OAKLAND — Former BART police Officer Johannes Mehserle will appear in court Friday in hopes of convincing a judge that a ruling finding his case suitable for a jury trial will be overturned.

Mehserle's attorney, Michael Rains, will ask Alameda County Superior Court Judge Thomas Reardon to overturn a decision by Alameda County Superior Court Judge C. Don Clay, who found there was enough evidence presented during a preliminary hearing to send Mehserle before a jury on a murder charge.

Mehserle is accused of killing Oscar Grant III early New Year's Day while Grant lay unarmed and facedown on the Fruitvale BART station platform. Rains has said Mehserle intended to use his Taser on Grant and believed that was what he was shooting. Instead, Mehserle had his gun and shot Grant in the back, killing the Hayward man.

Mehserle never has said publicly what happened the night he killed the unarmed BART passenger.

Grant was being detained with several other friends after BART police received a call for a fight on a train. Although the description of those fighting was vague, some BART police officers grabbed Grant and his friends from the train.

After arguing the motion Friday, Mehserle is scheduled to return to court Oct. 2 for arguments on whether the trial should be moved outside the county. The trial is set to begin Nov. 2.