Trial Discussion Thread #45 - 14.07.3, Day 36

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What's the new defense? Being startled?

I think they're talking about it just now. Something along the lines of 'pathological temporary insanity'. A bit like if somebody was drunk and killed someone but normally they're a pretty stand-up person.
 
Does anyone else think that the last two witnesses had a lot of similarities, in a way? (Mr Lin (sound expert) and prof Derman).

They are both VERY knowledgeable in their subjects.
Both speak a LOT, in great detail, about it.
Neither really applied it to Oscar and that night - Lin did not test Oscar's voice screaming, or play a recording in court; Derman would not say what Oscar's responses would have been. he just listed every single one he COULD have had.

But. Nel treated Mr Lin politely and did not question him hard at all.

I think that is because it was obvious Mr Lin really was just trying to explain to the court, how sound works. I don't think he was concerned if it made Oscar look good or bad.

Whereas prof Derman really seemed to be explaining only the things that would help support Oscar's version. That's why Nel treated him so differently.
 
He fired at the sound to nulify a threat.
OH DEAR OH DEAR OH DEAR.

Does it matter though?

We know the door didn't open and we know the magazine rack never moved so in actual FACT............there was NO sound at all.
He made it all up to suit his version and the Judge will know that IMO :)
 
I think they're talking about it just now. Something along the lines of 'pathological temporary insanity'. A bit like if somebody was drunk and killed someone but normally they're a pretty stand-up person.

And after that, there is always the sleepwalking/killing defense to fall back on...
 
Whooptv were saying earlier that the gun charges are treated very seriously so, like them, I'm curious as to why they've not been given much of a defence. It would be pretty pointless of OP to change his plea to guilty for those charges as he'd still have career damage with getting visa's etc. They were also saying that they think Roux has probably already approached Nel regarding a plea but Nel wouldn't have accepted one.

Do you mean a guilty plea on the gun charges? Or something more?
 
Well, I wouldn't agree that there should be a new law on the books for people with disabilities when they murder someone. If legs or limbs are disabled, they do still have their minds in most cases.

Quite a lot of disabled people would like to be able to get around as well as OP I'm sure.

On one hand, the defense wants to paint OP as paranoid where danger is concerned and as having a great deal of fear. On the other hand, it seems as if OP did not present himself as paranoid or fearful prior to the murder. He was Mr. Big, shooting a gun off in a restaurant and out the roof of a vehicle. He has shown quite a temper. Don't fearful and paranoid people go out of their way not to make anyone angry at them enough to hurt them?

IMO, this is all smoke and mirrors from OP and the defense to try to get a guilty man off. OP had it all, then became the ultimate spoiled famous person. Now he's lost it all because of his temper and his guns. He was judge, jury, and executioner for Reeva, but now he wants to be found innocent. He values his life; he just didn't value hers.

I hope Nel nails Derwin to the wall on Monday!

MOO
 
Do you mean a guilty plea on the gun charges? Or something more?

Sorry, I meant on the murder charge where they think Roux's approached Nel already.

Maybe that's the reason the DT don't seem too helpful regarding copies of witness statements etc? The SA attorneys that I've listened to don't seem to think this is a regular thing and that most would pass over their statements in good time to the prosecution so there has to be a reason for it.
 
Well, I wouldn't agree that there should be a new law on the books for people with disabilities when they murder someone. If legs or limbs are disabled, they do still have their minds in most cases.

Quite a lot of disabled people would like to be able to get around as well as OP I'm sure.

On one hand, the defense wants to paint OP as paranoid where danger is concerned and as having a great deal of fear. On the other hand, it seems as if OP did not present himself as paranoid or fearful prior to the murder. He was Mr. Big, shooting a gun off in a restaurant and out the roof of a vehicle. He has shown quite a temper. Don't fearful and paranoid people go out of their way not to make anyone angry at them enough to hurt them?

IMO, this is all smoke and mirrors from OP and the defense to try to get a guilty man off. OP had it all, then became the ultimate spoiled famous person. Now he's lost it all because of his temper and his guns. He was judge, jury, and executioner for Reeva, but now he wants to be found innocent. He values his life; he just didn't value hers.

I hope Nel nails Derwin to the wall on Monday!

MOO

Pretty much the way I see it too LaLaw:goodpost:
 
Well, I wouldn't agree that there should be a new law on the books for people with disabilities when they murder someone. If legs or limbs are disabled, they do still have their minds in most cases.

Quite a lot of disabled people would like to be able to get around as well as OP I'm sure.

On one hand, the defense wants to paint OP as paranoid where danger is concerned and as having a great deal of fear. On the other hand, it seems as if OP did not present himself as paranoid or fearful prior to the murder. He was Mr. Big, shooting a gun off in a restaurant and out the roof of a vehicle. He has shown quite a temper. Don't fearful and paranoid people go out of their way not to make anyone angry at them enough to hurt them?

IMO, this is all smoke and mirrors from OP and the defense to try to get a guilty man off. OP had it all, then became the ultimate spoiled famous person. Now he's lost it all because of his temper and his guns. He was judge, jury, and executioner for Reeva, but now he wants to be found innocent. He values his life; he just didn't value hers.

I hope Nel nails Derwin to the wall on Monday!

MOO

Post of the day, spot on.
 
OP's next door neighbor acted on his fears by sleeping with all doors (even inner) and windows locked and lights blazing throughout the house (verified by the Stipps). OP showed no security concerns at all beyond perhaps tasking Frank to lock the front door. He didn't have Frank remove the ladders outside or fix the broken window downstairs or check to see if the painters had left the outside security sensors/lights turned off when they left. Nada.
 
Sorry, I meant on the murder charge where they think Roux's approached Nel already.

Maybe that's the reason the DT don't seem too helpful regarding copies of witness statements etc? The SA attorneys that I've listened to don't seem to think this is a regular thing and that most would pass over their statements in good time to the prosecution so there has to be a reason for it.

Really? I guess they mean a guilty plea to culpable homicide. Well, he had his chance to do the decent thing right at the start and if he was truly sorry he would have.
 
OP's next door neighbor acted on his fears by sleeping with all doors (even inner) and windows locked and lights blazing throughout the house (verified by the Stipps). OP showed no security concerns at all beyond perhaps tasking Frank to lock the front door. He didn't have Frank remove the ladders outside or fix the broken window downstairs or check to see if the painters had left the outside security sensors/lights turned off when they left. Nada.

I noticed that the Professor wasn't asked about OP's home security measures considering how much weight he'd given to his other hyper-vigilant processes like where he sat in a restaurant or how his hyper-vigilance relates to OP's and his passengers lives being on the line when going fast in cars or boats.
 
From the link to the transcribed statement of OP, he did say he 'rushed' back to the bedroom.

He also said he was up and moving fans when he heard the first noise.

But I'm sure Prof D said today that he had 'heard' (from OP?) that OP was laying beside Reeva in bed, when he heard the first noise.

http://www.linguisticstatementanalysis.com/SOTM/Pistorius.pdf
 
Does anyone think that putting Derman on the stand was OP's idea?
 
Cannot wait for Nel to put Agen-Derman to the sword on Monday, frankly he deserves it.
 
Does anyone think that putting Derman on the stand was OP's idea?

It does make you think! I'd have thought Roux would have wanted to deal with whoever was the last witness so he could end on a high note but it's certainly not going that way now. Roux said before the psychiatric evaluation kerfuffle that there were only a couple more witnesses and he expected it only to be another day IIRC yet the Professor is about to spend his 3rd day on the witness stand and I doubt Roux would have wanted to lie to the judge about how much court time he was expecting. Somebody made the decision to add in more witnesses and after the Professor it wouldn't surprise me if they have to add in another few.
 
I am listening to this trial as it finishes...day by day and frankly I simply cannot believe it as I listen to this last witness talking about how people with "stumps" and all their special problems...going on and on including but not limited to having to have the remote nearby etc. This is just RUBBISH and I guess Nel is just letting it go although he did object yesterday and judge agreed. This guy has made maybe two or three points relevant to the murder and the rest is just RUBBISH. I'm sure the judge will just sort it out and disregard all this extra "woe is me for Oscar" testimony but I feel so bad for Reeva's family having to listen to this when their daughter is in the ground.
 
It is all very well SA holding trials in English and not Afrikaans, but there do seem to be language difficulties, i.e. understanding, syntax, grammar, etc. Neither Nel's English accent, syntax or grammar are always intelligible, the same as the rest, including the judge sometimes. I have done the full transcripts of some 6 witnesses to date and imo, obviously from a Brit's opinion, if not the most difficult, certainly one of the most.

is there a link to a transcription of OP in witness stand?
 
I would really be appreciative if someone could provide link to today's July 3 session 2 testimony...I can get 1 and 3 but not 2. Thanks.
 
Wayne Derman stated that Oscar Pistorius has developed from early childhood a dominating fight response because of his disability.

Let us examine this statement :

– Oscar Pistorius stated that he fled to a shopping mall parking lot to call a friend for help after someone in a black Mercedes on the highway had shot at him… this indicates a flight response.

– Peet van Zyl stated that Oscar Pistorius grabbed his arm as a frightened child after hearing what sounded like a gunshot in New York… this indicates a flight response.

– Wayne Derman stated that Oscar Pistorius has a fear of flying because he felt trapped, there is no way of escaping a plane… this indicates a flight response that could not be satisfied in case of a threat.

– Wayne Derman stated that Oscar Pistorius fell asleep whilst watching a movie with friends and was woken up by the sound of gunshots in the movie : Oscar Pistorius ran and took refuge in another room… this indicates a flight response.

On the night of the events, Oscar Pistorius was fully awake and inside his own house, but the expected flight response was inexplicably absent…

… Instead, Oscar Pistorius wants the Court to believe that he had a diametrically opposite exaggerated fight response.
 
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