Thursday, September 11, 2014

Judge: Pistorius can't be found guilty of 'MURDER'

By GERALD IMRAY and CHRISTOPHER TORCHIA

PRETORIA, South Africa (AP) -- In a lengthy verdict phase climaxing Oscar Pistorius' trial, the judge said Thursday he can't be found guilty of murder but that he was negligent in the shooting death of girlfriend Reeva Steenkamp, raising the possibility he'll be convicted of culpable homicide.

Judge Thokozile Masipa said she felt the double-amputee Olympian acted negligently when he fatally shot Steenkamp through a toilet door in his home in the predawn hours of Valentine's Day last year. In a moment of high-drama, she then stopped reading out her judgment in the six-month-long trial and adjourned until Friday. A formal judgment in the case that has riveted much of South Africa and the world is expected on Friday.

If Pistorius is acquitted of murder, he could still be sent to jail for years if convicted of culpable homicide.

While the judge did not announce a verdict, she said the prosecution had not proven beyond a reasonable doubt that Pistorius committed premeditated murder. She also ruled out a lesser murder charge, but said Pistorius may be vulnerable to being convicted of culpable homicide - in other words a negligent killing.

"I am of the view that the accused acted too hastily and with excessive force," Masipa said of Pistorius actions on the fatal night last year.

The world-famous athlete has acknowledged firing four shots through a toilet door in his home, hitting Steenkamp in the head, arm and hip area and killing her. He says he mistook her for an intruder. The prosecution alleges the athlete intentionally killed his girlfriend, a model and budding reality TV star, after a loud argument, which was heard by neighbors.

Culpable homicide normally carries a five-year jail sentence in South Africa when a firearm is used, but it can be changed by a judge depending on the specific circumstances of the killing.

"Culpable homicide is a competent verdict," the judge said.

Masipa said there were "just not enough facts" to support the finding of premeditated murder in Steenkamp's fatal shooting.

As the judge spoke, Pistorius wept quietly, his shoulders shaking as he sat on a wooden bench.

Masipa earlier told Pistorius, 27, he could remain seated on the bench while she read her verdict out and until she asked him to stand for the judgment.

Masipa described Pistorius as a "very poor witness" who had lost his composure on the stand and was at times "evasive," but she emphasized that did not mean he was guilty of murder.

Earlier, the 66-year-old judge cast doubt on witness accounts of hearing a woman's screams, a key part of the prosecution's case. Masipa said "none of the witnesses had ever heard the accused cry or scream, let alone when he was anxious," apparently acknowledging the possibility of the defense's argument that Pistorius had been the person screaming in a high-pitched voice after discovering he had fatally shot Steenkamp.

Masipa also cited testimony of an acoustics expert called by the defense, saying it cast "serious doubt" on whether witnesses who were hundreds of meters (yards) away in their homes - as some state witnesses were - could have differentiated between the screams of a man or a woman.

At one point, Masipa said: "I continue to explain why most witnesses got their facts wrong."

Masipa also said she was disregarding text messages between Steenkamp and Pistorius that had been entered as evidence. Prosecutors had submitted text messages that showed tension between them while the defense submitted messages that indicated mutual affection. That evidence, the judge said, doesn't prove anything.

"Normal relationships are dynamic and unpredictable most of the time, while human beings are fickle," she said.

Pistorius faced 25 years to life in prison if convicted of premeditated murder for fatally shooting Steenkamp through a toilet cubicle door in his home in the pre-dawn hours of Feb. 14, 2013. He also faced years in jail if found guilty of murder without pre-planning, or of negligent killing. Pistorius could also be acquitted if Masipa believes he made a tragic error and acted reasonably.

Earlier, Masipa began by outlining in detail the four charges against the Olympic runner: Murder, two counts of unlawfully firing a gun in a public place in unrelated incidents and one count of illegal possession of ammunition.

Before the session began, Pistorius hugged his brother Carl, who was seated in a wheelchair because of injuries suffered in a recent car crash.

The parents of Steenkamp were also in the packed gallery. Other members of Pistorius' family, including his father Henke, sat behind him.

If Pistorius is convicted on any charge, the case will likely be postponed until a later sentencing hearing.

There were many journalists at the courthouse, where the sensational trial has unfolded over the last six months.

[BREAKDOWN OF JUDGE'S ANALYSIS FROM SOUTH AFRICA-BASED REPORTER:]


Witchy   thoughts and they ain't nice :

This is so "O.J. Simpson" it isn't even funny. The only difference is, this guy is so BLATANTLY and defiantly putting on this act. He is cold and calculating and has no problem waving his gun around. People are convicted on "circumstantial evidence" all the time, because rarely is there an eye witness present in the majority of crimes. This guy has GOT to see prison time. Guess his "acting lessons" paid off for him. This judge will not be too popular after this.

He's as guilty as they come. I wonder if South African "justice" is as far off as our American "justice?"

Justice was not served in this trial. This judge needs to be fired for lack of common sense. This clown got away with murder.

Another corrupt example of "Money talks and BULLSHIT WALKS!!!!! Just like OJ, Yep! Pistorius! Justice WILL catch up with you! Just like with OJ who will die Alone in prison!
NUFF SEZ
 

4 comments:

  1. Witchy ,
    Stopped over at Maxy's and beat it over here , the guys at work was saying the judge made a decision , I knew you and the Genie would have it .

    I wasn't expecting this verdict in a million years . I listen to the tape 3 times , this is horrible , just wrong .
    Witchy I am in agreement with you all the way , I think she is scared or was paid off . Why did it take her that long to come us with that BS crap . Lack of common sense , the judge or her assistants have any sense now we have to wait longer on another verdict that will end the way . There is no justice for the little same person . I have no pity for him .
    Another thing I agree on is that his acting lessons did pay off . But in the end he will get his just due .
    Ardis Whittin

    ReplyDelete
    Replies
    1. Howdy Ardis ,
      I had a feeling about this as you can see in my rant . You see it too many times when the guilt is rich . now if he was a poor slob , this trial would take only a week at the most .Now we have to wait until October for her and her assistants to finally give the last ruling . What a bunch of hoopla .

      Ardis , the defense attorney ... if he wins this case can ask for what he want in terms of money for speaking engagements . He will get a movie and a book deal . Anyway the judge rules I hope Gerri Nels appeal .
      Pistorius father s lawyer in high circles and he's rich , so let's just say he may make an offer that no one can refuse .
      We will now the outcome in October .
      See you later gator

      Delete
  2. Damn it, the guy should hang for what he did.
    The Judge is giving in to public and political pressure. If he gets a suspended sentence , I will go over there and shoot the sick little f**k myself and maybe the judge too. Wanna come Witchy???
    Give em hell my friend,
    Luv ya

    ReplyDelete
  3. Why is it that people on the outside can see through this little bastard and the judge and her assistants can't .
    The judge was not hired to give into public or political pressure ... she was hired to give justice regardless of what status in life you are .
    Yes , I wanna go and while you are shooting that little sick fuck ... I will be shaking the shit out of Judge Masipa and her dumb ass assistants . But hey , that's just me and the way I roll.

    Luv ya

    ReplyDelete