awaiting sentencing phase

[sleuth-d-]

This reminds me that we have already had one member write a list of people who could speak on OP's behalf before sentencing so whom do you think will speak on RS behalf?

Gina Myers
Kim Myers
Cecil Myers
Darren Fresco
Reeva's cousin
Warren Lahoud
Sam Gruyvenstein?

I think it would be good for Reeva's parents to talk too but they claim they are not going to be there.

Who else?

i think divaris would be an interesting one... to see which side he now leans towards.

 

[Sherbert]

''On the eve of her death, she was not only excited about Valentine’s Day but she was ecstatic about meeting a group of young kids from an underprivileged school to share her life story with...She couldn’t sleep that evening and we kept on texting one other to and fro about her excitement about the project the next day,” Majola said.

http://www.thenewage.co.za/mobi/Detail.aspx?NewsID=118569&CatID=1007

Majola was Reeva's publicist. It would be very interesting to know the times of those texts and what they said. It certainly sounds as though Reeva was in a happy mood, unable to sleep for excitement. Does this mean that everything was hunkydory until the row kicked off later on? Was OP already asleep when Reeva was texting? Did Reeva sleep in the spare room? We need answers!

 

[Lux et Veritas]

James Grant @CriminalLawZA Oct 2
@MizQue @sudz_dbn @barrybateman This is going to sound crazy - but the rule against double jeopardy only holds if one was in jeopardy 1/

James Grant @CriminalLawZA
@MizQue @sudz_dbn @barrybateman I can see an argument being made that OP wasn't in jeopardy on murder because of JM's possible errors. 2/2

 

[Mr Fossil]

''On the eve of her death, she was not only excited about Valentine’s Day but she was ecstatic about meeting a group of young kids from an underprivileged school to share her life story with...She couldn’t sleep that evening and we kept on texting one other to and fro about her excitement about the project the next day,” Majola said.

http://www.thenewage.co.za/mobi/Detail.aspx?NewsID=118569&CatID=1007

Majola was Reeva's publicist. It would be very interesting to know the times of those texts and what they said. It certainly sounds as though Reeva was in a happy mood, unable to sleep for excitement. Does this mean that everything was hunkydory until the row kicked off later on? Was OP already asleep when Reeva was texting? Did Reeva sleep in the spare room? We need answers!

Check out the Timeline, there are 3 entries for her publicist for 12/13 Feb. Agree about the texts. I have this in the Theory as part of what Reeva is up to that evening (just need to get some assurances about putting it back up again).

 

[Mr Fossil]

James Grant @CriminalLawZA Oct 2
@MizQue @sudz_dbn @barrybateman This is going to sound crazy - but the rule against double jeopardy only holds if one was in jeopardy 1/

James Grant @CriminalLawZA
@MizQue @sudz_dbn @barrybateman I can see an argument being made that OP wasn't in jeopardy on murder because of JM's possible errors. 2/2

I thought a person was considered in jeopardy simply by being tried for murder.

 

[Lux et Veritas]

Mr Fossil, many thanks for replying to my queries. I feel that your theory is very plausible, but I still feel that OP locked Reeva in somewhere or out of somewhere, so that she didn't have access to her phone and other belongings, including car keys.

I also feel that the row was brewing before she returned to OP's house and that, if she'd had her phone, she'd have called one of her friends or even her mother to let them know what was happening, as she did when OP was driving recklessly.

I read somewhere that she cancelled her planned attendance at an event with her jewelry sponsor, Sivana Diamonds, scheduled for the evening of 13 Feb, but that report could be misleading.

Brilliant observation, Sherbert! When she called her mom, she was clearly afraid for her life at the hands of OP’s maniac driving.

Wouldn’t she be even MORE terrified when OP was chasing her / screaming (Get the F out of my house!) / breaking down the bedroom door / threatening her / bashing the bathroom and toilet door with a cricket bat?

Wouldn’t she be even MORE inclined to instantly call police/mom/friends for help?

That her phone had zero calls for help is extremely suspicious - honestly, who wouldn’t call for freakin help with a cell phone in their hands?!

This is a powerful indication that she did NOT have her phone with her in the toilet.

As the speeding incident proves, Reeva clearly had no qualms about calling for help if she thought she was in danger.

Going with the no-phone scenario, it makes perfect sense that she opened the window in the toilet (OP later closed it) and screamed for her life - she had no phone.

 

[PrimeSuspect]

James Grant @CriminalLawZA Oct 2
@MizQue @sudz_dbn @barrybateman This is going to sound crazy - but the rule against double jeopardy only holds if one was in jeopardy 1/

James Grant @CriminalLawZA
@MizQue @sudz_dbn @barrybateman I can see an argument being made that OP wasn't in jeopardy on murder because of JM's possible errors. 2/2

Hmm, so OP was charged with murder, JM's judgment described his actions as second degree murder but her verdict/result became CH, so he was not in jeopardy on murder? :scratcheshead: What's the state's case though, they wanted pre-med murder>murder, so wasn't he then in jeopardy?

 

[Lux et Veritas]

In what way did OP improve his denial by giving evidence? He could not have been a worse witness. So the implication is that even if OP had NOT given evidence and just relied on the evidence of his emotional state immediately after the killing AND his statement at the bail hearing this Court would have acquitted him of murder --- as he was NOT a "credible and reliable" witness in giving evidence. I find this very scary indeed.

- ProJusticio [Judge Greenland]
http://www.news24.com/MyNews24/The-Problem-with-the-Oscar-Pistorius-Judgment-For-Dummies-20140928

Scary is an understatement.

Masipa’s ruling reeks of in-your-face bias.

If OP was NOT a credible and reliable witness, doesn’t the law require his testimony to be discarded as if it did not exist? (Seems I remember one or more SA legal eagles discussing exactly that?)

Absent any credible evidence from the accused to lawfully claim PPD - wouldn’t the court be compelled to rule in favor of the State’s prima facie murder case?

The effect of false testimony by the accused is usually equivalent to his giving no evidence.

S v Mtsweni 1985 (1) SA 590 (A)
S v Potswana 1994 (1) SACR 159 (A)

http://en.wikipedia.org/wiki/Criminal_procedure_in_South_Africa#Contested_trial

 

[mrjitty]

This has been my point all along. GPRS is an 'always on' service so for the GPRS profile we're seeing on OP's 0020 phone it suggests that someone is switching the phone off and on (or using Airplane mode, as I suspect he does). If he had Wi-Fi we wouldn't see this at all. I wrote to Moller explaining this at the end of August and provided early versions of my tables. I'm hoping someone like Barry Bateman can get me access to Moller's actual data so that I can add more accuracy.

If we look at when GPRS is off:

When he's with Reeva unless on his own (e.g. when he comes in after finishing call to Jenna, avoiding receiving embarrassing communications)
Between 22:30 and midnight (I think he's using WhatsApp and Reeva is downstairs working etc. if you recall my theory)
01:48 (WhatsApp, Reeva asleep, wakes?)
03:22 (Baba has put him on his back foot, he didn't expect/want a reply, he didn't mean to dial Security - see my prev post on this)
03:31 (left alone in house when Stipp and Carice go outside to talk to Netcare, checking for message?)
03:53 (when he goes upstairs to fetch Reeva's bag)

Suspicious or what?! Times may vary slightly (see charts for ranges of possible times)

Unless I've got this completely wrong this should have been presented in court.

Then add: where's the 20:10 -20:25 GPRS connection for the Binge WhatsApp exchange?

I don't think this was an Apple issue. It's about understanding what the GPRS connection is all about. I think Moller has data confused connection with data transfer. The latter requires the former, the former doesn't imply the latter. Reeva's bill would have been astronomic if she'd been transferring data all day!

What do you make of the fact that each of the 3 data connections seems to be a touch over 5mins?

Just coincidence?

 

[mrjitty]

Some further info on this

Some people put their phone into airplane mode to save on battery, to save on data, or not to be bothered by incoming messages.

As far as I can see, there is nothing that would take your phone automatically out of airplane mode.

Really the only reason to have no signal is

1. Out of coverage
2. Airplane mode
3. Phone switched off

 

[Mr Fossil]

What do you make of the fact that each of the 3 data connections seems to be a touch over 5mins?

Just coincidence?

I noticed that too. A bit like the call from Carl earlier too. Perhaps that's OP's attention span?! Seriously, I think it must be coincidence if he's on WhatsApp. I can't think of anything 'automatic' that would run and take that long each time. Emails are much faster. And I maintain he has to have activated his phone for the GPRS connection to be established.

ETA: Unless OP was sent a video on WhatsApp, that he watches three times? He'd definitely want it deleted! But then there's no need to take the phone out of Airplane mode ...

 

[mrjitty]

I think two things go against an App initiating a 3G connection


1. I can't find such an IoS app so far.
2. If one existed - wouldn't the gaps between connections be exactly the same?

Also - it is not just the data was deactivated - it was that the cellular connection was deactivated (i.e. aerial turned off).

So not only did the App need to establish its own connection - it needed to turn it off again as well.

This seems highly unlikely and I am amazed that Moller didn't simply look at what Apps were on the phone and how it was configured?

 

[mrjitty]

All I can find is this App

http://www.idownloadblog.com/2013/02/16/airplanescheduler/

You can schedule to go into Airplane mode and come back out of it. e.g. go into AP mode at 9pm and come out at 7am

But it is hard to see why OP would have programmed that crazy schedule.

Otherwise an App that comes out of AP mode makes no real sense because what can it be triggered by?

 

[JudgeJudi]

This photo is from Lisa's latest blog.

http://juror13lw.wordpress.com/

 

[JudgeJudi]

http://resources1.news.com.au/image...3569-8767fd7e-a02d-11e3-a562-7581a373430e.jpg
http://www.youtube.com/watch?v=3BFuZhq7NDM
see how when targeting the hand is raised to eyeline... above shoulder height.
also the shot mangena used for these measurements was the miss [either shot 2 or shot 3]...
notice how the gun rears up after each shot, and that op's first shot into the door was a little lower - subsequent shots were higher.

i looked at the distance and the angle, and mangena's measurements of op. it looks to me like both options are equally possible [on prostheses, or on stumps - and there are so many variables; angle of grip; leaning forward; leaning back; one-armed shooting; bent elbow; leg bend].

it was also possible to place op firing one-handed with his non-firing arm/hand against the back wall.

so imo inconclusive... it could have been either way to me - stumps or prostheses. it did surprise me that mangena chose one option, i.e. was so sure to put that shots were fired by op on stumps.

He commented, towards the end of his testimony I think, that it was possible OP was wearing his legs. I think he was merely going along with Vermeulen's theory that he was on his stumps as that's what the state's version was at the commencement of the trial.

 

[JudgeJudi]

BBM .. the thing for me that makes me believe that OP was wearing his prostheses was that Mangena said that, on his stumps, he would've put his arms straight out directly in front of him (I'm picturing Mangena showing this to the court with his own arms) .. so, if OP was on his stumps that might work and be the right height for the holes in the door. The only thing is that OP himself said that he did not have his arms straight out like that and that he had his arm bent, in which case, if he was on his stumps that arm would be too low to have placed the holes in the position they were in the door and therefore if we go by OP's testimony, i.e. shooting with a bent arm (and it was really quite bent, Roux made him go into quite some detail on this, I remember .. he had him with the top half of his arm by his side and just his forearm towards the front pointing the gun) then he has to have been on his prostheses in his version, he cannot possibly say he was on his stumps AND have a bent arm like that, the measurements do not add up. As I said before, Mangena only had him on his stumps if he had his whole arm outstretched, but according to OP that was not actually the case.

I still believe he had his arm outstretched as that's the way he would have been taught. People with training in the use of firearms are not trained to use a bent arm.

 

[sleuth-d-]

I noticed that too. A bit like the call from Carl earlier too. Perhaps that's OP's attention span?! Seriously, I think it must be coincidence if he's on WhatsApp. I can't think of anything 'automatic' that would run and take that long each time. Emails are much faster. And I maintain he has to have activated his phone for the GPRS connection to be established.

ETA: Unless OP was sent a video on WhatsApp, that he watches three times? He'd definitely want it deleted! But then there's no need to take the phone out of Airplane mode ...

bbm
good call re: the consistent connection times and possible repeat viewing of a video.
there is no need to take the phone out of airplane mode for whatsapp video... however the phone DOES need to be taken out of airplane mode to watch a skype video.

 

[Lux et Veritas]

Spring cleaning is obviously being undertaken by someone. None of these pages exist any more.

http://www.mirror.co.uk/news/world-n...d-boys-2217207

http://www.telegraph.co.uk/news/worl...ainst-him.html

http://www.dailymail.co.uk/news/arti...#ixzz2d3sLlqlg

http://www.dailymail.co.uk/news/arti...#ixzz2d3uAPs25

The shortened websleuths links (indicated by "..." in the middle) were copied and pasted and won't play nice! LOL

Here's the full links

http://www.mirror.co.uk/news/world-news/oscar-pistorius-athlete-wanted-boys-2217207

http://www.telegraph.co.uk/news/wor...at-central-piece-of-evidence-against-him.html

http://www.dailymail.co.uk/news/art...hter-Oscar-Pistorious-time.html#ixzz2d3sLlqlg

http://www.dailymail.co.uk/news/art...hter-Oscar-Pistorious-time.html#ixzz2d3uAPs25

 

[JudgeJudi]

James Grant @CriminalLawZA · 9h 9 hours ago

Crux of the problem with dolus eventualis: it requires that one can know that something may happen, and simultaneously that it won't.

 

[Mr Fossil]

All I can find is this App

http://www.idownloadblog.com/2013/02/16/airplanescheduler/

You can schedule to go into Airplane mode and come back out of it. e.g. go into AP mode at 9pm and come out at 7am

But it is hard to see why OP would have programmed that crazy schedule.

Otherwise an App that comes out of AP mode makes no real sense because what can it be triggered by?

Good find but it's for a jail broken phone only and, as you say, a programmed schedule doesn't reflect what we are seeing