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Protestors demanding justice for Oscar Grant line the sidewalk outside of the Renee C. Davidson Superior Courthouse in Oakland, Calif. at the start of Johannes Mehserle's preliminary hearing on Monday, May 18, 2009. (Laura A. Oda/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.