Trial Discussion Thread #1 - 14.03.03-06, Day 1-4

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  • #1,081
Ok, here are some questions for those of you who do not believe that the the witnesses have contradicted each other and believe that these witnesses have successfully discredited Oscar's statements:

1. When did Oscar scream "help, help, help" - before, during or after the shots were fired?

2. Who screamed after the shots were fired, Oscar or Reeva?

3. On the night of the shooting, did the husband and wife hear a woman's screams that sounded fearful and like her life was in danger? Or did they hear a confrontation that made them believe a house intrusion was happening and the husband was shot in front of the wife?

4. Was Burger awoken by a woman's screams or by her husband jumping out of bed when he heard screams or gunshots?

5. Did Burger and Johnson discuss their statements and testimony or did they not?

1. I don't know about this one.
2. Oscar. B/c Reeva's voice died off immediately after the last shot. This would make sense, since she was shot in the head. I doubt she would be able to let out a loud scream after she was shot in the head. So what they heard apparently lines up with what happened in this regard.
3. If a husband is shot in front of the wife in a home invasion, I would expect the wife's screams to sound "fearful and like her life was in danger." She was in the armed burglary also - would she not have been afraid? And especially if the burglars shoot her husband in front of her - would she not have been extremely panicked and frightened?
So it does not have to be either/or.
What they heard is a woman screaming like she was fearful and her life was in danger.
They thought it was because of a home invasion where the husband was shot.
It turned out to be, possibly, because it was a, in a sense, a home invasion, but perpetrated by her boyfriend.
Notice how they thought the husband was shot dead, b/c they heard the woman screaming.
4. Couldn't it have happened simultaneously? The woman wakes up to the screaming, while at the same time, the husband is woken up and is trying to see what is happening. They are both focused on the sounds, and it is dark. The husband would not have realized at what exact moment the wife woke up, b/c he was focused on the sounds and where the sounds are coming from. I do not think this is some major inconsistency which shows they're lying.
6. They probably discussed with each other what they heard, I"m sure. I don't think they sat down together and said, ok you say this, and I'm going to say this. I think they both told investigators what they each heard.
 
  • #1,082
My responses in red.

I agree with your points, but would add that re

3. On the night of the shooting, did the husband and wife hear a woman's screams that sounded fearful and like her life was in danger? Or did they hear a confrontation that made them believe a house intrusion was happening and the husband was shot in front of the wife?

This is a non-question.

The two things are not mutually exclusive! Surely minor4th isn't suggesting that a woman in those circumstances wouldn't fear that her life was in danger?
 
  • #1,083
Thank you. I'm waiting to see how others respond to the questions, and then I will comment

I would also like to add that at this point, my responses to the questions you posed are based on current testimony and information.

I admit I'm biased in my opinion, but I also ruminate at length about confirmation bias and haven't completely ruled out that OP believed that there was a burglar in the house, given his paranoia about home invasions and crime.

At the very least, he's guilty of culpable homicide and should be punished accordingly.

I'm interested in what the forensics will reveal.
 
  • #1,084
My responses in red.

Excellent post, Sorrell.

But the way you have it,it does not show when I am quoting. Maybe you can take your answers and post them separately, while I write up something (again) re the shots and the speed of sound--your reply #3 I believe.
 
  • #1,085
Excellent post, Sorrell.

But the way you have it,it does not show when I am quoting. Maybe you can take your answers and post them separately, while I write up something (again) re the shots and the speed of sound--your reply #3 I believe.

Can you try copy/pasting the relevant bits before clicking the quote button?

That's what I do when something is in a quote box.
 
  • #1,086
As a favor to Shane, I've taken my responses to Minor4th's questions out of the quote box so that Shane can quote it.

1. When did Oscar scream "help, help, help" - before the shots were fired or after? Based on witness testimony, I believe he yelled out help before the gunshots, possibly mocking Reeva. It's interesting to me that Ms. Burger had considered that possibility, as there had been a few of us here on this forum, including myself, who had entertained the same notion (I believe it was whiterum who first posted about it prior to Ms. Burger stating so in court the following day).

2. Who screamed after the shots were fired, Oscar or Reeva? At least two posters (IIRC, they were Shane and Interested Bystander) have posted information regarding bullets and the sound barrier. Apparently, the sound of a gunshot travels at a faster rate of speed than the human voice. I think it's entirely possible that what was described as the "fading" of Reeva's final scream following the 4th gunshot was due to this phenomenon.

3. On the night of the shooting, did the husband and wife hear a woman's screams that sounded fearful and like her life was in danger? Or did they hear a confrontation that made them believe a house intrusion was happening and the husband was shot in front of the wife? I think both these possibilities crossed their minds as events unfolded that night. Since they could only hear (and not see) what was going on, their minds went to what were logical scenarios.

4. Was Burger awoken by a woman's screams or by her husband jumping out of bed when he heard screams or gunshots? Ms. Burger testified that she was awakened by screaming. Mr. Johnson testified that he jumped out of bed when he heard the screams. I don't believe he could know with precise certainty when his wife woke up or what caused her to be startled awake as he does not reside in her mind or body. Only Ms. Burger can attest to that and she affirms it was the screams that awoke her.

5. Did Burger and Johnson discuss their statements and testimony or did they not? I believe over the course of this past year, they have talked to one another regarding what happened on that fateful night. I don't believe they collaborated to arrive at similar versions, as Roux would like the Judge to believe. I think it's perfectly natural for two people who live together & have been together for a number of years to share a similar vocabulary. I believe they are credible witnesses who testified as to what they each individually heard and pondered on the night of the shooting.
 
  • #1,087
OK friends,
I am having trouble understanding what all is being said. The ONE thing I hear very clearly and often is "my lady". Who is this lady??? :giggle: They are answering Roux's questions, and he is clearly not a lady. Is there a different meaning in SA?
 
  • #1,088
OK friends,
I am having trouble understanding what all is being said. The ONE thing I hear very clearly is "my lady". Who is this lady??? :giggle: They are answering Roux's questions, and he is clearly not a lady. Is there a different meaning in SA?

The witnesses are addressing the Judge, who is a female. If the Judge were a male, he would be referred to as My Lord.
 
  • #1,089
Here's something that, IMO, trips up Roux's insistence that the gunshots were the sound of the cricket bat striking the door (I know we've discussed it before, but it's stuck in my craw):

Burger rejected defence claims that the loud noises she heard coming from Pistorius’s house were the sound of him using a cricket bat to smash down the door of the bathroom. She said she heard four loud gunshots, and that the intervals between each were too short for the noises to have been a bat swung against a wooden door.

http://www.theguardian.com/world/2014/mar/05/oscar-pistorius-trial-live-updates-day-three

This is one of the reasons why I believe the witnesses heard gunshots (not the cricket bat) after the screaming.
 
  • #1,090
The witnesses are addressing the Judge, who is a female. If the Judge were a male, he would be referred to as My Lord.

Oooh, lol, I was wondering why they were calling Roux 'My Lady,' as well.
 
  • #1,091
Here's something that, IMO, trips up Roux's insistence that the gunshots were the sound of the cricket bat striking the door (I know we've discussed it before, but it's stuck in my craw):

Burger rejected defence claims that the loud noises she heard coming from Pistorius’s house were the sound of him using a cricket bat to smash down the door of the bathroom. She said she heard four loud gunshots, and that the intervals between each were too short for the noises to have been a bat swung against a wooden door.

http://www.theguardian.com/world/2014/mar/05/oscar-pistorius-trial-live-updates-day-three

This is one of the reasons why I believe the witnesses heard gunshots (not the cricket bat) after the screaming.

Well, I mean, what are the odds that they heard four cricket bat bangs as opposed to gun shots, which also happen to be the exact number of shots Pistorius fired into the door? And it clearly it took more than four quick loud strikes to the door to break it down. So why would they only have heard four? And they heard the sound of a bat striking a door but not the gunshots, which I assume are much louder?
 
  • #1,092
Oooh, lol, I was wondering why they were calling Roux 'My Lady,' as well.

It's a really odd system that stems from the English judicial system. Attorneys ASK the questions, but witnesses have to ANSWER to the judge, who is addressed as 'MiLord' or 'MiLady' ( that's how it always sounds in England, anyway.)

I have had to do it once (witness, not suspect!). It is really, really difficult and disorientating and I think it should be discontinued.
 
  • #1,093
IMO MB goes way beyond that. She has an idea IMPRINTED in her mind of what transpired, and she is trying to promote what she imagines with her testimony (and what she has got her husband to testify to).
I fault the prosecutor and defense attorneys because they are asking the questions and she is answering. They could keep their questions to ones that only required 'yes' and 'no' answers. Instead each side is inviting MB and other witnesses to not only describe what they heard (which is appropriate) but what they think it meant and what they think was going on.

Burgler, domestic situation, who the heck knows... none of the ear witnesses can possibly determine that. The point to me is this: Reeva was very clearly screaming in distress. Enough times and loud enough that Oscar would have had to be aware of her in the bathroom area. Therefore he knew he was shooting at and towards a woman in distress. He was shooting intending to hit his target, which at the very least he would have known was female. I believe he knew it was Reeva. His story is fabricated ca-ca. I can't compare anything to it because his story is false, IMO.
 
  • #1,094
For anyone who doubts, I recommend trying it at home - get two people in front of you, one to ask questions, but you can only answer and look at the other....impossible, almost!
 
  • #1,095
My commentary in blue ...
My responses in red.

Ok, here are some questions for those of you who do not believe that the the witnesses have contradicted each other and believe that these witnesses have successfully discredited Oscar's statements:

1. When did Oscar scream "help, help, help" - before the shots were fired or after?

Based on witness testimony, I believe he yelled out help before the gunshots, possibly mocking Reeva. It's interesting to me that Ms. Burger had considered that possibility, as there had been a few of us here on this forum, including myself, who had entertained the same notion (I believe it was whiterum who first posted about it prior to Ms. Burger stating so in court the following day).

The other neighbor, who is closer to Oscar's house testified that it was silent after the shots and she then heard Oscar screaming and crying out loudly - although she initially thought it was a woman screaming also. To believe Burger, you have to disbelieve neighbor #2. This is what I mean when I say the state has presented witness testimony that is contradictory, which means you have to discount one witness or discount them all.

Another reasonable explanation is that Burger was mistaken when she thought it was the woman screaming after shots - it was in fact Oscar, but he sounded like a woman. I think that is more believable and you don't have to come up with additional speculation about Oscar mocking Reeva by saying "help, help, help" in an unemotional manner that could be clearly heard 900 feet away.

2. Who screamed after the shots were fired, Oscar or Reeva?

At least two posters (IIRC, they were Shane and Interested Bystander) have posted information regarding bullets and the sound barrier. Apparently, the sound of a gunshot travels at a faster rate of speed than the human voice. I think it's entirely possible that what was described as the "fading" of Reeva's final scream following the 4th gunshot was due to this phenomenon.

See my answer above. In addition to having to discount neighbor #2's testimony, you are having to jump through hoops to come up with an explanation about ballistics -- not in evidence -- in order to believe Burger and Johnson. It is a much simpler explanation that Burger and Johnson mistook Oscar's cries for the cries of a woman.

3. On the night of the shooting, did the husband and wife hear a woman's screams that sounded fearful and like her life was in danger? Or did they hear a confrontation that made them believe a house intrusion was happening and the husband was shot in front of the wife?

I think both these possibilities crossed their minds as events unfolded that night. Since they could only hear (and not see) what was going on, their minds went to what were logical scenarios.

My point here is that during the initial event and afterward, they thought the husband was shot during a burglary because they heard the woman screaming after the shots ended - they were mistaken about that. It was only after reading media reports and discussing it with various people that they came up with a new improved version of the woman being in fear for her life and rising fear etc. It has the appearance of altering their account after they learned what really happened and forming a conclusion.
4. Was Burger awoken by a woman's screams or by her husband jumping out of bed when he heard screams or gunshots?

Ms. Burger testified that she was awakened by screaming. Mr. Johnson testified that he jumped out of bed when he heard the screams. I don't believe he could know with precise certainty when his wife woke up or what caused her to be startled awake as he does not reside in her mind or body. Only Ms. Burger can attest to that and she affirms it was the screams that awoke her.

I agree, this is not such an important discrepancy, and it is easily explained as you have stated it.

5. Did Burger and Johnson discuss their statements and testimony or did they not?

I believe over the course of this past year, they have talked to one another regarding what happened on that fateful night. I don't believe they collaborated to arrive at similar versions, as Roux would like the Judge to believe. I think it's perfectly natural for two people who live together & have been together for a number of years to share a similar vocabulary. I believe they are credible witnesses who testified as to what they each individually heard and pondered on the night of the shooting.

Yes, I think everyone believes that they discussed it between them, and I agree that the similar vocabulary could be attributed to them living together and talking the same way and having discussed their recollections using similar words. That is natural.

The problem is both Burger and Johnson adamantly denied that this happened. They both insisted that they had not discussed their statements with each other and had not compared notes. Burger would not give an inch on that - but Johnson later admitted that they had discussed their statements and perceptions many times, and even discussed it during the trial after Burger's first day of testimony.

Does that mean that everything they say is a lie? No, not at all. But it does suggest that they are willing to lie to give the false impression that their testimonies are completely independent and without influence from the other's testimony. And if they are willing to lie about that, then you have to wonder if they are also fudging or embellishing about their accounts, especially in the instances where they are giving information that was not included in their initial statements.

Who knows what their motivation is to lie, but for whatever it is they have been shown to be less than truthful in a way that benefits the prosecution and that brings their whole testimonies into question because there is no way to determine what's truth, what's misperception, and what's an embellishment to aid the prosecution.
 
  • #1,096
the cricket bat as a replacement for sounds of gunshots are a furphy and have no hope of embedding themselves as rational. For one good reason. She was in fact , shot. 4 times.. so there were, in fact, and undeniably 4 shots. No silencer was found on the weapon. Reeva was not murdered with a cricket bat. Indisputably, 3 bullets were found in her body, and one was a miss.

So what happened that night were , if Oscar and Roux are to be credited with logic, is 8 sounds.. 4 shots, 4 whacks of a cricket bat, which ear witnesses are to have mistaken for the real and factual gunshots.. 8 sharp violent sounds. Not just 4 loud bangs.
Roux's problem, is.. if he manages to get one earwitness to consider the possibility of mistaken gunshots for cricket bat thuds, he then has to fit the gunshot sounds in the narrative..

In Roux's scenario, it's the cricket bat first, THEN the gunshots.. not logical. He wants the witnesses to be woken up by cricket bat bangs and not gunshot bangs.. There is not a person in South Africa, or in any country familiar with cricket bat sounds who would not dismiss that likelihood instantly.. there just is no comparison or capability for a cricket bat to make that kind of sound or as quickly.Those who are familiar with cricket know the time it takes to swing a bat, hit an object, and re align for the next swing.

The law of physics , gravity , speed of sound, are not suspended for anyone. ..you, me, shooters and killers.. we all labour under the exact same burden. Just because Oscar wants to fire 4 shots into a door, which he did, no argument there, doesn't mean he gets a dispensation from the law of physics that entangles us all. Gunfire/cricket bat whack...not comparable or similar. That's a fact.
 
  • #1,097
We all know there were 4 gunshots and that gunshots are incredibly loud. How could the defense think people nearby wouldn't hear gunshots? If they heard 4 of anything it would be that before it could be anything else. It makes no sense that a witness would hear 4 'bangs' but what they heard couldn't be gunshots. Why not? Gunshots are louder. Gunshots were absolutely part of the equation that night. The cricket bat is the variable here.
 
  • #1,098
I don't see that anybody is discussing this just yet, so I wanted to get your take on the exchange between Roux and Johnson today detailing the times of the phone calls.

Charl Johnson calls security from his wife's cell phone at 3:16am. The call lasts for 58 seconds.

After, he throws the phone down and goes back to the balcony (probably takes several seconds), he hears the screams again and then the gunshots. So lets just estimate that perhaps some time around 3:17:30am is when the shots take place.

Oscar's call to Stander (security) was placed at 3:19:50. (I believe I heard 50seconds but he could have said 15 seconds, correct me if I'm wrong).

So there was a very short time frame, about 2 minutes between when the shots went off and when Stander was called.

According to Oscar's bail affidavit, the following occurred after the shots:

  • He ran to the bedroom & realized Reeva was not in bed (still on stumps).
  • He returned to the bathroom but the toilet door was locked (still on stumps).
  • He went back to the bedroom, opened the balcony door, exited and yelled for help (still on stumps).
  • Now he put on his prosthetic legs.
  • He ran back to the bathroom tried to kick the door open which didn't work.
  • So he ran back to the bedroom to grab his cricket bat.
  • Then he ran back to the bathroom and bashed the door in.
  • He then found the bathroom key on the floor, unlocked the door and pulled Reeva out to the bathroom.
  • HE THEN PHONED STANDER.

After that call is when he went downstairs to open the front door. Then he went back upstairs to get Reeva and carried her down the stairs. On his way down the stairs, Stander arrived as well as a doctor who lived in the neighborhood. Seems like they would have gotten there pretty darn quick.

Something is wrong here. There is no way in the world he could have done all of that in less than 2 minutes before calling Stander, especially since part of it was without his legs.

So it begs the question... at what point in the event did he actually call Stander? Was if pretty much right after the shots? Did he do all the running around and bashing in with the cricket bat after calling Stander?

I think this is a very crucial part in the story to figure out.
 
  • #1,099
RE: Possible (partial) scream and the speed of sound.
Matters of Physics and Medicine


Regarding this matter, we have had attorneys (and others) claim it was “impossible” for any utterance to be heard from Reeva (allegedly) after the 4th shot. A brilliant, and stalwart witness, despite hours of badgering, would not alter her testimony. She is right to do so, IMO.

First some physics. Most modern guns have the bullet being fired off at supersonic speed. Some guns/bullets can be fired off at several times the speed of sound. I do not know the (muzzle) velocity of the bullets in this matter, but they almost certainly left the gun at supersonic speed, and as I already have described, their wave packets included sonic booms (which would almost never be confused with cricket bat bashing of a door).

Because of the supersonic nature of the bullets’ sound wave patterns, (and depending on distance and numerous other parameters), it is possible that Reeva could have been in the process of her last scream say, when the 4th shot was fired. And a listener at some distance—more likely the greater the distance!—could actually hear the 4th shot slightly before hearing the final (diminished) scream (because the scream travels at no more than the speed of sound). Dr. Burger said it could have been as little as ½ second between her hearing the 4th shot and Reeva’s last utterance. (Hearing more than 4 shots [Mr. Johnson] is also easily explained by wave superposition physics—more commonly known as echoes—again more likely to occur at greater distances, because the brain is able to distinguish the wave packets (echoes) given enough temporal spacing.

Physics often appears not to jibe with “common sense,” unless a person knows the physics. But in physics, there is also the well-known phrase, “the Universe is not limited to anyone’s limited ability to understand it.” This includes attorneys (and everyone else), despite any declarations of what they, or anyone, claims is “impossible.”

Now for some medicine-related matters. And given the above, this part may not even be necessary.

But I include it for completeness. Roux (as with the above matter) likes to insist on what is impossible. There is the issue of what Reeva could have uttered regarding the head shot. If she was already in the process of screaming that final scream, nerve impulses—already on their way— to her vocal cords and diaphragm say, could have allowed a brief truncated scream—which again jibes well with Dr. Burger’s testimony.

Again this too may seem not to make common sense, but is born out by both the physics of the nerve signals already underway, and perhaps by actual other cases. The tragic tale of George Zimmerman shooting Trayvon Martin includes the following. Despite being fatally shot in the lung and heart, Martin (allegedly) got off a complete sentence after being shot. “Okay, you got it,” Now obviously being fatally shot in the brain is not the same as being fatally shot in the lung and heart. But I have already noted the conjunction of the physics and medicine above when I cited nerve signals could already have left the brain just before it was impacted.

So to sum up, nothing in Dr. Burger’s testimony is “impossible.” Rather the opposite—it appears to incorporate the actual laws of physics. Of course, this is somewhat of a general discussion, because (as noted above) the specific muzzle velocity, and other parameters, are not known to me. Dr. Burger’s testimony is to me highly credible, as is her stalwart nature to her truth and what she heard. Now (hopefully) amply explained in detail. ©Shane13
 
  • #1,100
My answer to "what did Oscar do from the last shot to when he called Stander":

We'll never really know. Oscar lies and he is lying here to try and weave a sympathetic story for himself. His story does not sound credible. There may be a few pieces of truth woven in but we won't know what is truthful and what is not. Therefore I discount his entire 'story.'

For me the salient question is: why did he shoot 4 times into a closed door AT and TOWARD the sound of a woman screaming? He shot to kill whoever was in there. He would have known it was a female.
 
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