An LA Superior court judge will be hearing the case of Johannes Mehserle, who is facing murder charges for shooting and killing Oscar Grant this new year’s eve at a BART station in Oakland, CA. The Oakland Tribune reports:

Superior Court Judge Robert J. Perry, who first was appointed a judgeship in Los Angeles in 1992, will preside over a case that a local judge ruled should be moved to a new location because of pretrial publicity and the threat of violence.

Although Mehserle hasn’t talked publicly about the shooting, his lawyer is arguing that Mehserle didn’t know he was firing a gun. He says he thought it was a Taser. Let’s see if Rains can actually convince the judge that a Taser gun can really be confused with a firearm. The case probably won’t be heard for another six months to a year.