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Wanda Johnson, mother of Oscar Grant, sheds a tear following the preliminary hearing May 18, 2009 of Johannes Mehserle, the former BART police officer charged in the killing of her son. (Karl Mondon/Staff)
OAKLAND, Calif.—The lawyer for a former BART police officer accused of murdering an unarmed man on New Year's Day is once again asking for the Alameda County district attorney to be disqualified from the case.

Two days after his original request was rejected by the attorney general's office, attorney Michael Rains filed a new motion Wednesday.

Rains argues that District Attorney Tom Orloff violated Johannes Mehserle's rights when police tried questioning Mehserle without a lawyer following his Jan. 13 arrest in Nevada.

Senior Assistant Attorney General Gerald Engler wrote Monday that Orloff acted legally.

Mehserle has pleaded not guilty to murder charges.

Mehserle's preliminary hearing is scheduled to begin Monday.


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