Johannes Mehserle's attorney is pointing to a Kentucky officer's 2008 shooting as evidence that his client's involuntary manslaughter conviction should be set aside.
In requesting a new trial, defense lawyer Michael Rains said information released by TASER International Inc. after the trial undermined Alameda County prosecutor David Stein's statement that no officer has ever mistook his black sidearm for a yellow TASER.
According to Rains, a Nicholasville (Ky.) PD officer was carrying the same model TASER as Mehserle and meant to use it to break up a fight in April 2008. He instead drew his pistol from the opposite hip and shot and wounded a man.
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