Defense moves to exclude “B.A.N.” Testimony

During the current trial, Mehserle’s defense attorney, Michael Rains, moved to have former BART Officer Tony Pirone’s statements — calling Oscar Grant a “bitch ass nigger” moments before his death — excluded from evidence. The defense was overruled and the testimony will be allowed in court. See link for the defense’s argument against allowing Pirone’s testimony into evidence for the jury to consider:

060310 – Defense – Motion to exclude Pirone B.A.N. testimony

See link for Transcript of Pirone’s testimony, in which he finally “remembers” his words; Pirone denied using “racial slurs” until after hearing himself on videotape:

Prelim Transcript 7 – Pirone Testimony – B.A.N. – continued