Trial Discussion Thread #51 - 14.11.9, Day 41 ~announcement of the verdict~

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  • #521
Judge says OP's explanations were contradictory
 
  • #522
J: Testimony (self defense) is contradictory in my view.
 
  • #523
The first defence has essentially been shot down then.
 
  • #524
Sky's Alex Crawford tweets that judge saying OP took a conscious decision is a blow for the defence.
 
  • #525
Masipa: he took a conscious decision, he knew where he kept firearm, where bathroom was, he noticed window open...
 
  • #526
lol she is walking through all the various ways he described the shooting...later quotes show he was working around the law hehehe
 
  • #527
Judge now reading quotes of OP, where he said not intentional, did not mean to shoot etc, and where he contradicted himself.

'He cannot rely on defense of putative self-defense'.
 
  • #528
If he never intended to shoot anyone, he cannot rely on putative self defense
 
  • #529
Well, she took the view that the accused had concept of right and wrong, by the two points in the psych report and the pyschologist report. It was not an involuntary act.

She disregarded the Derman nonsense that the "startle' response made his act "reflexive".

"He took a conscious decision"
 
  • #530
woot.........:jail:
 
  • #531
OP first said he believed the noise was an intruder, but then changed when State suggested he was still liable for murder.
 
  • #532
Masipa: it would be absurd to say accused was going to hit someone over the head with gun - for that could have used cricket bat
 
  • #533
Accepts that OP is a "fight" rather than "flight" type person and person with disability will feel vulnerable when faced with danger. But the accused is not unique - women, children, elderly and all those with limited mobility would fall in same category
 
  • #534
  • #535
lol, children women and elderly are in the same situation...
 
  • #536
women, children, the elderly come under the same category. (as OP)
 
  • #537
Intention to shoot does not necessarily include intention to kill.
 
  • #538
HE DOESN'T HAVE AN ANXIETY DISORDER!!! grrrrrrr
 
  • #539
Basically, lots of people feel anxious/vulnerable, not all arm themselves with a firearm. (Paraphrasing)


Sent from my iPad using Tapatalk
 
  • #540
J: ...armed himself with loaded firearm. Wld be absurd to assume he was going to hit intruder over head. Prof Derman explained fight rather than flight respinse. Crt accepts that...person with disability wld certainly feel vulnerable but accused not unique in that respect.

She just said she does not think it's reasonable they (all vulnerable) should all arm themselves and shoot
 
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