Trial Discussion Thread #45 - 14.07.3, Day 36

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  • #361
  • #362
D: I'm aware that there were two further flight or fight responses...

Nel says witness won't apply his expertise to the facts.

Witness counters Nel's questions too vague.
 
  • #363
Judge interjected that "I thought it was startle response?"
 
  • #364
Nel should pursue the line suggested by the professor that all of the problems facing disabled people he noted on stumps places higher risk on emotional stability in relationships:
-lack of mobility
- social fears
- increased problems with relationships
-smells causing problem with intimate partners
-constant pain
This points he noted posits a higher possible of dysfunctional relationships especially with someone wanting to constantly overcome or embarrassed by his obvious signs of disability.

This witness testimony also implies constant greater emotional stressors resulting in a higher level of anger over the pressures of intimacy relationships, or a possibility of greater anger/agitation or resentment from a lack of ability to control one’s environment and body. Witness could imply a sense of regressed anger in able–bodied partners…from his testimony.

I can’t keep up with the trial right now, between popping into rooms to hide I'm checking on WS...darn it ;)

I agree!
I want to add, that a threatened separation also would be a greater problem to OP than to a non-disabled man and would have consequences: attacked self-consciousness, anger, disappointment in larger dimensions.
 
  • #365
Nel: Are you saying the 1st startle would have been enough for the fight response to kick in and the whole incident to happen? WD: No

Nel: You would expect a subsequent startle?

In your view, would that first startle have been enough, Nel asks. WD says he can't answer. He doesn't know.
 
  • #366
Barry Bateman @barrybateman · 1m
#OscarTrial remember - Derman said in his report Oscar heard the magazine rack which prompted his shooting. That sound was an issue. BB

But it's now been proved and accepted by even the defences experts that the magazine rack never moved:)

OP is in deep trouble :facepalm:
 
  • #367
Not Aussie, but I know the artist and song you're referencing. :(

I put it to you, that you pretend to know ...
Midnight Oil an artist?

:blushing:
 
  • #368
So we have OP freezing at the window sound then thinking to get his gun. Then what? Fight, flight or continuation of thinking. I think Nels point is after freezing you then don't have the fight or flight as a matter of reaction. It's conscious behaviour after that first reaction. Very clever Nel.
 
  • #369
Nel: accused finding gun, getting gun, going to bathroom to fire, does that make sense to you? (could all be part of one 'response')

Prof says no, it would need another noise.

Ooh, judge has had enough of witness lecturing court!
 
  • #370
Well said Judge Masipa, it's not for the Professor to wonder about Nel's "line of questioning".
 
  • #371
Nel has nailed him.......he's being deliberately evasive in answering the questions because he's trying to predict where Nel is going to next.
 
  • #372
Nel is trying to discredit the doc as an expert and have him instead placed in a character witness capacity.

.. yes, and which he managed to do in one word when he said ".. expert.. " and Nel's wonderful way of saying it ..
 
  • #373
Nel repeating how witness said 'period of time is important' and that's why there must have been another startle.

Whoo-witness instructs judge to rebuke Nel. Says he is 'unprofessional'!

Judge does.

And witness refuses to answer Nel's next question. 'It's a statement'.
 
  • #374
AHHHHH...now Nel is getting somewhere...


Ok, so the startle response diminishes over time...aha....[that was like pulling teeth]
 
  • #375
Judge 'didn't hear' Nel say that. How much more has she missed?
 
  • #376
This docs a fighter. Excellent , this is making it much more interesting
 
  • #377
Why doesn't he allow for the fact that OP might have been lying to him?
 
  • #378
N: You never knew he had to deholster his gun?

D: That's correct.
 
  • #379
  • #380
I don't think the assessors miss much. I think when the judge makes decisions after leaving the court room, the assessors have a big say in what the Judge says when they come back in. I think she needs their help. This is their role.
 
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