The law may be complex - this case was not.
With all due respect to the highly intelligent, very gracious and informative Prof. Grant, how could he possibly know what goes on behind the scenes - especially in such a high profile, ultra-high stakes trial? On what basis can he prove that no outside influence, no corruption is in play? He can’t. Corruption cannot be ruled out simply because the thought is uncomfortable.
Bad case law does not deserve respect.
Bad verdicts do not deserve respect.
Bad sentencing does not deserve respect.
Bad precedent does not deserve respect.
Bad logic does not deserve respect.
If a judge is guilty of one or all of the above, they are undeserving of respect.
Legal complexity does not excuse any of the above. It is a judge’s job to cut through complexity.
Judicial naivety does not excuse any of the above. Judges should be the
least naive among us, as judging the vast scope of human behavior is their stock in trade. A naive judge is a dangerous judge, as s/he does not deal in reality; such a judge should not be sitting in a court.
Judges, rightfully, are held to the highest standards.
Masipa has massively failed to live up to those standards.
She did not make genuine ‘mistakes’ - she appeared to be profoundly, inexcusably, willfully ignorant in the service of blatant bias. Honest mistake explicitly implies a result one did not consciously intend. Sure, one or two small, honest mistakes here and there are excusable but her multiple, catastrophic “mistakes” are alarming; worse, they’re downright suspicious, as they all point to a directed, predetermined outcome.
She copied-and-pasted highly selective bits of testimony and evidence (and ignored the rest) to create certain “facts” favorable to the accused, without offering sound, detailed rationale for doing so, or in some instances, no rationale whatsoever.
A judge in not entitled to create an alternate reality.
Judicial bias, incompetence, corruption, naivety, willful ignorance, whatever.
Whether one kills with a hammer or a 2x4 is irrelevant - the result (verdict) is the same.
In light of Masipa’s previous harsh judicial rulings in rape and murder cases, the collective outrage and shock at her verdict from so many quarters (most especially the legal community) sends up a
red flag that something is very wrong.
Masipa flagrantly ignored / misapplied the law.
She utterly failed in her duty to apply common horse sense to the most basic facts.
Logical inference of OP’s subjective intent to murder via plain facts seemed beyond her grasp.
She declared Oscar to be a “poor” witness - evasive, lying, argumentative, negligent, unreasonable.
She essentially trashed the State’s case wholesale, along with highly credible ear witnesses (all essentially telling the same story) and strong forensic experts.
Yet she had NO problem with Defense’s dismal parade of generally amateurish, unprofessional, unqualified, unprepared, clearly biased, impromptu, thoroughly discredited witnesses ... and she swallowed OP's endless "untruths", contradictions and bizarre, irrational actions like sweet gummy bears with her break time tea.
She was willfully blind to everything that didn’t further her mission:
Dr. Stipp - that “mistaken”, “unreliable” State ear witness - suddenly became her favorite witness of all! His
highly credible eye-witness observation that Oscar cried, howled, puked and pleaded with God was hard “proof” he had no intent to murder Reeva. The fact that humans cry, howl, puke and plead to God for a plethora of other reasons amazingly never crossed her mind.
Lying, pathological killers come to mind.
(Remember Susan Smith* who murdered her own children, blaming a phantom "carjacker/kidnapper", weeping and wailing at every press statement and interview? Oscar could have taken lessons from her. While there are obvious factual differences in the two cases, the similarities in certain crucial aspects are stunning.)
All Masipa could see or wanted to see was “remorse”.
In fact, "remorse" was the ONLY thing that could set him free ... because the law sure as hell wouldn't do it.
Seriously, what are the chances of getting it ALL wrong at every level (except Tasha’s)? The perfect storm of judicial fail.
What is the reasonable person (whether professional or layperson) to believe other than undue influence from higher powers and/or outright corruption most likely controlled her verdict?
Judicial bias, incompetence, corruption, naivety, willful ignorance, etc. should never be excused, tolerated, justified, disguised or glossed over as “respect”.
Such gross judicial offenses fly in the face of justice, make a mockery of the rule of law; they condemn the innocent and set the guilty free - they should be aggressively rooted out and set ablaze.
While I respect the
position of judge, each individual judge must EARN respect.
Masipa has FAILED.
*
https://en.wikipedia.org/wiki/Susan_Smith
Here's two clips of the "broken", "grieving", "weeping" killer mom, in front of news cameras, right after the incident and one week after. Notice her closed eyes and dry “tears” (I'm lying) ... exactly like OP refused to look Nel in the eye (I'm lying).
http://www.youtube.com/watch?feature=player_detailpage&v=LcVoQ7pzHaE#t=49
http://www.youtube.com/watch?feature=player_detailpage&v=LcVoQ7pzHaE#t=614
The full documentary (43 min) is well worth watching.
American Justice : The Susan Smith Story - A Mothers Confession
http://www.youtube.com/watch?v=LcVoQ7pzHaE
