Australia - Warriena Wright, 26, dies in balcony fall, Surfers Paradise, Aug 2014 #9

[Elde Fruit]

And how do any of us know that he wasn't the one being "psycho" as he accused WW of, and putting on a show and building up his alibi all the while with intent to kill her and have it all nicely taped for his cheap thrills?

We don't, and that is the point. Neither does the Jury. Not guilty.

 

[ninij9]

Well in the last few days we have learned that anyone can live or dump stuff on your balcony, because it legally isn't yours AND anyone can say anything threatening they like to you without if constituting any form of fear. Go figure.

If I was homeless I'd be in that right away[emoji57]

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[CleverKnot]

Delusional, yep, I'd say he is. JMO though.

So he actually thought he was hiding her away there on the balcony to do evil things to later?

Really?

 

[PrimeSuspect]

There is no suggestion she had a mental illness.

I was appealing for someone to come forward, and explain what it is like to be put in the position to control a situation that was physically out of hand. It was an easy reference, and hopefully someone, other than myself, could relate what that is like in the context of a male/female dynamic.

I tried several references, like bouncers, but got the typical unrelated responses that a bouncer doesn't put people on the 14th floor. No, but they do rush them to the nearest exit.

IMO, Tostee threw Warriena out onto the balcony because she was demanding her phone and threatening to call the police. If he didn't gain control of the situation, Warriena could have fled through the front door, once she was out there, he had no control.

 

[ninij9]

That question heavily favors Gable IMO. if they can't use language and there was no proof of weapon how will they convict him of murder?

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Unless they were considering HER words and behavior? Then it's wonderful as she posed no viable threat to him. (One can only hope)

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[SouthAussie]

I was not the one claiming she absolutely had no other choice, and then later said she wasn't thinking clearly.

It may take many more threads to unravel that logic.

And neither am I. Have never said she had no other choice. What I said is she was under his control, and she fled in terror from that control.

Please don't put erroneous words in my mouth.

 

[SouthAussie]

So she's allowed to act completely irrationally but GT is expected to act in the most logical and thoughtful of ways?

He is the one on trial. Not Warriena.

He hid out until his alcohol level was unreadable with any accuracy, if you remember.

 

[BigT]

I don't think he was playing out a master plan either....

But I still think in the situation, he used unreasonable force, by locking her on a balcony. I don't care what the judge says - the balcony is another room (with no exit when the door is locked). He did an incredibly stupid thing.
W - a person with a BAC of 0.17 (and affected accordingly) was much smaller, physically. I get that he was pissed off, but I really doubt he was truly in fear of his life.

As an aside, what happens if you are on a jury and you disagree with something like the judge's definition of what constitutes the property? Because that could really affect the outcome. Using the judge's logic, the balcony is community property like the hallway area outside the individual apartment doors? That is just f___d.

Firstly you don't get to disagree with the Judge. Judge said that to force her on the balcony was to remove her from the unit. No one has said the balcony is community area..... You may consider GT used unreasonable force but what you are asked to conclude is that the force used, had W, in her reasonable thoughts, compelled to take the only action she thought safe for her, which was to climb over.

 

[Elde Fruit]

I don't think he was playing out a master plan either....

But I still think in the situation, he used unreasonable force, by locking her on a balcony. I don't care what the judge says - the balcony is another room (with no exit when the door is locked). He did an incredibly stupid thing.
W - a person with a BAC of 0.17 (and affected accordingly) was much smaller, physically. I get that he was pissed off, but I really doubt he was truly in fear of his life.

As an aside, what happens if you are on a jury and you disagree with something like the judge's definition of what constitutes the property? Because that could really affect the outcome. Using the judge's logic, the balcony is community property like the hallway area outside the individual apartment doors? That is just f___d.

BBM. I have never seen it happen......but.....nothing would prevent that Juror telling the Judge exactly that, and he would boot them out.

 

[CleverKnot]

Imo, Tostee's only concern was Warriena calling the police. Tostee could come up with a pack of lies for his neighbours, they're not an issue for a young guy.

So in that theory, none of the neighbors call the police for her, or because of her.

 

[CleverKnot]

And how do any of us know that he wasn't the one being "psycho" as he accused WW of, and putting on a show and building up his alibi all the while with intent to kill her and have it all nicely taped for his cheap thrills?

How on Earth could he have predicted she would go off the balcony, and then not make it to the balcony below.

 

[Tortoise]

'Custom User Title' in Settings > Edit Profile

Now I'm really laughing with your new avatar too. Thanks, I needed that, just looking at the line up below.

 

[ninij9]

Correct. He's no longer in control of her physically. There is a pane of glass between them. Was that her only course of action from that point on? Straight to the last resort?

Who's to say that he wasn't then going to grab a phone and call the police? Or gather up her things to give to her? Or breathe on the glass and write sorry?

No way. He's a man, therefore he was menacing and planning further torture. Reality isn't as black and white as it is on TV.

He didn't call police. He called a lawyer. He didn't gather up her things he told her she was leaving without her belongings. He told her to listen to what he was going to do. Including slamming the door on her, or knocking her out. We don't need to get inside his head during the last 6 minutes. He vocalized his intent, clearly with no stutters or slurs EXACTLY what he would do.

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[fairydust]

This is the first of many posts that suggest there was a mental illness.

There are two known facts that support this hypothesis.

 

[CleverKnot]

I don't think he was playing out a master plan either....

But I still think in the situation, he used unreasonable force, by locking her on a balcony. I don't care what the judge says - the balcony is another room (with no exit when the door is locked). He did an incredibly stupid thing.
W - a person with a BAC of 0.17 (and affected accordingly) was much smaller, physically. I get that he was pissed off, but I really doubt he was truly in fear of his life.

As an aside, what happens if you are on a jury and you disagree with something like the judge's definition of what constitutes the property? Because that could really affect the outcome. Using the judge's logic, the balcony is community property like the hallway area outside the individual apartment doors? That is just f___d.

What are the optics of him locking her away in a room? Trying to kidnap? Trying to rape? Is there any way he can explain that away, even if his intentions were 100% pure?

Highly unlikely.

It's likely the fact he didn't shove her out on the balcony, where people could hear her, would then be used against him here.

 

[guruagain]

IMO, Tostee threw Warriena out onto the balcony because she was demanding her phone and threatening to call the police. If he didn't gain control of the situation, Warriena could have fled through the front door, once she was out there, he had no control.

Especially as he had just choked her.

 

[BigT]

It's pretty clear that a lot of WS'ers want to see GT in the slot. The same is probably true for some jurors...but it should not interfere with the conclusion. Both these families are changed forever, particularly WW's. Both these young adults made poor choices, a string of them actually, and many people's lives will never be the same. If jury is hung, prosecution will have to try the matter again. Will they do it differently?

 

[CleverKnot]

IMO, Tostee threw Warriena out onto the balcony because she was demanding her phone and threatening to call the police. If he didn't gain control of the situation, Warriena could have fled through the front door, once she was out there, he had no control.

I suspect he realized that at 2 am, the neighbors were going to call the police instead. In fact, he may have been counting on it.

 

[ninij9]

You are right. It's not disputed that she was locked on the balcony. There is also plenty of evidence she was terrified. But there is no evidence that he was in control, or that she was terrified of him. She could have been terrified because she thought he was going to leave her on the balcony all night when she wanted to go home.

If he removed her to balcony and locked door, how was he NOT in control? No snark I swear, just curious on your take on that.

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[insidecircle]

Especially as he had just choked her.

That can't be concluded. Speculation of choking sound. Pathologist found no evidence of trauma. That is reasonable doubt.