The family of the man shot by former BART officer Johannes Mehserle on New Year's Day 2009 is outraged that the jury seated to determine Mehserle's fate doesn't have any blacks, the San Jose Mercury News reports.

Mehserle is on trial for shooting Oscar Grant on the Fruitville Station BART platform in the early hours of New Year's Day 2009. When opening statements begin on Thursday, his defense will argue he mistook his sidearm for a Taser.

After a day of questioning of potential jurors on Thursday in the Los Angeles murder trial of the former officer, a judge empaneled a jury of eight men and four women that includes seven whites, four Latinos and one Indian American.

"I'm concerned with getting justice for Oscar," said Zeporia Smith. "With this jury, I'm just not sure if they're going to understand what happened to Oscar Grant."

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