Trial Discussion Thread #39 - 14.05.14 Day 32

[Ncl1968]

Don't let the outpatient fool you don't forget he is on bail already and to get an inpatient bed could add 6 or more months waiting so the judge wants it done quick
Also don't forget Oscar did not want this in a million yrs it's a huge blow for his defense

 

[jay-jay]

I hope they don't have a corrupt set of psychiatrists that deem him unfit to stand trial... that would be the worst thing ever!!!!

Right that's me back to work now. Bye for now x

It wouldn't surprise me .. remember what Shane13 has been saying all along ..

 

[G.bng]

What does that mean?

An accused has rights until they are convicted BARD. This is not meant to be a punishment which it would be if he were interned in a very unpleasant place and then found guilty and was sent to prison. And what if it is found he has GAD to the extent it affected his perception of wrongfulness at the time and therefore cannot be held criminally responsible being locked into a place he did not want to be would be a punishment without his having any criminal liability.

The same happens in the UK. Despite being sectioned, well and truly sectioned which OP is not being, Shrien Dewani has been allowed to go in and out of the mental institution where he was confined and spend large periods at home.

 

[sweetcaro]

How interesting. It's a doodle. He looks like he might have some artistic talent.

But look at the rigidly controlled framing of it.....perfect straight lines. That's unusual, I think.

ETA: On all but one side. The 'free' side has something sharpish and ugly, breaking out...

He does draw nicely. This pic reminds me of his bedroom/balcony with curtains blowing and a side dresser on show.

 

[zwiebel]

That doodle has something slightly reminiscent of a gun trigger in it too....

 

[jay-jay]

Let's hope when they find him guilty he won't be sent to prison on an out-patient basis.

That wouldn't surprise me either! :banghead:

 

[Gryffindor]

I think the judge HAD to. Clarity is required.

 

[wb180]

What if it backfires on Nel? What happens if OP convinces the doctors that he is anxious, scared, fearful, cannot help but be afraid all of the time. Is paralyzed with fear, in fact. Will that affect the outcome?

Then we have really crappy doctors in SA because he is faking it!

But given he has been faking it throughout the trial and the majority of us can see through his BS, I am sure it will be fine

 

[zwiebel]

I'm now relistening to Roux's impassioned fight to try and prevent this happening yesterday. He really gave it his all.

http://whoopwhoop.tv/pistoriusradio.htm

 

[Mango33]

Emily Smith ‏@EmilySmithCNN 1h
Ever wonder about the notes #OscarPistorius takes during the #OscarTrial? Take a look - pic.twitter.com/QaJ3g9kGyT

https://pbs.twimg.com/media/BnlEQEZIAAAP_q7.jpg

Interesting! I once saw interview with him from when he was in his late teens (on YouTube) in which he says he really loves to draw and he has also said he might be an architect if he wasn't running. Maybe he really does have some talent for drawing.

 

[Gryffindor]

Emily Smith ‏@EmilySmithCNN 1h
Ever wonder about the notes #OscarPistorius takes during the #OscarTrial? Take a look - pic.twitter.com/QaJ3g9kGyT

https://pbs.twimg.com/media/BnlEQEZIAAAP_q7.jpg

Haha! I put forth the suggestion of doodles/drawings yesterday. Kind of as a joke . . . . Haha

 

[supernovaNic]

I'm really annoyed that (off top of head)
- Audio of Oscar's call to Netcare wasn't played
- FRANKKKKKKKKKKKK

 

[MeeBee]

I think the judge HAD to. Clarity is required.

Agreed. Not surprised at all myself, though it is a little disappointing it'll be another 30 days until the trial's end and then who knows how many weeks for the judge to make her decision. But I think an actual psychiatric evaluation is necessary at this point so the judge can make as informed a decision as possible. She needs to know this.

 

[whiterum]

As an outpatient, does he get to be evaluated for the same length of time? I mean, is the only difference that he'd sleep at Uncle Arnold's house but attend hospital for the rest of each day?

Apparently the quiet and peaceful surroundings and activities in the facility all contribute to the diagnosis but as usual everyone appears to be bending over backwards to facilitate this guy!!

 

[zwiebel]

Roux demanded that the allegations/application be made on 'proper' grounds.

He got his proper grounds from Judge M today, who painstakingly listed all the grounds upon which she found OP should be referred for evaluation.

 

[Gryffindor]

If they diagnose something more severe, would it affect potential sentencing?

 

[zwiebel]

Round table debate by legal experts on whoop now.

 

[beach]

Me too! I've never seen the State pursue an independent psych exam of a defendant midtrial - have you? (Just adding what I'd already had typed out below so if it seems disjointed, that's why...)

My mental health nurse husband that IF Oscar really is mentally ill, it's highly disturbing that his team was fighting this.

I think that about says it all. Usually it's the defence to petition the court for such an assessment and often pretrial. Almost any mental health illness can be argued for the accused's benefit - so why didn't, why wouldn't, his defence team fully endorse this?

My thinking, honestly, is that there is either nothing wrong with him and they're concerned they'll lose the testimony to bolster putative, which means we're back to the only evidence for putative is from Oscar's mouth - and his testimony does not prove his claim...or there's something 'worse' with him that also can't be considered to be remotely helpful to his defence.

MOO

No, I can't recall ever seeing it mid-trial. I imagine it has happened but not because the defense threw another defense strategy as we were thisclose to the finish line. I imagine it has happened before if a defendant appeared to be not competent during the trial process, but no, not for any new strategic reason.

This witness was not even very important to OP's defense....she was simply supposed to add another consideration of why OP might have tendencies to act impulsively.

Roux certainly never intended it to turn into anything like this. I'm sure something like this happening never even occurred to him. I know he is wishing he could just re-do this whole "anxiety" deal. Not worth it.


I really like Roux and feel bad for him that it turned to bite him in the butt THIS bad. This was never even on his radar.

 

[Deleted member 102539]

Looks like a stenographer mask used by courtroom stenographers.

ETA: or his tie being used as a napkin.
Sent from my SCH-I605 using Tapatalk

Because of such a photo of an adult man one is brought into a psychiatric clinic! :smile:

 

[Val1]

Quote:
Originally Posted by Val1 View Post
How in the world will doing it on an out-patient basis resolve anything?

Exactly!! Popping in for the odd test or interview doesn't compare with fulltime observation.

Heck, even when my hb went to the pain clinic to help with his phantom pain, they kept him for a full 6 weeks, the first 2 he wasn't allowed any visitors either because they felt it would interfere with the psychological treatment and after that only on weekends until he was done.

So for a full work up to determine whether OP's GAD was in fact at a stage on the 14th of Feb 2013 to have impacted on his ability to control himself, working under the assumption that he had been in a state of fear caused by his phobia of intruders, I don't see how stopping in for an hour or two daily or whatever the schedule will be, will be able to make a proper diagnosis or finding. Sleeping habits, eating/drinking habits, social interaction, even what might cause him any abdominal discomfort in the way of routine, or lack of it, can't be observed professionally... about the only thing they can do that may help, is perhaps call in other sources for past information/behaviour as OP was growing up and especially within the last few years. I suppose they could start by reading his book and any news articles of his escapades, that may help with some insight as well.