows:

When Day, a sunny fellow, encounters Night, a stranger of distinctly darker moods, sparks fly! Day and Night are frightened and suspicious of each other at first, and quickly get off on the wrong foot. But as they discover each other's unique qualities--and come to realize that each of them offers a different window onto the same world--the friendship helps both to gain a new perspective.

Croatian president Ivo Josipovic is the radio voice in the film says the radio message is about "how the most beautiful things are those that are still unknown to us, so we should not be afraid of the unknown but rather investigate it," according to The Associated Press.

Come to The Balboa Theater and win a prize

Teddy Newton will answer questions following the 7:00pm screening of Day & Night and introduce the 9:15 show with stories about the making of both Toy Story 3 and Day & Night. Newton will sign copies of the Day & Night poster and one lucky winner will receive a copy of "The Art of Toy Story 3," published by Chronicle Books and signed by Toy Story 3 Director Lee Unkrich and Producer Darla K. Anderson.

Health care news: Marin Healthcare District gets hospital from Sutter Health

Marin General Hospital 

At midnight on Wednesday (tonight), Sutter Health will give the elected Marin Healthcare District in Greenbrae, CA of Marin County, California control of the Marin General Hospital in Kentfield, California after managing it for almost 15 years.

While the prospects of success of an elected public health care center would seem promising, that's only the case when there's money to run it and a private sector partner - not here.

While a lot of press places Sutter in the position of bad person, the reality is different if one does some digging. Sources say that Marin Healthcare District knew Sutter had the ability and the right to transfer funds to its overall system. Moreover, Sutter reportedly offered to build a $400 million earthquake safe hospital for free.

This space is not against public control of organizations (like the Oakland-Alameda County Coliseum) but as long as it's done correctly and with a nod toward the need for private sector involvement. There's no reason Sutter could not have remained as a partner in some way, but the edgy and combative approach of some Marin County politicos erased such a possible deal long ago.

The Marin County Grand Jury's view of this was scathing. In a report called "Marin General Hospital: Hope is not a strategy," and released in May of 2009, the Marin County Grand Jury wrote the following on the board's decision to release Sutter Health from its lease and take over Marin General:

"(the decision) woefully underestimates its working capital needs, assumes the public will vote to tax itself for a new wing estimated to cost between $350 million and $400 million, and implausibly takes for granted that it will be able to negotiate reimbursements from insurance companies as favorable as those negotiated by large healthcare systems."

Now, the Marin Healthcare District has to push a bond measure with Marin County voters to raise the necessary funds to build a new hospital. It will be hard to get the voters to approve financing for a hospital board that seems more politically than managerially oriented.

Health care consumers in Marin have other healthcare options are available, including Kaiser and Sutter Health, which continues to provide healthcare services in Marin County and at California Medical Center in San Francisco.

Not that this space hopes for failure by the Marin Healthcare District, just a dose of common sense and a lot less emotion. It's current course is not going to work.

Tiger Woods and Elin Nordegren divorce settlement: a selfish $750 million

Tiger Woods and Elin Nordegren divorce settlement: $750 million!

Tiger and Elin in happier days

That's enormous. And that's the price Tiger Woods will reportedly pay his soon-to-be-former wife Elin Nordegren after years of fooling around with as many as 14 known mistresses.

It's no wonder Tiger Woods' golf game is off. You golf game would stuffer, too, if you knew you had to give up $750 million to your ex-wife. Oh, and not bring any girlfriends around their kids.

That's part of the divorce settlement between Tiger Woods and Elin Nordegren. Tiger Woods can't bring girlfriends around the kids, and a divorced Elin Nordegren can't make comments about his girlfriends. Now, if he marries that woman, it's another story according to The Sun.

This ends a roller coaster ride that leaves thousands of webpages and videos like the ones at this space, of which this interview with Sports Agent Leigh Steinberg is an example:



Tiger Woods and Elin Nordegren are selfish

In the view of this space, throwing $750 million to Elin Nordegren for a divorce, when Tiger Woods and Elin Nordegren could have sent just $5 million to Haiti is outrageous and selfish. Tiger and Elin could have sent another $20 million to help the suffering workers along the Louisiana and Florida shores of The Gulf of Mexico in the wake of the BP Oil Spill. The many unemployed people in Racine, Wisconsin would have certainly appreciated a $3 million helping hand.

Tiger Woods and Elin Nordegren could have helped a lot of people with just $28 million of that $750 million.

Terrible.

Keith Britton gets Star Trek and Avatar's Zoe Saldana engaged

Zoe Saldana and Keith Britton 

Popular Actress Zoe Saldana has more good news in addition to her being invited to become a member of The Academy of Motion Picture Arts and Sciences, and her accomplishments in starring in Star Trek and Avatar: Saldana's engaged to her boyfriend of 10 years, Keith Britton.

All we can say is "Dude. Keith Britton. What took you so dang long?!" It took Keith Britton 10 years to finally propose to her hotness Zoe Saldana? Ten years. Wow, it took Oakland Raiders Quarterback Kyle Boller just one year to propose to Carrie Prejean and they're getting married this Friday.

Now, that we've gotten the razzing of Keith Britton out of the way, congratulations to the lovely couple.

Now, people want to know who Keith Britton is.

Keith Britton is CEO of My Fashion Database and an actor in Los Angeles who's appeared in Cold Case and As The World Turns. My Fashion Database was established in 2008 and has 18 employees according to Linkedin. It's billed as an IMDB.com for the fashion industry.

Randall Cunningham loses his 2-year-old son in hot tub

Randall Cunningham

Former NFL Philadelphia Eagles and Minnesota Vikings Quarterback Randall Cunningham reportedly lost his 2-year-old son in a hot tub accident.

According to the Associated Press, the Las Vegas, Clark County Coroner says that the cause of death of Christian Cunningham was pending investigation.

Christian Cunningham appeared to die from an accidental drowning, but that's not official. The youngest Cunningham was pronounced dead at St. Rose Dominican Hospital Siena campus in Henderson, Nevada.

At the time of the incident, Tuesday, Randall Cunningham was out of town. Christian Cunningham is the youngest of his four children.

Randall Cunningham is an ordained minister and pastor of a church in Las Vegas with his wife Felicity.

Cunningham was one of this spaces favorite quarterbacks, and in 1998 was one missed field goal kick from playing against John Elway and The Denver Broncos in the Super Bowl. Instead, the Vikings were upset in the 1988 NFC Championship by The Atlanta Falcons.

The Beginning of the End for Red-Light Cameras?

Red-light camera programs are losing support from several relevant areas. With courts, legislatures, and the always important general public all dealing blows to photo-enforcement programs around the country, local municipalities are finding it increasingly difficult to defend their use of the machines. The cumulative effect of numerous defeats in court, as well as at the ballot box, combined with the public’s general disdain for the devices (and for the elected officials who support them) may signal trouble for the private companies that operate the automated-ticketing programs. (Not to mention the cities who rely on the revenue that they generate through citations.)
A recent Appellate Court ruling in Orange County essentially dismissed evidence presented from red-light cameras as inadmissible due to a lack of credibility – labeling the evidence as hearsay, rather than direct. (Basically, the court cast doubt on the ability of city officials to prove that their cameras are accurate.) The ruling stated: “The person who entered that relevant information into the camera-computer system did not testify. The person who entered that information was not subject to being cross-examined on the underlying source of that information. The person or persons who maintain the system did not testify. No one with personal knowledge testified about how often the system is maintained. No one with personal knowledge testified about how often the date and time are verified or corrected. The custodian of records for the company that contracts with the city to maintain, monitor, store, and disperse these photographs did not testify. The person with direct knowledge of the workings of the camera-computer system did not testify.” In short, the judges wanted to know why they should assume that the cameras are credible witnesses.
And while the lure of an additional revenue stream is enticing to cash-strapped governments, the public’s ability to punish those officials who support the cameras is equally powerful. That risk vs. reward struggle recently became evident in Illinois, where Cook County officials gave local villages the right to “opt out” of a plan to install red-light cameras in their area. (And opt-out, they did.) While that “opt out” measure was touted as nothing more than granting those villages “the right to choose,” others recognized it as an election-year ploy. “Certain people who have suburban constituents are getting some serious heat from their mayors. It’s about voting to keep yourself in that seat and getting re-elected,” claimed one County Commissioner. In short, the mayors were scared to anger voters during an election year.
Finally, there’s the issue of credibility. This, too, seems to be swaying against the cameras. While governments always seem to find data that shows how red-light cameras reduce accidents, most independent studies do not. The latest example comes from a study by the University of Illinois at Chicago, which looked at the city’s red-light camera program (the largest in the country) and car-accident data during the duration of the program. I’ll spare you the numbers, but the report concluded that “the benefits claimed by the city are hyperbole and that there is no evidence that the red-light cameras have had a significant safety benefit.” Another study noted by the Washington Times pointed out that during a six-year period in the beginning of the decade, when Arlington, VA, used red-light cameras, “total crashes increased 65%” in the area. In short, the cameras didn’t do what they were supposed to – decrease accidents and improve public safety.
The topic of red-light cameras has become so controversial that the U.S. Congress is scheduled to review the matter on Wednesday. The House Highways and Transit subcommittee is going to try to determine if ‘automated traffic enforcement’ methods are “cost-efficient and appropriate.” The subject has simply become too big for Congress to ignore and that could mean trouble for the industry as a whole. In short, stay tuned.