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Oscar Pistorius: Closing Arguments End, Ruling 9/11

Closing arguments have ended in the Oscar Pistorius trial. The judge will issue her ruling on September 11.

You can listen to the arguments on Soundcloud here.

The defense said it comes down the 20 seconds where he was standing at the entrance to the bathroom. He was standing there without legs, facing the door. He hears the sounds and fires the shot - was that reasonable? If the judge finds that was reasonable, she must acquit him.

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Pistorius Expert Provides Media With Work Done for Defense

The Evidence Room of Cleveland, Ohio has a problem. It was retained by the defense in the Oscar Pistorius case to create a re-enactment of the shooting of Oscar's girlfriend Reeva.

The reenactment, with commentary by Scott Roder, President of the Evidence Room, as it's being run on a display monitor, aired last night on Australian TV. Since Roder appears in the interview, and takes the interviewer through it, it's not possible he wasn't aware Seven News had it. Roder also talks about what Oscar told him (something a defense lawyer would never do.)

In the exclusive interview, Roder says he is convinced Pistorius did not mean to kill his girlfriend on the morning of February 14, after weeks of interviewing and analysing the evidence. "Absolutely, they physical evidence is consistent and his story remains unchanged," Roder told Sunday Night reporter Ross Coulthart."If you look at the evidence Oscar's clearly not guilty.

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A Good Day for Oscar Pistorius at Trial as Final Defense Witness Testifies

So far, today's trial proceedings have gone very well for Oscar. His final witness, his physician and team doctor, is on the stand. The following is a recap from tweets of several live reporters in the courtroom:

Earlier today, the psych evaluation report of the state panel of experts was read into the record and accepted by both parties. Neither called witnesses to expound on it. The report found Oscar does not have narcissistic personality traits, and he has no history of abnormal aggression of violence. He has no personality traits typical of a rage killer, and he does feel genuinely vulnerable. Oscar has a history of feeling insecure and vulnerable, especially without prostheses

The report also confirmed Oscar and Reeva were in a loving relationship. There were no signs of abuse or coercion. [More...]

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Oscar Pistorius Trial Resumes: Mental Condition Fine

The prosecutor's ploy to have Oscar declared mentally ill didn't work. Doctors at the state hospital found he does not suffer from a mental disease or defect that prevents him from being able to tell right from wrong.

According to the Twitter feeds of reporters covering the trial, today's witnesses included a sound expert and the physician who amputated Oscar's legs. [More...]

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Oscar Pistorius Judge Orders Out-Patient Evaluation

The judge in Oscar Pistorius' case yesterday rejected forcing him to undergo a 30 day inpatient evaluation. Instead, saying it was not supposed to be punishment, she ordered an out-patient evaluation. The evaluation will take place at a hospital on the outskirts of Pretoria, and Oscar will be able to spend nights at his uncle's house, where he has been living since the shooting.

That's good news for Oscar and quick thinking by his lawyer, who suggested it as an alternative to the typical in-patient eval.. His family gave a statement afterwards, saying they were pleased by the decision.

The only people who seem disappointed are the journalists covering the trial, since it throws their schedules into disarray. [More....]

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Oscar Pistorius Trial : Prosecutorial Gamesmanship

Oscar Pistorius is back in court as his defense team continued to call witnesses.

The defense psychiatrist, Dr. Meryl Vorster, testified as to Oscar's vulnerability as a double amputee, and the prosecutor asked to have the trial delayed and Oscar sent for a 30 day mental evaluation.

This is gamesmanship. The witness clearly stated Oscar knew the difference between right and wrong. There's no indication or defense claim he was insane or suffering from diminished capacity such that he couldn't appreciate the nature of his actions at the time of the shooting.

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Oscar Pistorius: Neighbors Closest to His House Back His Version

Reading through the twitter feeds of 6 journalists I follow who tweet the court proceedings in real time (rather than the media articles published after which selectively summarize the testimony, mostly in favor of the prosecution), here's what happened at the latest court session:

The defense called two more neighbors who live closer to Oscar than the state's witnesses. They heard bangs followed by a man howling in a high pitched voice. None heard a woman crying or screaming. One is a female psychologist for the Department of Labor who lives right next door or right behind him. She replicated the howling. The state's cross-examination of these witnesses was so short the defense ran out of witnesses and the trial recessed early.

There are now four neighbors who support Oscar's version of events. These witnesses were on the prosecution's witness list but were not called by rhe state. Instead the state called witnesses who lived much further away whose testimony was remarkably different but fit their theory. If the job of the prosecutor is not to convict but to see that justice is done, the state's failure to call these witnesses speaks volumes. [More...]

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Oscar Pistorius Trial Resumes, Estate Manager Testifies

Oscar Pistorius is back in court after a two week recess. His first witness is the estate manager Johan Stander. Stander was the first person Oscar called after the shooting. He arrived at the scene almost immediately. Oscar told him immediately he mistook Reeva for an intruder.

Stander was on the state's witness list but was not called to testify. Oscar's co-counsel, Kenny Oldwage, is questioning Stander. [More...]

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Pistorius Testimony Over, Back to Expert Witnesses

Oscar Pistorius has completed his testimony. The prosecutor picked apart every little detail hoping to show his version of events was not possible. The state is pushing an alternate theory, however, it sounds like it's nothing more than "it might have happened this way." He didn't get Oscar to admit that any of the elements of his theory were correct. The state's theory is predicated on an argument between the couple, and given Oscar's denial and the lack of any other witnesses present, I don't see how the theory can be considered proved in any way, let alone by proof beyond a reasonable doubt.

Here is the state's version, succinctly put on Twitter by reporter Barry Bateman, who has been in the courtroom every day:

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Oscar Pistorius's Cross-Examination

The press seems to be fawning over prosecutor Gerrie Nel and his "bully-ish" cross-examination of Oscar Pistorius. I was not impressed. I was glad the Judge called him out over his inappropriate sarcasm and laughter and claims Oscar's emotional outbursts were manufactured.

“You possibly think this is entertainment. It is not,” she told Nel. “Please restrain yourself.”

I don't think he proved Pistorius is lying about his account. Nel is trying to get Pistorius to admit to Nel's interpretation of the facts, and when he won't, because he doesn't agree with Nel's interpretation, he blasts him as a liar and murderer and tells him to accept responsibility.

It's not the prosecutor's job to tell a defendant to accept responsibility for the crime for which he's on trial and denies committing. It's his job to ask questions and test his version of the facts.

Unless a defendant's story is so rehearsed it never changes, there are obviously going to be minor discrepancies. It's not surprising that Oscar's memory is better on what led up to the shooting than during the moments of trauma afterwards when he realized Reeva was dead. [More...]

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Oscar Pistorius Takes the Stand

After a week of recess due to the illness of of one of the judge's fact-finders, the Oscar Pistorius trial resumed today, with the defense calling Dr. Botha The topics ranged from the angle of the bullets to when Reeva last ate and emptied her bladder. When he was done, Oscar took the stand.

From the reporters in the courtroom I follow via Twitter: [More...]

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Pistorius Trial: Crime Scene Evidence Problems

It was a dramatic day 8 at the Oscar Pistorius trial. The investigator who took over the case from the Hilton Botha, Colonel Vermulon, testified about the physical evidence. There are some serious problems.

Both sides now agree Oscar was on his stumps when he shot through the door, and after that, he used a cricket bat to bash in the door. Here's the rub: The state, which claimed at the bail hearing Oscar had his prostheses on when he shot at the door, now says he didn't have them on at either time: when he shot through the door or used the cricket bat. The defense says Oscar put them after shooting at the door and had them on when he used the bat.

In Oscar's bail affidavit, he says he shot through the door while on his stumps, then "I put on my prosthetic legs, ran back to the bathroom and tried to kick the toilet door open."[More...]

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Oscar Pistorius Trial: The Medical Testimony

Last week, Oscar Pistorius' defense team spent a lot of time trying to get witnesses to acknowledge that they might have confused the sound of gunshots with the sound of Oscar bashing in the door to to the toilet with a cricket bat. Here's an interesting You Tube video of an experiment comparing the two sounds. Conclusion: If you weren't able to listen to both sounds for comparison purposes, you could easily mistake the sound of the cricket bat for the sound of a gunshot.

Here's a recap of yesterday's testimony. In a nutshell, Reeva was shot three times, in the hip, the arm and the head. She would have died within a few breaths of the gunshot to the head.

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Oscar Pistorius Trial

I've been watching the Oscar Pistorius trial live on the internet since it began Monday. They are still on the first witness.

The format of the trial is different than in the U.S. In South Africa, the defendant has the right to make a statement addressing the charges at the beginning, before the state gives an opening argument. Oscar's lawyer read a detailed statement, in the first person as if Oscar was speaking, refuting the charges paragraph by paragraph. He went through the facts of what happened, and it was much like what the affidavit from the bail hearing. (The only difference I could discern was that he said Oscar went to the balcony to bring two fans back. In the bail application, they said there was one fan.) [More...]

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Court Allows Live TV and Audio For Oscar Pistorius Trial

Oscar Pistorius goes on trial Monday in South Africa for the killing of his girlfriend and illegal possession of ammunition. Yesterday, a judge ruled parts of the trial will be televised and live audio will be provided for all of it.

The trial will take place in the North Gauteng High Court in Pretoria.

Eyewitness News, eNCA and MultiChoice are launching a 24 hour Oscar trial channel on Sunday.

The televised portions include opening and closing arguments and the state's witnesses. Oscar's testimony, and the testimony of his witnesses will only be available on audio. [More...]

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