Rains filed a supplemental motion arguing that Judge Clay should take a second look at a ruling that barred the defense attorney from presenting evidence about Grant's criminal background, as well as a ruling that barred him from presenting evidence that Mehserle told a fellow officer just before the shooting incident that he planned to use his Taser on Grant. He protested that "Both rulings amount to grave errors under longstanding and never-questioned California authorities" and alleged that they "substantially interfere with Mehserle's federal due process right to defend against the murder charge".  Rains failed to convince Judge Clay to remove District Attorney Tom Orloff's office from the case. Rains claimed Orloff violated his client's rights because he ordered two Oakland police officers to try to interview Mehserle after he was arrested, even though Orloff knew Mehserle had an attorney. Judge Clay said Orloff's actions did not prove a bias nor did it meet the requirements necessary for him to be removed from the case.