OSCAR PISTORIUS MURDER TRIAL: the blade runner oscar pistorius shoots girlfriend

[HairOfTheDog]

I heard it as I was getting ready for my day so I didn't get all the details but I did hear the person reporting it say that Oscar's team looked defeated when the Judge announced it.

Yeah, to me, it means that Pistorius is acknowledging wrong-doing and guilt, and offering a justification or mitigating factor.

That goes against his straight "not guilty" plea and "reasonable fear for his life and self-defense" claim.

Roux overshot what he was looking to accomplish with Dr. Vorster, IMO, and Nel pinned him to the wall on it. Now, Roux can't take it back.

That's my take, anyway.

Very curious as to how the psych eval results will affect Judge Masipa's deliberations and possible sentencing.

[HairOfTheDog]

POTENTIAL IMPACTS OF PSYCH EVAL

Here's a good analysis of how the psychiatric testing results could positively or negatively impact either the prosecution or the defense, depending on the test results.

http://sports.yahoo.com/news/oscar-pisto...34690.html
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Nel must be confident that the "anxiety disorder" claim is bullshit and that psychiatrists who are not commissioned defense witnesses will see through it.

If he's wrong and Pistorius is found to have a psychiatric disorder which caused him to kill Reeva, Pistorius cannot be held criminally responsible for her death and the trial ends. Pistorius would be committed to a psychiatric facility until he no longer presents a threat to society -- which could be 3 days or 3 weeks or 3 years or 3 decades...impossible to tell.

Since Dr. Vorster already testified that Pistorius' disorder didn't prevent him from knowing right from wrong, it's reportedly unlikely that a psych team will deem that his disorder, if they conclude that he has one, was so severe that it caused him to kill Reeva. But, it is possible.

Judge Masipa will instead likely use the test results in her verdict deliberations and in determining Pistorius' sentencing if he's convicted.

This all makes me nervous.

(HOTD edit 5 / 14 pm: corrections)

[HairOfTheDog]

PISTORIUS PSYCH EVAL UNDERWAY

Oscar Pistorius' murder trial began a new phase Monday when the Olympic athlete arrived at a state psychiatric hospital for a monthlong evaluation whose terms have been described by some as favorable to the double-amputee runner.

The judge who will deliver a verdict in the case asked the hospital to determine whether Pistorius had a mental disorder at the time of the shooting, which could affect whether he should be held criminally responsible.

Pistorius must arrive by 9 a.m. and can leave by 4 p.m. each weekday, and has weekends off under an order from Judge Thokozile Masipa. Pistorius, who is free on bail, has been staying at the upscale Pretoria home of his uncle.

Pistorius' outpatient status troubles some experts who say 24-hour observation is common in state psychiatric facilities. In the evenings, nursing staff can get additional insights into a patient's mental state that complement formal questioning and other tests during the day, the experts say.

"There is a benefit" to the after-hours observation, said Lee-Ann Hartman, a clinical psychologist who has worked in state psychiatric facilities.

Masipa's instruction came after a psychiatrist testified that Pistorius, who has said he feels particularly vulnerable because of his disability and long-held worry about crime, had an anxiety disorder that could have contributed to his shooting of Steenkamp on Feb. 14, 2013. The judge was responding to a prosecution request for an independent inquiry, based on concern the defense would argue Pistorius was not guilty because of mental illness.

There is a long waiting list for observation cases at state psychiatric hospitals, and Pistorius' assessment will be faster because he does not need a hospital bed, said Gerhard Grundling, chair of the Clinical Psychology Forum, a South African group. He said the observation likely will include blood tests and possible brain scans and that more specialists, including a neurologist, can get involved as needed.

Additionally, in such observations, social workers gather "collateral information" in interviews with friends, family and others, according to Grundling.

Full story: http://espn.go.com/olympics/trackandfiel...evaluation

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Seems it would be harder to malinger under 24-hour observation than via limited outpatient observation. I wish Pistorius was undergoing an in-patient evaluation.

If Pisotrius and his team believed that he had a good chance of getting off scot free or getting a very light sentence for culpable homicide before the eval was ordered, I can see him wanting to come across as having no mental illness.

If instead Pistorius and his team believed that he a had good chance of being convicted of murder (mandatory 25 years) or receiving a long sentence for culpable homicide before the eval was ordered, I can see him wanting to come across as in fact having a mental illness. In that case, getting sentenced to a psychiatric facility where the doctors were responsible for determining his release -- contingent on their perception of his safeness to society -- would likely be the better option for the defense team.

I think Pistorius is a proven liar. I don't trust him to be honest in any context or environment and psychiatrists and psychologists sometimes get fooled. In any case, I don't expect that the brain scans and blood tests are going to show any physical signs of mental illness. We'll see.

He's got 3 more weeks of evaluation and then there will probably be an additional few weeks necessary for results interpretation and compilation. I'll be surprised if the trial resumes earlier than mid July.

[aussiefriend]

Thanks for that update HoTD. It is interesting even nursing observations (who will observe him when his guard is down) will be brought into evidence. It will be their own perceptions/interactions and professional opinions. Having said that, I don't know what the level of training is in South Africa.

[Duchess]

Damn. Mid-July.

Maybe we can see some action in regards to thattwatjodi. It's all one word in my mind now.

[HairOfTheDog]

Damn. Mid-July.

Maybe we can see some action in regards to thattwatjodi. It's all one word in my mind now.

I'm only guessing mid-July. It could be sooner or later.

Thattwatjodi's penalty retrial starts in September. It won't be televised or streamed this time out. There could be some overlap with Pistorius' trial if there are conflicting analyses of Pistorius' psych eval or court scheduling issues.

Wish they could both be wrapped up sooner...

[Duchess]

Wish they could both be wrapped up sooner...

You ain't kiddin'. I'm growing old waiting.

[HairOfTheDog]

Wish they could both be wrapped up sooner...

You ain't kiddin'. I'm growing old waiting.

The Pistorius trial is scheduled to resume tomorrow. Should be interesting to hear the mental health specialists' opinions as to whether Pistorius' alleged anxiety disorder exists and, if so, whether it was a factor in the killing of Reeva Steenkamp.

Snip:
On Monday, the court will hear the expert findings on the state of Pistorius' mental health and if this impacts in any way on his guilt or innocence.

Dr Alexander Sasha Barday is a forensic psychiatrist. "I always look at these kinds of behaviors through the lens of, is this legitimate, or is this malingering?" he said. "Is this an act, or is this a true manifestation of intense emotions associated with this particular situation or crime?"

Veteran South African attorney Renier Spies believes the defense cleverly introduced the anxiety disorder as a means to detract from Pistorius' poor performance on the witness stand. But the prosecution then countered by calling for a psychiatric evaluation.

"The prosecutor, by forcing this evaluation, hopes to pull the gut out of Oscar's already destroyed credibility. He would take what has been almost destroyed completely and there would be nothing left," Spies said.

Despite his monthlong hiatus from the courtroom, Pistorius will most likely be found fit to continue standing trial. And the case will proceed with the calling of up to three more defense witnesses.

http://www.cbsnews.com/news/oscar-pistor...valuation/

[HairOfTheDog]

AND THE WINNER IS...GERRIE NEL FOR THE PROSECUTION (IMO)

Today, the judge heard excerpts from the mental health specialists' findings. The findings indicate that they don't consider Oscar Pistorius as having had a mental illness that contributed to his killing of Reeva Steenkamp.

So, Roux's and Pistorius' attempts to mitigate or excuse his actions with a mental health argument seem to have failed and, hopefully, Judge Masipa won't be able to consider him legally defective when she deliberates her verdict and sentencing.

Snip:
Prosecutor Gerrie Nel referred to key parts of the conclusions, noting that the experts believed Pistorius was "capable of appreciating the wrongfulness of his act" when he killed Steenkamp, a 29-year-old model.

"Mr. Pistorius did not suffer from a mental illness or defect that would have rendered him criminally not responsible for the offence charged," Nel said.

The world will have to wait to read the assessments: The full report has not been made public because the prosecution might call witnesses to testify about it.

.............And, the Defense continued with its witnesess...
Later, defense advocate Barry Roux called the doctor who amputated Pistorius' legs below the knees when he was 11 months old. Dr. Gerry Versfeld testified that the athlete had limited mobility on his stumps and would have difficulty maintaining his balance in the dark.

Pistorius was again asked to remove his prosthetic legs and Versfeld took his stumps into his hands as he demonstrated to the judge the difficulty Pistorius had in moving, owing to soft tissue under the athlete's stumps that slipped easily.

Versfeld said it was unlikely that Pistorius struck the toilet door with a cricket bat while on his stumps. He said the athlete would not have enough balance.

Nel questioned the orthopedic surgeon about this evidence, saying he could not reconcile Pistorius' version of what happened on the night of the shooting with his testimony.

"You said he often falls. Do you know that on that particular night he never fell? Did you not ask him what happened that night?" Nel asked Versfeld.

Full story: http://abcnews.go.com/International/osca...d=24360934

[Duchess]

Versfeld said it was unlikely that Pistorius struck the toilet door with a cricket bat while on his stumps. He said the athlete would not have enough balance.

Aha!

[JsMom]

Good to hear!

[HairOfTheDog]

ACOUSTICS EXPERT TESTIFIES ABOUT SCREAMS

Ivan Lin testified about sounds on the night of killing.

Some neighbors have described hearing a woman's screams between shots the night Steenkamp died, which the prosecution suggests was the argument that led to her death.

But the defense has argued that Pistorius sounds "like a woman screaming" when he's anxious, and says it was his screams that ear-witnesses heard.

On the stand for the defense Monday, Lin said "typically" one can differentiate between male and female screams, but not without exception.

Nel pressed him on the point but made little headway on Tuesday.

The prosecutor did get Lin to concede that state witnesses could have heard screaming from the Pistorius house on the night of the killing from their homes up to 177 meters (580 feet) away.

ON THE STAND TOMORROW
Tomorrow, Nel will cross-examine Pistorius's agent, Van Zyl.

Today the agent described Pistorius as "hypervigilant" and "always fidgety," saying Pistorius once grabbed his arm when they heard a bang on a street in New York, and liked to sit where he could see the exits when they went to restaurants.

But he denied that the athlete was prone to outbursts of anger and testified that Pistorius was in a loving and caring relationship with Steenkamp.

Van Zyl had lost his temper more often than Pistorius during the years they worked together, he said.

Source: http://edition.cnn.com/2014/07/01/world/...?hpt=hp_t3

[HairOfTheDog]

NEW DETAILS ABOUT THE MENTAL HEALTH EVAL -- DOES IT ACTUALLY HELP THE DEFENSE?

An independent panel of doctors said that Pistorius was, at the time he shot Steenkamp, not mentally ill or incapacitated in any way that would make him "criminally not responsible of the offenses charged."

The report added that "Mr. Pistorius was capable of appreciating the wrongfulness of his act."

BUT, today in court more of the report's contents were revealed...

The psychiatric report seemed to suggest that Pistorius's version of events was plausible.

"When Mr. Pistorius's appraisal of the situation is that he might be physically threatened, a fear response follows that might seem extraordinary when viewed from the perspective of a normal bodied person, but normal in the context of a disabled person with his history," the doctors found.

One of the questions Judge Thokozile Masipa must consider in determining her verdict is whether Pistorius behaved reasonably in the circumstances.

Several witnesses have testified that Pistorius tends to arm himself and go towards danger, rather than away from it, when he thinks he is under threat.

Full story: http://edition.cnn.com/2014/07/02/world/...?hpt=hp_t3
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IMO, Pistorius could just as easily be suicidal and depressed because he blew his short-fused stack and intentionally killed his lover, and/or because he's lost everything he'd worked for and is now viewed as a pariah.

[crash]

I have a bad feeling about this case. I think his defense team has done a great job of delaying proceedings, muddying the water and building a 'poor Oscar' persona.

[HairOfTheDog]

I have a bad feeling about this case. I think his defense team has done a great job of delaying proceedings, muddying the water and building a 'poor Oscar' persona.

I have no idea who's got the edge at this point -- the defense or the prosecution.

The prosecution has some great circumstantial evidence and I think Nel has done everything he can with it, but there's nothing that the defense hasn't worked hard to raise doubts around. Whether those doubts are "reasonable" is subjective and to be interpreted by Judge Masipa; impossible to know which way she's leaning.

In order to not find Pistorius guilty of at least culpable homicide, I think the judge will have to consider that Pistorius has diminished capacity stemming from his physical handicaps. Otherwise, I don't see how she can get around applying the standard for self-defense (which is that the defendant acted in a way that was reasonable for any South African citizen -- Pistorius did not).

IMO, that's probably why Nel pushed for the pysch eval. He wants to make it as hard as possible for her to justify treating him differently than the average SA citizen since Pistorius entered a self-defense/not guilty plea instead of a diminished capacity one.

Should be going to deliberations soon -- anxious for the verdict.

[HairOfTheDog]

More "Poor Oscar"...

Pistorius' long-time doctor, Derman, spent all day Thursday on the stand, first testifying under defense questioning that Pistorius' double amputation is key to understanding his behavior.

Do not be taken in by the fact that Pistorius is one of the fastest runners in the world -- remember he is disabled, he argued.

Derman ran through a long list of the difficulties that double amputees experience every day, concluding: "The saddest thing I have learned through my six years of working with athletes with disability is that disability never sleeps.

"It's there when you go to sleep at night and it's there when you wake up in the morning. It affects nearly every aspect of your life," he said.

Pistorius' defense team seems to be trying to establish that he acted reasonably, given who he is, when he killed Steenkamp in the early hours of Valentine's Day 2013.

Roux also read more of the psych eval in court today. Pistorius was diagnosed as having PTSD (as a result of the killing); he needs to be in treatment to overcome the depression and minimize suicide risk. His friends and family described Pistorius as calm, gentle and non-confrontational to the psychiatrists.

Trial was adjourned until Monday.

Source: http://edition.cnn.com/2014/07/03/world/...ius-trial/

[Cynical Ninja]

OJs defence played the racial card and the defence of Pistorius are trying to play the disability card.

Its a good play by the defence, plus they are playing the Zimmerman “I feared for my life” card.

I think he'll get off one way or another.

[HairOfTheDog]

FIGHT OR FLIGHT

Snip:
On Monday, prosecutor Gerrie Nel continued to cross examine Wayne Derman, a professor of sports medicine, who has worked with the athlete for many years. Prof. Derman has described how Mr. Pistorius's actions would have been influenced by a flight-or-fight response common among people who feel vulnerable because of a disability.

Prof. Derman said data has shown that people with a disability are at a higher risk of violent attacks. He said that the noises Mr. Pistorius said he heard in his bathroom, such as a door closing, would have sparked a fight response given his limited ability to flee.

Story: http://online.wsj.com/articles/pistorius...1404739243
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TRIAL WIND-DOWN

Roux told the court that he's about ready to end his defense case-in-chief. Next up will be closing arguments, followed by Judge Masipa deliberating with her two appointed judges, verdict announcement and then sentencing arguments and ruling.

It could be anywhere from 2 to 6 weeks before the verdict is known.

These are the possible verdicts and sentences:
-Acquitted -- found not guilty of murdering Reeva Steenkamp and instead acting in perceived self-defense.

-Guilty of premeditated murder -- 25 years to life in prison.

-Guilty of culpable homicide (negligent but unintentional killing) -- sentence entirely up to the judge.

The possible sentences for the weapons possession charges are unclear to me.

[HairOfTheDog]

DEFENSE RESTS


Pistorius leaves court -- he continues living in the luxury home of his uncle Arnold Pistorius

After 39 days in the courtroom spread over four months, and 37 witnesses on the stand, finally Oscar Pistorius' sensational murder trial is drawing to a close.

After calling 16 witnesses, Pistorius' defense team decided Tuesday it had done enough to prove that the double amputee track star mistook his girlfriend Reeva Steenkamp for an intruder early on Valentine's Day morning in 2013, and had no intention of killing her.

Events outside the courtroom, however, provided a sharp contrast to the defense's argument that Pistorius is more vulnerable than others when he's on his stumps and that justifies his actions. Damning video was leaked of Pistorius re-enacting the shooting -- on his stumps.

The defense commissioned the video from U.S.-based forensic animation company "The Evidence Room," but never used it in court. It was leaked to an Australian television network, and shows Pistorius moving backwards and forwards on his stumps re-enacting the events leading up to his killing of Steenkamp.

But while the video made global headlines, it had no impact on the case as it was never shown inside the courtroom.

Both sides will spend the next month preparing their final arguments, and a verdict is expected before the end of August. The decision rests in the hands of the judge alone, as there is no jury system in South Africa.

Ref: http://www.cbsnews.com/news/oscar-pistor...der-trial/

[Duchess]

I watched the video that was first shown in Australia. I couldn't find the exact one I saw but I found one that a news station broadcast and you can see some of it. Oscar is quite mobile on his stumps. I figured he would be given he lost his legs as a child.