Theory Thread - What happened at Pistorius' house on the night of Feb. 13, 2013?

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Thanks for this. It interviews Nick van Der Leek. Whilst it's all speculation, he gives his take on how the argument probably started. I bought one of his e books a couple of weeks ago to read his motives scenario. The book account is very plausible and definitely worth the 80 pence or so.

I'm not sure about Nick's explanation of Shot A being aimed at the phone in her right hand to stop her calling the cops- how could OP be sure it was held at that height in her right hand?
However IT IS perfectly plausible that she was indeed threatening to call the police, this is why he armed himself but she didn't manage to carry that out.... or indeed hesitated.*

But if Nick's right I speculate that she would not have known that her telling him she was about to call would be the worst thing she could say to a man like OP, the hair trigger for him that would send him over-the-edge.

Whilst she thought "I'll call the police" would make him stop, she did not know him well enough to know that brand protection/covering up the real OP had been an over-riding 'neurosis' for OP for many years.
I suggest if you warn someone ur calling the police it's cause you think u have a chance to try to just calm the situation down, otherwise you just call them and say nothing.

*hesitation: it's just before her new reality show aired and she is on the verge of a new exciting career - there's no way she would want the cops and publicity IF it could,at all, be avoided. Don't misunderstand me - obviously she'd rather call the cops, risk the bad publicity than be assaulted by this lunatic.

Your insight & suggestion with regards to possible "hesitation" in RS phoning police immediately really makes sense. Certainly Reeva didn't want the negative PR that would unfold upon getting police involved. And as you suggested, she certainly didn't think OP was going to actually kill her at that point in time (or she would have dialed anyone & everyone instantly - if still in possession of her phone).

Very strong possibility this may be exactly why she hadn't yet phoned police. If she in fact had her phone still. Too bad she didn't at least call a close friend, screaming about OP's tirade and being trapped in house/bathroom... Sadly, it would not have saved her life, but it would have helped in bringing justice to her murderer.
 
I'm in agreement with regard to Dixon damaging the DT's case - not sure what the issue is there?

I don't believe that additional expert witnesses for the DT would have been that beneficial. The state ballistics expert and bat-man didn't exactly damage the defendants case, and in some areas it strengthened it. The ability to hear sound at a specific level that morning has been covered fully, so the majority of things which may not have been covered are those which have been threaded into 'theories' on here, which are merely speculative. Inferences will not be drawn from speculation, so from the judge and her assessors perspective none of this will matter when reaching a decision.

My take on the idea of reproducing a scream the same as it was in such a situation is that it's impossible, whether male or female. For that reason I would never expect somebody to attempt this. I don't understand why Roux suggested that OP was going to replicate this in court (I'm assuming he meant OP and wasn't referring to the neighbour) but I certainly wouldn't expect or advise anyone to try this. If he did scream that morning and could not achieve a reproduction of that anguish then he would have unwittingly incriminated himself, even if he was telling the truth. You'd be a fool to take such a gamble. If you are genuinely innocent regarding an aspect of the case, you should never ever gamble to prove your innocence.

I believe the judge will take a similar view with regard to the replication of a scream, and as much as some may have liked this to happen for a bit of 'good TV' I don't think this will be essential towards the outcome.

You are correct.

The 4 corroborated and credible witnesses provide all the required evidence as per the sex of the person screaming and the nature of those screams for Masipa and the assessors to make a very safe and reasonable inference that Reeva was screaming in terror prior to being shot and that OP must have been fully aware of who was behind that toilet door.

The purely theoretical deconstructed evidence of averages, suppositions and estimates from the Defence's sound engineer does not refute nor contradict the 4 corroborated witnesses.

Your point of view on not gambling to prove one's innocence is very sound indeed and makes a lot sense…

However, Roux, a reputable experienced high-priced attorney, DID in fact state in open Court (on more than 1 occasion IIRC) that the Defence WOULD demonstrate and prove that OP can scream with a woman's voice and therefore, the 4 witnesses were simply mistaken.

As it turns out, Roux NEVER presented this more than crucial evidence… and his submitted reason for not doing so was beyond ludicrous and very much laughable.

… I was surprised that Roux did not furnish some similar explanation for the "double-tap" version submitted during Mangena's cross-examination and the subsequent U-turn to "rapid succession"… usually, Defence attorneys go from somewhat vague allegations to more precise allegations as the Trial progresses, NOT the other way round !!

:hilarious:
 
Did Reeva use a laptop to work on her contract(s) that afternoon e.g. via a personal hotspot on her iPhone (I don't think OP had wifi)?
 
On a less serious note this one's for Jay-Jay & Lux as it might raise a laugh....

You'll be pleased to know that from Oscar's last tweet on 11.8.14 he received 11 positive replies.
Just in case he's actually just testing the waters by tweeting (gauging post trial public perception) that's 11 respondents out of his quoted 365,000 followers on twitter.... and two of those were the white balloon ladies and they don't count as they are still on the payroll.

And worse still, it's 3 less supporters than the number that replied to his " a few words from my heart" on 14.2.14 anniversary announcement.
Oops he just lost another 3 ?

As Nel would say "It's just not working Mr.Pistorius"

(As you can probably tell I don't use twitter so I've no idea if he can wipe off the abusive responses he must be getting even if just from trolls. I appreciate not all of the 375k were genuine admirers of his.)
 
Shooting somebody to death seems an unusual approach to avoiding negative attention and police involvement in your life.

True. But I believe that OP never, ever thought he would be held accountable for his actions. Just look at his past antics. :moo:

ETA: I'm so glad I finally found y'all.
 
Thank you 808 for this link. You're correct, it is very informative.

After reading this, my thoughts are that OP should have argued "crime of passion". Although it would still be murder, but murder "without malice aforethought" (I think it said 15 yrs max sentence). It can be considered when anger, rage take over and you act without thought. Which is what I believe took place (at least during part of it - except OP knew exactly what he was doing). OP went ballistic, terrifying her with cricket bat welding - breaking tiles, metal plate on tub, etc. And then when RS threatened calling police (as cottonweaver suggested), he really lost it and decided he had to end this now, as "his life" would be irreparably damaged otherwise.

Of course, OP would NEVER want to "settle" for 15 years, or any murder conviction. As his Uncle stated after closing arguments, he is eager for OP to be exonerated and "get back training for the Olympics". (I have no words for this righteous family). I am guessing the "worse case scenario" Uncle A is predicting is CH - but with no jail time, as Oscar has been traumatized enough by the loss of his loved one Reeva, and therefore jail time not necessary as he is suffering terribly already.

Exactly, 4MrsB. However remote the possibility, the mere thought of a verdict of CH with only probation (or whatever they call it in SA) terrifies me.

First, can you imagine the backlash My Lady would receive?! Second, I simply cannot comprehend any scenario where she would actually hand down this verdict - not given her aggressive anti-violence against women stance and harsh past rulings for such crimes ... such a half-baked sentence would be out of character for her.

Another thing we must keep in mind is that, while she has the final say, two assessors are crucial parts of this verdict. :D Let’s hope that they are both extra-sharp and don’t miss one thing. Among the three of them, I don’t see how they could fail to deliver at least a murder verdict - and I’m betting Nel’s case is strong enough and Roux’s case weak enough, it will be premeditated murder.

And Uncle Arnold? Gah! We don’t have to wonder where OP gets his arrogance and attitude - the entire family is wormy with it.

Yeah, we’re sure Leah Sky Malan (or the latest flavor-of-the-day) is very kindly helping OP through his “trauma”, along with fun vacations with his buddies. The guy is a toxic toad.

I imagine OP’s next “Olympics” (is the guy really that deluded???) would NOT be quite as warm and fuzzy as 2012. LOL I guarantee you no one would risk their brand or career by rooming with him or associating with him off track. He’d be persona non grata. His glory days are OVER.
 
I know it's twisted but I was just thinking - ooh I wish Lois Pistorius would join WS! Anyway just had a glance at her Twitter account out of pure nosiness and found this.....

https://twitter.com/loispistorius
Barry Roux re-tweet
"If you think its your alarm clock that wakes you every morning, try putting it next to a corpse and understand
the Grace of GOD"

Can anyone explain that?:facepalm:

https://twitter.com/MrBarryRoux/status/499777767693901824
edit : SORRY FOLKS, for some reason she has retweeted form the BR parody account. Weird.
 
The core, inherent aggression factor in the unrelated story below is very strikingly similar to the heart of the OP murder trial.

It’s further evidence in my mind that OP was a hidden land mine - Reeva happened to be in the wrong place at the wrong time with the wrong guy (had it not been her, it would have been some other woman).

In my view, the five traits below are self-explanatory with regard to Oscar Pistorius.

Given his personality, history and coverups by media/family to “protect” him (and themselves) from his misdeeds, it’s really no surprise he finally crossed the line.

Such are the results when a child or adult lives with virtually NO limits, boundaries, discipline or consequence. It’s my theory that his parents/family overcompensated (however unwittingly) for OP’s physical disability by teaching him to GO GO GO - but never taught him when to STOP.

The horrific violence OP committed was not a result of his “vulnerability” or “disability” (in that case, most disabled people would be murderers*, wouldn’t they?) - rather from his profound lack of soul, heart, values. Unfettered ego and unaccountable power lay waste to everything in their path.

* Heck, by the OP Defense Standard, throw in “anxiety” and every human on the planet would eventually be a murderer. LOL What makes OP so special?

Just to put this all in perspective with stats from only two countries:

There are an estimated 37,627,800 disabled Americans (2012); an estimated 1,722,758 disabled South Africans (2011). (This doesn’t even include the rest of the world.)
Many are more severely disabled, genuinely more “vulnerable” than OP.
Why haven’t they all committed murder?


Re “A ‘Culture of Violence’ at Rikers Island” (editorial, Aug. 6):

Are prison guards prone toward aggression? In part to test this idea, Thomas Carnahan and I placed ads in several university newspapers, with some seeking participants to be paid for “a psychological study of prison life” while others sought participants for “a psychological study.” (The first replicated the ad in the famous Stanford Zimbardo prison experiment by Philip G. Zimbardo.) The only difference between the ads consisted of the words “of prison life.”

On average, those who signed up after seeing the “of prison life” ad were higher on five traits we measured that predict aggression (dispositional aggressiveness, authoritarianism, social dominance, Machiavellianism and narcissism) than those who volunteered after seeing the latter ad, and they were lower in empathy and altruism, two traits inversely related to aggression.

We do not doubt that sometimes bad situations make good people do horrible things. Nevertheless, most of us, including prison guards, are drawn to professions and situations that we believe fit our personalities.

SAM McFARLAND
Bowling Green, Ky., Aug. 6, 2014
The writer is professor emeritus of psychology at Western Kentucky University.

http://www.nytimes.com/2014/08/14/opinion/the-prison-guard-s-psyche.html?mabReward=RI:14
 
I know it's twisted but I was just thinking - ooh I wish Lois Pistorius would join WS! Anyway just had a glance at her Twitter account out of pure nosiness and found this.....

https://twitter.com/loispistorius
Barry Roux re-tweet
"If you think its your alarm clock that wakes you every morning, try putting it next to a corpse and understand
the Grace of GOD"

Can anyone explain that?:facepalm:

https://twitter.com/MrBarryRoux/status/499777767693901824
edit : SORRY FOLKS, for some reason she has retweeted form the BR parody account. Weird.

Thanks that is absolute Gold!

:laughing::praying:
 
The Importance of the Bail Affidavit (my emphasis and numbering)

"I noticed that the bathroom window was open. I realised (1) that the intruder/s was/were in the toilet because the toilet door was closed and I did not see anyone in the bathroom. I heard movement inside (2) the toilet. The toilet is inside the bathroom and has a separate door.

It filled me with horror and fear of an intruder or intruders being inside the toilet (3). I thought he or they must have entered through the unprotected window. As I did not have my prosthetic legs on and felt extremely vulnerable, I knew I had to protect (4) Reeva and myself. I believed (3) that when (3) the intruder/s came out of the toilet we would be (3) in grave danger. I felt trapped as my bedroom door was locked and I have limited mobility on my stumps.

I fired shots (4) at the toilet door and shouted to Reeva to phone the police. She did not respond and I moved backwards out of the bathroom, keeping my eyes on the bathroom entrance. Everything was pitch dark in the bedroom and I was still too scared to switch on a light. Reeva was not responding."

Interpretation

Remember, OP is a stickler for precision and detail. He and Roux say the above is truthful. Roux confirmed in reference to the balcony and the noise that he preserves exact sequence and timeline in his draftings. Roux has gone over state witness statements in microscopic detail and held them to earlier versions saying later discrepancies must be the untruths.

There is only one reasonable interpretation of the bail application: OP did not believe he was in immediate danger, under attack or imminent attack. The thought of an intruder merely being inside the toilet caused him to fire intentionally in a pre-emptive strike. He can’t possibly have thought a deadly attack was inevitable, even more so after the perceived intruder had fled to the toilet. We know he knows the law. In my opinion, his bail application amounts to murder. (And even with a perceived intruder, all forms of murder including pre-meditated, directus, eventualis are on the table - we must decide if he wanted to kill the intruder, if so at what point in time, and what we think constitutes pre-meditation?)

Later fabrications and tailoring (see numbers from bail application):

1) He thought they might be on a ladder outside the window instead and had to cover two points of attack (adding to his fear, vulnerability, switching attention and most crucially, making a noise from the toilet something potentially startling, rather than just confirmation of what he already knew.)

2) He thought he heard the toilet door opening. (I noticed during his testimony he even started to tailor away from a sound inside the toilet, to a sound in the bathroom)

3) He thought they were opening the door coming out to attack him and this caused him fear

4) He fired unintentionally without thinking. (There is clear intention, purpose and thinking - in fact, a whole paragraph of well-defined thinking and emotions).

Implications

The bail application destroys his 1st line defence (involuntary reflex). And it destroys the crucial aspects of the version of his 2nd line defence presented in court (putative self defence.) Most importantly, it shows he will serve up anything to the court in order to get off the charges and this destroys his credibility totally.

Even if you are at the stage of considering putative self defence, I think the bail application seals the fate and leaves no room to escape a guilty verdict of murder (I will be very surprised if the judge finds him not guilty of murder).

There are also enough questions that a judge can confidently convict on premeditated murder of Reeva, should she wish to do so (Im not sure she will though). Why did he think the simple sound of a window opening must have been an intruder in the first place? Why was he certain it couldn’t have been Reeva at this point? He thought in detail at lots of points about Reeva: why did it never once cross his mind that it might simply be Reeva using their bathroom? Why did Reeva lock herself in the toilet? Why did he think the person in the toilet was attacking or about to attack him? Why did he think he had to fire 4 shots? The whole picture, the whole mosaic, cannot be explained without recourse to unreasonable speculation in my opinion - even pistorius own best attempt at it fails.

On analysis, the closed door started out as OP’s blessing - he could present the intruder story. It rapidly turns into his curse however. Why was it closed? Because Reeva did it when I screamed and shouted as I came down the passageway. Why did you do that? Because I wasn’t investigating, I was confronting, I was 100% convinced it was an intruder. Why didn’t you think it may be Reeva? Because it never once crossed my mind. (This is so unreasonable that it cannot reasonably possibly be true. In one word, it’s unbelievable.) Why did you think it was an intruder not Reeva initially? Because I was bringing the fan(s) in, I had just spoken to her on the bed in the middle of a normal night with the duvet on her which I saw, I didn’t think she could have gone to the bathroom unnoticed. (The duvet, jeans and aligned blood splatter on the floor make this unbelievable).

We also have the paradox of the Pistorius defence. He wants to try and convince the court that it would have easily been possible for Reeva to have gone to the bathroom unnoticed when you consider his first-hand witness account of having his back turned, noisy fans, pitch darkness etc. Simultaneously, he wants the court to believe that despite him being the witness in question at the time it never once crossed his mind that it could have been possible, to the point he never hesitated to proceed with the deadly action he took.
 
I know it's twisted but I was just thinking - ooh I wish Lois Pistorius would join WS! Anyway just had a glance at her Twitter account out of pure nosiness and found this.....

https://twitter.com/loispistorius
Barry Roux re-tweet
"If you think its your alarm clock that wakes you every morning, try putting it next to a corpse and understand
the Grace of GOD"

Can anyone explain that?:facepalm:

https://twitter.com/MrBarryRoux/status/499777767693901824
edit : SORRY FOLKS, for some reason she has retweeted form the BR parody account. Weird.

Pistorius family member in 'can't tell truth from fiction' shocker!
 
Fantastic post, Panda.

It is really clear from the bail statement, isn't it, that what he's really saying is "I knew there was someone in the toilet because I heard them move, so I shot them before they could come out and shoot me".

A world away from his "startle" and "accident" nonsense on the stand.
 
“Lois Pistorius glowered at Nel yesterday and asked in Afrikaans: “Kry jy nie skaam nie? (Aren’t you ashamed?)”. There’s a list of comments at the foot of the article and the first is excellent:

“Lois, Lois, very inappropriate under the circumstances.
A slap in the face of Reeva and her family!
To stoop to condemning the state lawyer, in public, is something I would never have expected of you.
Were it Aimee whom was murdered by her new boyfriend wouldn't you expect the state to search for justice and truth? I would certainly hope so!
Advocate Nel is doing his job, it is just unfortunate for you that it is your nephew who is the one responsible and charged with the brutal shooting of Reeva.
You know there were many other incidents Nel could have included in the trial, yet chose not to as it would not help in his quest for the truth He could have damaged Oscars character so much more.
Stopping his questioning of events after Reeva had been shot, as it was needless in deciding, did he fire deliberately or not. Oscars actions denied her immediate medical care. She did not need black bags, she needed a doctor.
He could have asked why he did not press his panic button.
He could have asked why he did not at any time call the police.
He could have asked why he did not get an ambulance immediately.
He could have asked why he chose to phone a friend first
He could have asked why he told security everything is fine..
He could have slammed him for tampering with crime scene.
He could have asked why he moved Reeva.
He could have asked why he said she had died then put his fingers down her throat to clear her airways once witnesses arrived.
Gerrie Nel could have included the re-enactment video, allowing judge Masipa to act on the contradictions of flight or fight, now, we all know how contradictory that could have been.
I think the world would like to know, isn't Oscar ashamed of himself ?
You saw how Oscar was slated for approaching Kim Myers in a court corridor, yet you still chose to snap at Mr. Nel, in court, with a derogatory comment, just like the accused. I find that very odd.
This brings to mind the old proverb, people in glass houses should not throw stones.
A public apology may be in order.”

http://www.citypress.co.za/news/ashamed-oscars-aunt-gerrie-nel/

I think nearly all of us would agree with this.
 
Some interesting tweets from Prof James Grant:

James Grant @CriminalLawZA • Aug 6

I have just resigned from Wits University - effective 31 December 2014. My intention is to go into practice at the Jhb bar as an Advocate.

James Grant @CriminalLawZA • Aug 7
Nel is going for the jugular: what is the accused's defence? His defence is that he is not to blame for anything.

James Grant @CriminalLawZA • Aug 7
The power of circumstantial evidence to reveal a "mosaic" picture - like the combined strength of strands of a rope: http://wp.me/p3efQr-1X

James Grant @CriminalLawZA • Aug 7
Error in objecto: mistaken as to the object one is killing; only a defence if one mistakenly kills a human, thinking it is something else.1/

James Grant @CriminalLawZA • Aug 7
Nel needs to argue that OP intended to UNLAWFULLY kill whoever was behind the door. 2/2

James Grant @CriminalLawZA • Aug 7
Nel is right: this is, at best, error in objecto, but it doesn't help OP. Still doesn't seem to have argued OP intended to kill UNLAWFULLY.

James Grant @CriminalLawZA • Aug 8
Read to p60/240 of Defence's Heads (must go lecture now); it seems the defence has the test for circumstantial evidence dangerously wrong.1/

James Grant @CriminalLawZA • Aug 8
Proof of intermediate facts, such as screams, time of dinner, argument, etc do not EACH have to be the only possible inference.2/

James Grant @CriminalLawZA • Aug 8
Only the proof of the ultimate issue in question, that OP intentionally unlawfully killed, must be the only reasonable inference.3/

James Grant @CriminalLawZA • Aug 8
Other inferences may fall short of being only reasonable inference, and yet form "strands" in a rope to provide the ultimate inference. 4/4

Congratulations to Prof Grant. He'll be a fantastic advocate IMO.
 
I know it's twisted but I was just thinking - ooh I wish Lois Pistorius would join WS! Anyway just had a glance at her Twitter account out of pure nosiness and found this.....

https://twitter.com/loispistorius
Barry Roux re-tweet
"If you think its your alarm clock that wakes you every morning, try putting it next to a corpse and understand
the Grace of GOD"

Can anyone explain that?:facepalm:

https://twitter.com/MrBarryRoux/status/499777767693901824
edit : SORRY FOLKS, for some reason she has retweeted form the BR parody account. Weird.

Grossly insensitive of BR considering the obvious photos/ description of Reeva post Oscar KILLING HER.
 
You're missing the point re: the screams. He may not have been able to replicate the "anguish" but he could certainly replicate the sounds......unless he's had a vocal cords transplant in the meantime? Either his voice can go that high, or it can't. Quite obviously, it can't. And that,s to be expected, there are physiological differences between the way men and women produce sound, that's why 99 times out of 100 we can tell the difference.

But I have to say that you do seem to take the view that if OP says it, and it seems vaguely possible, then that's good enough for reasonable doubt.....and good enough for you.

The simple fact of this is that a woman heard an argument just at about the time Reeva can be expected to be awake based on her stomach contents. By coincidence, four separate, independent witnesses heard a woman screaming at roughly the time a woman was shot dead by her boyfriend.

If four people hear a woman screaming it's probable that it was a woman screaming. Sorry, but that's a simple fact. It's not impossible that it could have been a man, but it's really quite improbable. Add to this that it sounded to the witnesses as if a woman's life was in danger, at exactly the same time as a woman's life, in fact, WAS in danger and she ended up being murdered.

It's also probable that Reeva ate much later that 7pm, and it's also probable that the woman heard arguing was Reeva - based on, if nothing else, the simple fact that no other woman (out of the few it could have been) has been identified as doing the arguing.

So, all of these probabilities come together to form the overwhelming probability that the witnesses heard what they thought they did - a woman screaming in terror and then getting shot. This is not a "theory", this is the most likely explanation based on the probabilities.

"Oh, but Oscar can scream like a woman, just not when he's being recorded" is, well, a bit lame, isn't it? I am absolutely certain that Milady won't fall for that.

But you seem to want to believe him innocent, and good luck to you. I'd prefer to see Reeva get justice. She deserves it.

BRAVO! So very well said. :D
 
On a less serious note this one's for Jay-Jay & Lux as it might raise a laugh....

You'll be pleased to know that from Oscar's last tweet on 11.8.14 he received 11 positive replies.
Just in case he's actually just testing the waters by tweeting (gauging post trial public perception) that's 11 respondents out of his quoted 365,000 followers on twitter.... and two of those were the white balloon ladies and they don't count as they are still on the payroll.

And worse still, it's 3 less supporters than the number that replied to his " a few words from my heart" on 14.2.14 anniversary announcement.
Oops he just lost another 3 ?

As Nel would say "It's just not working Mr.Pistorius"

(As you can probably tell I don't use twitter so I've no idea if he can wipe off the abusive responses he must be getting even if just from trolls. I appreciate not all of the 375k were genuine admirers of his.)

I love it, Cotton! Thank you so much! :D

If the Twitter-verse is any indication of public sentiment (and I believe it is a wicked-sharp barometer), Karma is indeed a b*tch!

The guy is clearly DESPERATE. Essentially, he’s throwing himself on the mercy of whoever’s still worshiping at his Golden Blades Altar. LOL

It really is beyond sad. He literally had it ALL in 2012 and he allowed his supreme arrogance and anger to destroy not only Reeva but his own life, plus two entire families and friends. That's a lot of destruction.

For all his public bravado, he must be terrified counting down to 9/11 (who wouldn’t be?) - this time his terror is for real.

All I can say is he better start tweeting FASTER. :lol:
 
I'm in agreement with regard to Dixon damaging the DT's case - not sure what the issue is there?

I don't believe that additional expert witnesses for the DT would have been that beneficial. The state ballistics expert and bat-man didn't exactly damage the defendants case, and in some areas it strengthened it. The ability to hear sound at a specific level that morning has been covered fully, so the majority of things which may not have been covered are those which have been threaded into 'theories' on here, which are merely speculative. Inferences will not be drawn from speculation, so from the judge and her assessors perspective none of this will matter when reaching a decision.

Oh really? Proving OP didn't fire double taps like Roux tried to suggest didn't damage his case? Proving the first shot was not the head shot, proving she positively screamed when she was shot in the hip didn't damage his case? Proving she standing, facing the door didn't damage his case? Proving Reeva ended up in a seated position on the magazine rack OP claims wasn't there didn't damage his case? Take off your Oscar-colored glasses and look at the evidence objectively.

My take on the idea of reproducing a scream the same as it was in such a situation is that it's impossible, whether male or female. For that reason I would never expect somebody to attempt this. I don't understand why Roux suggested that OP was going to replicate this in court (I'm assuming he meant OP and wasn't referring to the neighbour) but I certainly wouldn't expect or advise anyone to try this. If he did scream that morning and could not achieve a reproduction of that anguish then he would have unwittingly incriminated himself, even if he was telling the truth. You'd be a fool to take such a gamble. If you are genuinely innocent regarding an aspect of the case, you should never ever gamble to prove your innocence.

I believe the judge will take a similar view with regard to the replication of a scream, and as much as some may have liked this to happen for a bit of 'good TV' I don't think this will be essential towards the outcome.

Get real. Whoever Masipa decides screamed before and during the shots seals the verdict in this case. Whether or not you think those screams could be replicated in a test is neither here nor there. Roux told witnesses and the court that he would prove OP screams like a woman with scream test evidence, but he didn't. THAT is what the judge will consider when weighing the evidence, not whether or not she thinks the test would not have been authentic.
 
Shooting somebody to death seems an unusual approach to avoiding negative attention and police involvement in your life.

I guess he should have thought about that before he pumped four hollow point bullets through the locked door of a tiny toilet cubicle.
 
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