OAKLAND, Calif. -- KTVU obtained exclusive information Tuesday that outside investigators have recommended two BART police officers be fired for their part in the fatal New Year's Day shooting of Oscar Grant.

Legal analysts said that move could affect the trial of the former officer now charged with Grant’s murder.

A public report released just over a month ago packed a great deal of information into eight pages that condemned the way BART police handled the fatal New Year's Day incident.

The Oakland law firm Meyers Nave was hired to review BART policies, practices and procedures as they related to the New Year's Day shooting, in which BART police Officer Johannes Mehserle shot and killed Oscar Grant III on the Fruitvale station's platform. Mehserle later resigned from the force and now faces trial for murder.

"The report clearly says we could have done a better job," BART General Manager Dorothy Dugger told reporters after the August 20th assessment was released.

But that scathing report was only the public version. BART paid Myers Nave $250,000 for an internal investigation that the transit agency is keeping private. KTVU Channel 2 reporter Rita Williams has learned that in the report, investigators recommended that BART fire two officers involved in the Grant incident: Tony Pirone and Marysol Domenici.

Pirone and Domenici were partners and the first officers on the scene at the Fruitvale BART station early January 1st. The two BART police officers have been on paid leave ever since.

"It's not surprising, he [Pirone] should not be a police officer," said John Burris, attorney for Oscar Grant’s family. "I feel the same way about Officer Domenici, although her conduct was not on the same level."

Allison Berry Wilkinson, the attorney for Officer Domenici told KTVU by phone Tuesday “I will not confirm nor deny the recommendations. This was a confidential report.”

Pirone is the officer who appeared to punch or elbow Oscar Grant in video obtained by KTVU before Officer Mehserle shot and killed Grant. Pirone has been accused of escalating the situation. His attorney did not return calls Tuesday, but has defended his client in the past.

The person who will decide whether the two officers are fired is outgoing BART Police Chief Gary Gee. In the past, Chief Gee has defended the officers involved with the Grant incident.

"I will say that all the other officers who responded to the incident at around 2 a.m. at Fruitvale station followed protocol," said Gee in an interview this past January. "I thought that they performed their duties in a professional manner."

Legal analyst Michael Cardoza, who has followed the case closely, said past behavior indicated Gee would probably not fire the officers.

"He's the short-timer. He's got nothing to lose," said Cardoza. "I don't think he's going to terminate them from the way he's acted as chief."

It is also possible that BART General Manager Dugger could overrule the chief.

If the officers are fired, it could have an impact on the murder trial of former Officer Mehserle, who has maintained he meant to fire his Taser and not his gun.

"Pirone was the only one to my knowledge who heard Mehserle say ‘I thought I was reaching for my Taser, I thought it was my Taser,’” opined Cardoza. "So if they turn around and fire him, it's definitely going to affect his credibility."

Even if BART winds up firing one or both police officers, that probably will not be the end of this part of the complicated case. Attorneys told KTVU Tuesday they would expect the officers to then file a wrongful termination lawsuit against the transit organization.