Tag: Oscar Pistorius
The judge in the Oscar Pistorius trial has ruled the state can appeal her judgment of culpable homicide and dismissal of the murder charge against Pistorius. She ruled that she can't say it's a remote possibility that the appeals court might rule differently on the legal issue of whether dolus eventualis applies.
She refused to allow the state to appeal Oscar's sentence for culpable homicide. She said that's a factual ruling and she made it based on the evidence presented. So if the appeals court upholds the judge's ruling dismissing the murder charge, his sentence cannot be increased.
Based on the cases she cited in her original ruling dismissing the murder charge, and some related cases in South Africa I looked at, I think the judge was correct in her legal ruling. I don't think the state proved Oscar had the necessary intent for a murder conviction. Dolus eventualis exists when an accused foresees that his conduct poses a risk that an unlawful killing might occur, reconciles himself to the risk, and decides to proceed anyway. There was no evidence Oscar contemplated that risk. He was operating under a mistaken assumption of fact. That his assumption was wrong does not translate to intent. Intent is a subjective test. [More...]
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The prosecution in South Africa is appealing Judge Masipa's ruling in the Oscar Pistorius case.
It claims she misapplied the doctrine of dolus eventualis and should have found him guilty of first degree murder. It also argues his sentence was too light.
The prosecution's filing is here. An article supporting her judgment is here. Another is here. Yet another is here. My view, as I've expressed many times: the appeal should fail and I disagree with the articles taking the opposite view.
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Update: The judge sentenced Oscar to five years in prison on the culpable homicide charge and imposed a three year suspended sentence on the firearm count. The sentences will run concurrently. He was taken into custody. Neither side indicated they were going to appeal, and there was no mention of bail pending appeal or a delay to put his affairs in order. Oscar sat by himself throughout the sentencing, and did not display any emotion at the sentence. I didn't see any interaction between Oscar and his lawyer during the proceeding or after.
A summary of the judge's reasoning is below (from my notes this time, not tweets.)[More...]
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Closing arguments are over in the Oscar Pistorius case. The judge is expected to rule Tuesday. Prosecutors asked for 10 years. The defense asks for house arrest and community service. From the defense closing:
Roux said there was also "no conscious unlawfulness" from Pistorius. He described Pistorius' suffering, both emotional and financial, since the Feb. 14, 2013 shooting.
"He's lost everything," Roux said of Pistorius, once an inspirational figure who became the first amputee to run at the Olympics in 2012. "He was an icon in the eyes of South Africans."
...."He's not only broke, but he's broken. There is nothing left of this man," Roux said. He said that Pistorius "hasn't even the money to pay for legal expenses. He has nothing left."
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Oscar Pistorius' lawyers presented more witnesses today, including his manager.
The prosecutor, Gerry Nel, was his usually bombastic self. He has a real attitude, and it has not been lost on the judge in this trial.
Mr Nel described Mr Maringa's suggestions as "shockingly inappropriate", adding that they would amount to "no sentence". He questioned whether Mr Maringa understood the gravity of Pistorius's crime.
Even if she decides to give Oscar some jail time, I highly doubt she will give as anywhere close to what the prosecutor is asking for. . [More...]
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Judge Masipa has finished reading her verdict in the Oscar Pistorius trial. He is not guilty of murder but guilty of culpable homicide. She found him guilty of one count of negligent handling of a firearm (the one that went off in the restaurant) and not guilty of another firearm charge (shooting through his sunroof.) She found him not guilty of illegal possession of ammunition.
I think she was very thorough and her ruling on the homicide charge was correct. Recap of her ruling below. (For yesterday's verdict reading, see here.) [More...]
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4:15 am: Glad I stayed up for one more segment. The Judge has just rejected premeditated murder. The state failed to prove its case. She spent some time saying Oscar was a poor witness and not candid with the court, but said that isn't enough to conclude he's guilty. His testimony must be viewed in conjunction with all the evidence presented. Again, it's going to be not guilty of premeditated murder, but she's leaning towards guilt on culpable homicide. She has discretion in sentencing at that charge. Big loss for the arrogant, bellicose prosecutor. Huge win for the defense, blocking a life sentence.
2:55 am MT: Judge takes a half hour break. I'm done for the night, fairly confident that the Judge will find him not guilty of premeditated murder, having rejected most of the state's case. After finishing the issue of premeditation, she recounted Oscar's testimony and his conflicting statements which included that he did not shoot intentionally, he shot accidentally, and he shot unconsciously, without thinking. She doesn't buy his version, and cites him having released the safety mechanism and that he also said he fired because he thought someone was in the bathroom and might come out and attack him. It sounds like she will find him not guilty of the more serious premeditated murder charge and is moving onto his intent in shooting and the "culpable homicide" charge. It's not looking good for Oscar on the culpable murder charge -- it sounds like she thinks he could have foreseen that someone would be shot and killed even if that was not his intent, but she's not done yet. [More...]
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Judge Thokozile Masipa will deliver her verdict tomorrow on Oscar Pistorius. Time Magazine has this rundown of how the verdict will be delivered and the possible outcomes.
The Guardian has this summary of the charges and each sides' arguments.
[I]f there are any convictions on the four charges Pistorius faces — murder and three unrelated firearm charges — sentences will only be decided later at a separate hearing.
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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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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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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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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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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 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.[More...]
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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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