Trial Discussion Thread #38 - 14.05.13 Day 31

[zwiebel]

Nel wants the application considered now.

Judge wants to know where Nel is getting his definition of mental illness and he quotes a case.

 

[Murphys_Law]

Could MiLady just rule that the defence had the chance to agree to the assessment and because they are rejecting it, then they won't be able to use it to bring an appeal .. and therefore she will reject the application?

Perhaps, but on the other hand, an appeal could be launched based on incompetent representation, one factor being that the accused was denied an independent psychiatric assessment by his counsel.

IMO, the Judge must refer him.

 

[Trooper]

Nel is arguing for the possibility of either a mental illness or a mental disorder to be evaluated in a professional and impartial manner.. to be confirmed or discarded as a factor of the case..

oh oh I am wrong, milady!! I quoted the wrong case, but I have the right one now.

 

[Freya1977]

I wonder who this new witness is, and how long they have been on the case? :facepalm:

Since about 10 minutes ago lol

 

[zwiebel]

Ooh, don't lose your way now Nel....he has mixed up the cases he is referencing....

 

[Interested Bystander]

After 30 minutes of arguments it's going to be pretty funny if the Judge makes a ruling right away.

I think if she does it indicates that she had made her mind up before the argument was put. That would not be good. I don't find her a fast thinker. She will need to go away and think.

 

[Freya1977]

Hahahahaha..

Nel: " one thing i will agree with counsel, is we should not be emotional...and I agree."

Nel is so funny sometimes....

That was just beautiful. Too funny.

 

[zwiebel]

Nel says if there is a reasonable possibility of mental illness it must be considered, and state cannot say if OP is mentally ill. They need a professional evaluation.

 

[sleuth-d-]

surely a second opinion over the course of 30 days makes perfect sense. the psych expert spent only two meetings with op, and already found gad. which opens the door... maybe there is more...

 

[Trooper]

its almost difficult to remember that Vorster was a defence witness..

didn't Roux woodshed her before her testimony?? its all so bizarre..

 

[Trooper]

surely a second opinion over the course of 30 days makes perfect sense. the psych expert spent only two meetings with op, and already found gad. which opens the door... maybe there is more...

they will find alphabet soup in 30 days.. ye gods. it will be never ending..

 

[jay-jay]

Perhaps, but on the other hand, an appeal could be launched based on incompetent representation, one factor being that the accused was denied an independent psychiatric assessment by his counsel.

IMO, the Judge must refer him.

Ah, ok .. thanks for this information .. yes, then she must, as you say.

 

[zwiebel]

N: The argument about delusions and paranoia is not what we are basing this on, it's the evidence of the defence witness....linked GAD as a psychiatric factor

 

[kaos]

It is a bit of a joke that a psychiatrist can make the GAD diagnosis after 2 days with OP though. She must be able to label 95% of her patients with that disorder.

 

[Trooper]

if Nel gets the referral I sincerely hope that the examining psyches are not women. I am one myself, but they seem to take Oscars word. he says the moon is blue, they say yes, nice shade of indigo.

 

[soozieqtips]

Decision tomorrow at 9.30am.

 

[zwiebel]

Nel saying state never brought up psych factors and never will. 'But the defence did, and the court must act.'

Nel down, and Roux butts in again as judge was about to adjourn, I think.

 

[thewagesofsin]

I think if she does it indicates that she had made her mind up before the argument was put. That would not be good. I don't find her a fast thinker. She will need to go away and think.

Yup. Decision tomorrow at 900am.

 

[Freya1977]

Damn we have to wait till tomorrow

 

[BritsKate]

Huge grin on my face...

I think after this, I either need to submit an application for membership to Nel's Belles or begin a career in professional internet stalking.

(Note: If I'm ever arrested for charges of the latter, you never read this.)