Brown pushes D.A. to act swiftly in BART case State attorney general sending high-level aide to prosecutor's office to observe proceedings

Attorney General Jerry Brown talks to reporters in Sacramento, Calif., Tuesday, Sept. 16, 2008. Gov. Arnold Schwarzenegger remains silent about whether he will sign or veto the state budget lawmakers approved early Tuesday, raising the possibility of a rare override veto in the legislature. The last time lawmakers mounted a successful override was 1979, when Brown was governor. (AP Photo/Rich Pedroncelli) less Attorney General Jerry Brown talks to reporters in Sacramento, Calif., Tuesday, Sept. 16, 2008. Gov. Arnold Schwarzenegger remains silent about whether he will sign or veto the state budget lawmakers approved ... more Photo: Rich Pedroncelli, AP Photo: Rich Pedroncelli, AP Image 1 of / 1 Caption Close Brown pushes D.A. to act swiftly in BART case 1 / 1 Back to Gallery

Attorney General Jerry Brown, concerned about the pace of the investigation into a BART police officer's fatal shooting of an unarmed man early New Year's Day, said Saturday that he is sending an observer to the Alameda County district attorney's office to encourage prompt action.

"The wheels of justice cannot grind so slowly that it appears that justice is not being served," Brown said at a news conference in his Oakland office after meeting with leaders of the NAACP, who called for criminal charges. While declining to criticize District Attorney Tom Orloff, Brown said he's not sure why Orloff needs two weeks to decide whether to prosecute the officer.

Also on Saturday, the union that represents the Bay Area Rapid Transit system's 296 police officers and other personnel said it supports the current investigations by BART and the prosecutor's office into police conduct in the death of Oscar Grant at BART's Fruitvale Station in Oakland.

"We have been working with the Alameda County district attorney's office, BART management and the Oakland Police Department to ensure that all of the facts are revealed in an expeditious and transparent manner," Jesse Sekhon, president of the BART Police Officers Association, said in a statement. He offered condolences to Grant's family and friends.

Grant, 22, of Hayward, was shot in the back while lying facedown on the Fruitvale Station platform at about 2:15 a.m. on Jan. 1. He was one of a group of young men taken into custody by BART police at the station after a fight on a train from San Francisco.

Johannes Mehserle, 27, the officer who fired the shot, quit his job Wednesday, the day he was scheduled to be questioned by BART investigators, who could have ordered him to answer or face disciplinary action. Exercising his right to remain silent, he has declined to speak to Orloff's office, which is looking into possible criminal charges. Neither Mehserle nor his lawyers have issued any public statements.

Investigators are reportedly looking into the possibility that Mehserle thought he was firing his Taser stun gun - a belief that would make the killing accidental and probably not subject to a murder prosecution. Orloff said Thursday he would decide in about two weeks whether to file charges.

Brown told reporters Saturday he has spoken with Orloff and is confident that "he is carrying this investigation out in the manner he should." But the attorney general, whose office oversees county district attorneys, added that "I'd like to understand why it would take that long" to decide whether to prosecute.

Brown said he will send a high-ranking deputy, whom he did not identify, to Orloff's office to meet with the prosecutor's staff, observe the investigation and report back to him.

"I want to make sure that we're pushing this along," Brown said.

Orloff told the Associated Press on Saturday that he agreed with the arrangement. "The more people that look at this the better," he said.

Alice Huffman, state president of the NAACP, said the participation of Brown's office should reduce suspicions that arise in the community when "law enforcement is investigating itself." She also said videos of the events, taken by witnesses' cell phone cameras and widely viewed on television and the Internet, should leave little room for doubt that the shooting was criminal.

"It looked like murder to me," Huffman said. "We would not be happy if there were no criminal charges." If Orloff doesn't prosecute, she added, the NAACP will ask the U.S. attorney's office to file federal civil rights charges against Mehserle.

Brown - who, as governor from 1975 to 1983, appointed Huffman director of the state Office of Economic Opportunity and chief deputy director of parks and recreation - said he had seen one of the videos and found it "horrifying ... extremely disturbing."

But as a lawyer, he said, he is suspending judgment until all the facts are in. He declined to say whether he thinks Mehserle should be prosecuted.

A lawyer for Grant's mother and his 4-year-old daughter has filed a $25 million claim against the BART system, the first step toward a possible lawsuit. The shooting, and transit system officials' virtual silence for a week afterward, have also fueled angry demonstrations at several BART stations.

The largest protest, a rally at the Fruitvale Station on Wednesday, was peaceful, but some of the participants later marched to downtown Oakland and smashed windows, set cars and trash bins on fire and damaged more than 300 businesses. Police arrested more than 100 people.

Asked about the melee, Brown - Oakland's mayor from 1998 to 2006 - said, "Jumping on a police car has nothing to do with bringing this case to a close." The rioters, he said, were "declaring war on downtown Oakland."

He and other participants at the news conference agreed, however, that large segments of the community are unhappy with authorities' response to the shooting.

Assemblyman Sandré Swanson, D-Alameda, said the legislative Black Caucus, which he chairs, is concerned at "the pace of the investigation" and "the lack of public confidence."

Swanson, whose district includes the scene of the shooting, said he will work with Brown's office to see if legislation is needed to improve BART police training.

Two other Bay Area legislators, Assemblyman Tom Ammiano and state Sen. Leland Yee, both San Francisco Democrats, have introduced bills to establish a civilian review board for the transit system's police.