Trial Discussion Thread #46 - 14.07.7, Day 37

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I wonder if Nel does intend for Dr Carla to take the stand or if he's just playing games with Oldwage and dragging it out before he has to say she will?
 
andrew harding
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Am assured the video issue won't be raised in court. Which means defence could very well close today...
 
Somewhere in the last thread someone here said they emailed Nel's office directly about the "leaked video" -- AND they even received a reply stating he had it or had seen it or something.
If you can find that post, it may have the name of the office and/or his email address.

Please DO contact him with your info!

That was me CM. I sent it to the NPA to the urgent attention of Nel. It was received at 4.28 yesterday afternoon.

"This show is being televised tonight at 8.40 on Channel 7 in Sydney Australia. I’ve contacted Channel to confirm the time. Please look at the preview. It’s amazing. Pistorius team may have it withdrawn if it’s posted on You Tube".

https://au.news.yahoo.com/sunday-night/video/watch/24393536/exclusive-pistorius-video/

ETA: Sorry, maybe that was someone else because I just got the notification that it got through.
 
IMHO Derman has no business testifying. IF he was asked to testify (personally, I think it's more likely that he insinuated himself into things), he needed to recuse himself.

He's testifying as an "expert witness."

Expert witnesses are paid to testify.
 
Somewhere in the last thread someone here said they emailed Nel's office directly about the "leaked video" -- AND they even received a reply stating he had it or had seen it or something.
If you can find that post, it may have the name of the office and/or his email address.

Please DO contact him with your info!

It was post number 1370 in the last thread, here.
http://www.websleuths.com/forums/sh...ead-45-14-07-3-Day-36&p=10709184#post10709184

(The single post function doesn't seem to work anymore?)
 
Of course it's not the same. But the past two DT witnesses have painted this picture of a very fragile, unsteady OP with very limited mobility. The video displayed a vastly different OP in regards to his mobility. He also put his prosthesis on in 25 seconds. They timed it.

And 18-19 seconds of that time was putting on prosthetic socks (two layers on each stump).
 
andrew harding
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Am assured the video issue won't be raised in court. Which means defence could very well close today...
The video did not need to be raised explicitly. It was very clearly raised implicitly. That was what caused Derman to backtrack on the impression he was out to give last week. He has now recognized that OP on stumps is capable of what he himself thinks of as running and that he (Derman) does not know that he needs any support from his hands to do so.

The video has done its job. I don't suppose we shall hear any more about it.
 
I uploaded parts 2, 3 & 4 to another hosting site that I got from youtube before the uploader made it private but I'm still waiting for an answer from beach as to whether I'm allowed to post links to it on here but don't know if my pm's are going through to people today :(

I'm watching it right now on the TV station's website. Can others not access it? au.news.yahoo.com/sunday-night
 
N: As far as the Arnu F incident, can you exclude the fact he wanted to at least partly move because of OP's phone calls?

D says he can't, only knows what he was told and hasn't spoken to anyone about it over the weekend.
 
Not certain, but this is probably the U.S. study Derman has referenced: It is by the U.S. Department of Justice and the Bureau of Justice Statistics. This description is directly from the report:

The findings in this report are based on the Bureau of Justice Statistics’ (BJS) National Crime Victimization Survey (NCVS), a household survey that collects data on U.S. residents age 12 or older (excluding those living in institutions). The NCVS adopted survey questions from the U.S. Census Bureau’s American Community Survey (ACS) to identify respondents with disabilities. The NCVS defines disability as the product of interactions among individuals’ bodies; their physical, emotional, and mental health; and the physical and social environment in which they live, work, or play. Disability exists where this interaction results in limitations of activities and restrictions to full participation at school, at work, at home, or in the community. Disabilities are classified according to six limitations: hearing, vision, cognitive, ambulatory, self-care, and independent living.

The report defines Ambulatory Limitation as "difficulty walking or climbing stairs." The National Crime Victimization Survey (NCVS) "collects information on nonfatal personal crimes (rape or sexual assault, robbery, aggravated and simple assault, and personal larceny) and household property crimes (burglary, motor vehicle theft, and other theft) both reported and not reported to police."

So, according to the basis of this report (highlighted above in blue) you can see that Derman perhaps exhibited a bit of bias when Nel asked if one should take into consideration the supportive environment and individual circumstances of OP's disability, and he said he strongly disagreed. Hmmm... not good, Professor.
 
Nel: In this instance we have "somebody with the means to protect himself" by living in a secure complex with an alarm system. A support group including you (referring to WD).

WD doesn't think having a gun would absolutely reduce OP's vulnerability.


nel asks for tea adjournment. Says he will move to "something new" after.
BBM - But perhaps locking his balcony doors at night might have done. As he didn't bother to do that, I have to conclude he didn't feel nearly as vulnerable as he'd like people to think. Surely those who genuinely feel vulnerable and at risk from attack wouldn't leave doors open while they slept.
 
I don't think anybody here believes he can run in the same manner as an able bodied person so I don't see why there's any need to qualify the definition of running. He can move quite fast on his stumps and even OP described himself as running.

BIB
Whew... good to know that because it had sure fooled me!
 
N: Onto the startles - the 3 startles were all sounds?

D: Yes.

D confirms the third startle sound was the mag rack

N: Where did you get that info?

D: From Mr P.

N: He told you the mag rack moved - never described it in any other way?

D: I can't remember.
 
D: My memory of the recors - my memory of discussions - that was not the main focus...

N: The discussions....you don't have any notes on that?

Nel asks for details of what D was told about the sounds by OP specifically. D says he doesn't recall.
 
This bugs me so much - Nel is asking if OP said he heard a magazine rack, and Dr says "yes." But Nel knows very well that OP said he assumed it was the magazine rack in hindsight - at the time of the incident, he thought it was the sound of the door opening.

Is the point to get at the truth or to trick witnesses into saying things that aren't accurate but are more favorable to the state's case?
 
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