_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

The State vs Oscar Pretorius (Murder 1)



Trial Day 38

Start 9:30 AM Monday (7-7-14)

9:00AM J/Burg ----> 3:00AM ET ----> 2:00AM CT ---->1:00AM MT ---->12:00AM PT
(Times amended to include US clocks moved one hour forward)





Links for Live Streaming

telegraph.co.uk: http://www.telegraph.co.uk/news/worldne ... trial.html

wildabouttrial: http://www.wildabouttrial.com/one_off/o ... ve-stream/

channel24.co.za: http://www.channel24.co.za/TV/News/DStv ... d-20140228

mybroadband.co.za: http://mybroadband.co.za/news/internet/ ... aming.html

Mirror.co.uk: http://www.mirror.co.uk/news/world-news ... es-3201648




Twitter

wildabouttrial: https://twitter.com/wildabouttrial

#pretorius https://twitter.com/search?q=%23pretorius&src=hash

Oscar Trial Channel: https://twitter.com/oscartrial199

Factual Updates https://twitter.com/OscarHardTruth

GeraldImrayAP: https://twitter.com/GeraldImrayAP

Karyn Maughan (Legal journalist at eNCA): https://twitter.com/karynmaughan



Live Blog

Mirror: http://www.mirror.co.uk/news/world-news ... es-3201648

Sky: http://news.sky.com/story/1225139/live- ... rder-trial

Guardian: http://www.theguardian.com/world/2014/m ... rius-trial

telegraph: http://www.telegraph.co.uk/news/worldne ... -live.html

dailymaverick: http://www.dailymaverick.co.za/

enca.com http://www.enca.com/

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

Daily Mirror - Live Blog

http://www.mirror.co.uk/news/world-news ... al-3822337

8:07 am
Court will be back underway soon.

Unsurprisingly, the leaked video is the talk of the town today.

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

Judge explaining how she amended media ban on pub psych report.

Kenny Oldwage asks that court address objection over OP "running" down the passage

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Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

Herrie Nil... is being an asshole already

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Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

Nil gives in and stands to admit that he is a ASSHOLE!!

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

8:52 am
Nel accepting that he should have made the point about whether Pistorius was running "more clear".

Professor Wayne Derman now continues his evidence.

8:49 am
This is very tedious.

Kenny Oldwage is trying desperately to explain his problem to the judge.

She doesn't seem sure what he's talking about. Neither does anyone else.

8:43 am
Incidentally, Reuters has just obtained a response from Channel 7, the Australian channel which broadcast the leaked video of Pistorius reenacting the moment he shot Reeva.

The channel has defended their actions and called the programme a "significant investigation" by award-winning journalists.

"We would not have run the footage if we thought we had obtained it illegally," the network said in a statement.

"The story was run in Australia only and not made available in any other territory."

8:40 am
Kenny Oldwage and Gerrie Nel are debating a reference to Pistorius running in the court record.

It's very bad-tempered.

Nel says he was told he should apologise and he will do no such thing.

"I never said that" shouts Oldwage.

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

9:14 am
Nel says state appointed psychiatrist doesn't agree with Derman reading of Pistorius' anxiety scores.

Oldwadge wants to know if she' ll be called.

Nel says he doesn't have to reveal that.

He rephrases the question.

9:05 am
Nel asking Dr Derman if he feels "qualified" to comment on a psychiatrist's findings.

Dr Derman admits he read the findings of Pistorius' report before giving evidence.

9:03 am
Nel trying to establish that Dr Derman is not an "objective" physician.

He agrees he would not have given evidence for a family member.

Nel asks what the distinction is between Pistorius, a close friend, and a family member.

8:58 am
Pistorius has his head down as Nel tears into Dr Derman.

He is saying the professor's evidence has been "totally subjective".

8:56 am
Nel asking if the doctor was asked to read the bail application.

Eventually he agrees he was.

Nel says it was not the bail application he was given.

It was a statement.

8:54 am
Professor Derman has read relevant parts of the record referred to him by counsel.

He says it was from Thursday and Friday's proceedings.

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

9:23 am
This was Oscar Pistorius arriving at court earlier this morning.

9:21 am
Prof Derman getting a bit hacked off now.

He makes a comment about it not taking "a genius" to have made that finding.

Nel ticks him off for making a "sarcastic" remark and said, the point is it takes a "psychologist" top interpret the results.

9:19 am
Nel is still pressing Prof Derman on why he made comments about the psychiatric report.

He says it is not "foreign" to him and he has done his own research on anxiety and depression.

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

9:31 am
Derman says Pistorius cannot run on his stumps.

The definition is that both limbs have to be off the ground at the same time and that's not possible.

Nel asks if he thinks Pistorius could walk backwards on his stumps.

Derman says he doesn't see why not.

9:30 am
Nel asking Prof Derman now about him describing in court how Pistorius ran.

He confirms that Pistorius demonstrated this to him in chambers.

"I wanted to gauge by what he meant by run," Prof Derman says.

9:27 am
Nel refers to South Africa's Health Professions Act, which states that psychological scores can only be interpreted by psychology professionals.

The judge is annoyed that everyone doesn't have copies of this.

Nel says he will sort this.

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

9:50 am
Nel talking to Derman about the "flight or fight" response.

He says it's present in everyone.

He agrees that Pistorius had the option to flee on the night in question.

Derman adds that Pistorius' ability to flee isn't the same as everybody else, though.

9:44 am
A lot of discussion here about Pistorius running.

The reason, as Andrew Harding points out, is whether he can run without putting a hand on the wall.

9:40 am
The debate about the leaking of the Pistorius video continues to rage online.

The thoughts here of South African criminal expert James Grant on Twitter.

9:37 am
Pistorius family in court again today.

9:36 am
Nel asks Derman if he knows whether Pistorius is able to run without having his hand against the wall.

Derman agrees he doesn't know.

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

10:13 am
And with that Gerrie Nel asks for a tea break.

He will continue questioning Prof Derman in about 20 minutes.

10:13 am
Derman explaining that people with disabilities are more vulnerable to violent crimes the world over.

Nel: "You concede he's less vulnerable with a gun?"

Derman: "He might indeed be less vulnerable but how much less vulnerable I do not know."

10:09 am
Nel questions American stats referred to about disabled victims of crime suffering from cognitive and/or visually impairment.

Nel tells Derman this is about "hate crime" and isn't relevant to the case.

10:00 am
Nel asking Derman if he ever considered the state's case, or that Pistorius might be lying.

"Of course I have," he snaps in reply.

He says that any evidence he has given is open to cross-examination.

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

Tea Break

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Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

11:06 am
Nel:" The fact the accused was able to run on his stumps is something you cannot exclude? Even trying to break down the door, on his stumps?"

Derman "I remember that is what he did do. From the record."

Nel wants ten minutes to prepare before concluding cross-examination.

The judge agrees.

11:01 am
Porf Derman denies Nel's conclusion that his report suggests Pistorius is a "danger to society".

"This is what led to him killing a person and ending up before the courts?" Nel asks.

"I can't make such a statement," says Derman.

10:59 am
Nel asking if Derman did any tests on Pistorius after he decided to testify.

He didn't.

He is relying on historical data.

There's some jumping around by Nel here, designed to keep Prof Derman on his toes.

10:55 am
Derman says that being in "fear" mode, i.e. expecting a sound would potentiate (increase) the effect of being startled.

He admits thought that vigilance is increased also.

10:51 am
Nel asks: "In the bathroom the accused knows there is someone in the toilet, why would he be startled?"

10:45 am
Derman trying to stay strong on this point about the sounds and Pistorius being startled.

10:41 am
"I don't know exactly what it sounded like," says Derman.

"All I know is it startled him."

Nel says a magazine rack doesn't not make a sound on its own.

"I assume he thought it was an intruder," says Derman.

Nel picks up on this. Derman admits this is an assumption, it's not what Pistorius said.

10:39 am
Nel asking Prof Derman about the three startles were caused by sounds (window opening, door slam and magazine rack).

Nel asks where he got info about magazine rack?

From Mr Pistorius, Derman replies.

He can't specifically recall how he described the sound.

10:35 am
We're back underway.

Nel has been preparing for another line of attack at Prof Derman.

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

Nel finished cross.. but in SA you never miss a chance for a break... 10 minutes!

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Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

BACK.....DANG!! Nil is not done..

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

11:25 am
Derman holding firm after being accused of not being "objective" in his evidence.

11:23 am
Nel asks Derman why do you think Pistorius fired at the door?

"To nullify the threat".

"He thought there was a burglar in the toilet," he adds.

11:21 am
Nel accuses Derman of being "too scared" to concretely admit that Pistorius did not say that he heard a movement.

Nel saying that Derman is keeping it possible as an option because he only wants "to benefit the accused".

Derman denies this.

11:19 am
We're back underway.

Nel going back to third sound Pistorius said he heard.

He asks again if Pistorius told him he heard a movement.

Nel says at one point Derman definitely said no.

Pressed again now, Derman says "I don't recall him saying that".

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light