Judges double Oscar Pistorius' sentence to 13 years, 5 months - 24. Nov. 2017

[mrjitty]

I searched back, and it seems beyond doubt to me that airplane mode was used, because we can compare to Reeva's phone (continuous connection to the tower)

The reason his phone went off network was because he intentionally took it offline. So to come back on line, required a human intervention.

it's a huge mistake in the prosecution case IMO

 

[JudgeJudi]

I only dimly recall the details now, but I think this was the biggest mistake in the prosecution case

It's true that apps can connect automatically to the internet if the phone is not in airplane mode or turned off. But IMO it was clear that the phone was in airplane mode, and thus human intervention was required

Which leads back to the elephant in the room. How the phone was removed from the crime scene, locked, and then denied to the prosecution.

I don't understand how that wasn't a bigger deal.

Especially I don't understand why the prosecution accepted that it was automatic activity. IIRC in discussions with Mr Fossil, it was clear that it was almost certainly human activity.

I think it was a big deal but this article explains why the prosecution were seemingly prepared to ignore everything to do with the phone. I don't think the elephant in the room was how it was removed, but rather it led to a person who could have sunk the case.

How Carl Pistorius dodged a charge | News24

 

[mrjitty]

I think it was a big deal but this article explains why the prosecution were seemingly prepared to ignore everything to do with the phone. I don't think the elephant in the room was how it was removed, but rather it led to a person who could have sunk the case.

How Carl Pistorius dodged a charge | News24

Yeah - this whole thing was a festering sewer

Far from being corrupt police trying to frame pisto, it seems more like a corrupt policeman helped him get off.

 

[Cherwell]

I still find it staggering that the judge never bothered to visit the crime scene.

 

[Estelle]

The clearly irritated Department of Correctional Services spokesperson, Singabakho Nxumalo, dismissed DM168’s queries about the potential parole of Pistorius. Since News24 reported last week that he was eligible for parole much earlier than anyone had guessed, the department has been bombarded by local and international media demanding clarity on the matter.

It was originally calculated that the he would only come up for parole in 2023, but it has now emerged that this failed to take into account the time already served in jail – 503 days – by the time the Supreme Court of Appeal handed him an extended sentence of 13 years and five months in 2017.

Read how he faces an uncertain future plus some unfortunate news re the Steenkamps.

REEVA STEENKAMP MURDER: What does the future hold for convicted murderer Oscar Pistorius after talk of parole eligibility?

From the above link:

Criminal lawyer Ulrich Roux told DM168 that the usual conditions for parolees would apply to Pistorius if parole is granted. These include having to check in with the Community Corrections Office regularly, potentially carrying out some form of community service, and being confined to home if not at work. It is also likely that he would be prohibited from drinking alcohol.

The athlete’s uncle, Arnold Pistorius, who supported him throughout his 2014 trial, has told You magazine that Oscar would return to live with Arnold and his wife Lois in Pretoria. The family lives in a palatial triple-storey converted rectory in the upmarket suburb of Waterkloof, which is where Pistorius stayed during the trial. Absent will be Pistorius’s siblings, who have since moved overseas: sister Aimée now works in finance in London, and brother Carl is pursuing business interests in Houston, Texas.

Is OP's father still alive? If so, where is he?

 

[JudgeJudi]

I thought I read some time ago that Aimee had returned to SA but I could be completely mistaken. I can't find anything about Henke. I don't think there's any love lost between father and son.

 

[JudgeJudi]

Is OP's father still alive? If so, where is he?

I can't find anything about Henke.

 

[mrjitty]

I still find it staggering that the judge never bothered to visit the crime scene.

I know. I forget where I read all this, but once you understand the actual size and layout of the bedroom, the contortions of the Dear Oscar's version become more obvious, in order for him to play around with all those fans and jeans, without ever looking at the bed

 

[mrjitty]

Something which made me remember about all this the other day

I went to bed about 30mins after my partner because I was watching a movie. She was asleep when I got into bed. Then much later, she woke up and stormed angrily into the living room shouting for me to come to bed. But of course I was in bed. She stormed into an empty living room with all lights off. I had to laugh.

Basically reverse Pistorius. She just didn't notice I was lying beside her when she woke up

But thinking back about all this after recent posts - the fundamental flaw in Pisto's version is that he not only needs to "not notice" she isn't in bed, but also, she has to not say anything .... i.e. be invisible from the story.

When pisto grabs his gun and starts shouting, all in this small room - how is it she doesn't even move, from where she is supposedly lying?

IMO if you actually recreated his version, in the room you'd see why it's impossible - like especially I'd like to see it in real time, based on his testimony, of how long these things supposedly happened, mapped to witness testimony

He has to be running around, screaming and shouting for some time - based on his own testimony.

Sigh.

 

[Cherwell]

I know. I forget where I read all this, but once you understand the actual size and layout of the bedroom, the contortions of the Dear Oscar's version become more obvious, in order for him to play around with all those fans and jeans, without ever looking at the bed

Yes, exactly. Just something else that stinks about the judge's, er, judgement. But I also wonder why the prosecution didn't insist on a site visit.

 

[mrjitty]

Yes, exactly. Just something else that stinks about the judge's, er, judgement. But I also wonder why the prosecution didn't insist on a site visit.

I always felt it was a shame the prosecution didn't have video footage of how directly the stipps overlooked Pisto's bathroom

 

[mrjitty]

As frustrating as the case was, in the end Pisto was saved at trial by a pure mistake by multiple witnesses, reporting the bat bangs as gunshots.

Without that quirk of fate, he never would have got off the murder rap at trial.

 

[JudgeJudi]

But thinking back about all this after recent posts - the fundamental flaw in Pisto's version is that he not only needs to "not notice" she isn't in bed, but also, she has to not say anything .... i.e. be invisible from the story.

When pisto grabs his gun and starts shouting, all in this small room - how is it she doesn't even move, from where she is supposedly lying?

And just for laughs there's this: Who could forget it.

Interesting Pistorius timeline as offered by donmack

 

[mrjitty]

And just for laughs there's this: Who could forget it.

Interesting Pistorius timeline as offered by donmack

LOL!

Forgot about that

 

[mrjitty]

Scanning over that blog I see the article from Ros Godlovitch Chappell is no more.

IIRC she had an excellent analysis on the timings, and the inconsistency of the defence needing a very short timeline for Reeva to spurt blood on the stairs etc, but also a longer timeline to fit in all the things that supposedly happened.

 

[JudgeJudi]

The Dept. of Correctional Services (DCS) has confirmed that OP has been moved from a correctional facility in Pretoria to a prison in Gqeberha [formerly Port Elizabeth].

DCS spokesperson, Nxumalo, said the move was part of a process in which OP is eligible for parole after serving half of his 13-year sentence.

"The transfer is necessitated by the need to commence with the processes of a victim-offender-dialogue as the victim’s family are based in Gqeberha. Offenders participate in the victim-offender dialogue as part of their rehabilitation path, wherein they are able to acknowledge the harm they have caused to their victims and the society at large".

He said the victim-offender-dialogue was an internal process. "Victim-offender dialogues are sensitive, emotional and inconsolable; hence they are presided [over] by highly trained officials who ought to ensure that all parties derive value from the process. DCS is unable to pre-empt the timeframe as this will be guided by the level of preparedness by all participants."

Link

 

[JudgeJudi]

Scanning over that blog I see the article from Ros Godlovitch Chappell is no more.

IIRC she had an excellent analysis on the timings, and the inconsistency of the defence needing a very short timeline for Reeva to spurt blood on the stairs etc, but also a longer timeline to fit in all the things that supposedly happened.

All I could find were these:

I think the first one was a really good analysis and for the life of me I don't know why Nel and his team weren't all over his testimony on this.

Oscar Pistorius: killer lies. Will this little detail nail him for murder? - BizNews.com

Oscar Pistorius: I know what really happened – Biznews.com

 

[mrjitty]

All I could find were these:

I think the first one was a really good analysis and for the life of me I don't know why Nel and his team weren't all over his testimony on this.

Oscar Pistorius: killer lies. Will this little detail nail him for murder? - BizNews.com

Oscar Pistorius: I know what really happened – Biznews.com

Agreed - it was the first one i was looking for.

I think as you know from your own work, the state were never over the timeline properly, and they made a strategic decision not to focus on that.

Not that it should have mattered. The timeline the Judge accepted made no sense, so she just chucked out half the Stipp's evidence despite them being the best witnesses and the ones who actually heard/saw both sets of bangs.

 

[JudgeJudi]

All these years later and I'm still sleuthing this case. I'm looking forward to his release to see the public's reaction. How long will he hide away in Uncle Arnie's mansion? I read that he wanted to go to Mozambique but that country doesn't take convicted felons, but Uncle Arnie may be able to bribe someone to make an exception for Dear Oscar. I hope not.

 

[mrjitty]

I find it crazy he can be paroled without admitting what he did.