Trial Discussion Thread #38 - 14.05.13 Day 31

[ColonelMustard]

Go, Nel!!!! Go, M'ldy!!!!

Give me an "A", give me an double "PP", give me an "LI"- give me a "CA" and " TION"

Yayyyy

GO-GO-GO-GO-GO-GO-GO-GO-GO-GO-GO-GO-GO-GO-

 

[zwiebel]

N: Milady, there'll be a fairly lot of typing errors, I must apologise. It was done in haste.

 

[Greater Than]

Because Nel did

No he didn't. He's doing it right now.

 

[zwiebel]

Nel says 'she indcated yesterday her diagnosis was directly relevant...GAD was a psych disorder and factor with OP to act on his ability to differentiate between right and wrong....

 

[04009margaret]

Because Nel did

Minor, what do you think Milady will do?

 

[BritsKate]

Nel citing the State's concern over a future appeal if the judge doesn't grant his application.

 

[zwiebel]

Nel is reading from sec 78, outlining why court obliged to accept the appli.

N: we are mindful of the fact if granted this will lead to an expensive delay...although CURRENT DT maintain GAD is not part of their defence....accused have replaced their defence when things don't go well.....

He is talking about how Supreme Appeal Court would view any allegations of psych disorders...

 

[04009margaret]

No Roux, it was OP who told the Dr. that he'd fired at the noise.... that's what she had told the court.

Yes, OP was adamant he fired at the door, not the noise

 

[sleuth-d-]

great point by nel about the lack of prior evidence of op anxiety in the trial to this point.

 

[wb180]

R: So it's not a section 78?

V: Correct...

And there I thought she was gonna say "this is for the judge to decide"

 

[Murphys_Law]

My Lady is not taking notes ...her mind is made up.
I'm going with - she agrees with Nel

 

[zwiebel]

N: No indcation before Dr F gave evidence, of psych disorder...the fact it's a psych disorder it may play a role....Mr R reminded me the incident of where people assaulted a taxi driver - must have been incredibly stressful (for OP0 but he was able to cope....

N now goes on to quote precedents (or other cases. Not sure I used the right term)

 

[wb180]

My Lady is not taking notes ...her mind is made up.
I'm going with - she agrees with Nel

Not a betting guy but I think she will go with Nel as well.

Why? Just to cover all bases so no hint of appeal etc etc

 

[kaos]

I hope Nel puts up some good points. I always feel Roux comes off better in his challenges to Nel. Nel's masterful with witnesses but the judge seems to always side with Roux.

 

[zwiebel]

So Nel is saying if there is even the slightest possibility OP is mentally ill a court of appeal could overturn any verdict this judge may make. So OP must be evaluated.

I think judge will go for it....

 

[sleuth-d-]

nel is playing on the fear of appeal. the judge has been very careful to cover this in the trial to date. imo.

 

[zwiebel]

Is OP making notes or just head down with glasses on?

 

[Freya1977]

My Lady is not taking notes ...her mind is made up.
I'm going with - she agrees with Nel

I think so. It's too much of a risk not to. It's just asking for an appeal.

 

[zwiebel]

Nel's persuaded me already. But I'm a pushover....

 

[wb180]

So Nel is saying if there is even the slightest possibility OP is mentally ill a court of appeal could overturn any verdict this judge may make. So OP must be evaluated.

I think judge will go for it....

Yep, that's what I thought Nel will argue. And the judge has been really careful on this and that's why during the whole trial she has been allowing various kinds of BS stuff ...