Oscar Pistorius: Bail Hearing, Day 2
Posted on Wed Feb 20, 2013 at 01:03:00 AM EST
Tags: Oscar Pistorius (all tags)
The bail hearing for Oscar Pistorius resumes at 9:00 am South Africa Time. (Midnight, MT). (Updates will be at the top instead of the bottom.) The journalists I am following today on Twitter who are the source of my updates: @BarryBateman (Eyewitness News);@BBCAndrewH; David Smith (The Guardian); @AlexCrawford (Sky News); @KarenMaughan (legal journalist).
Final Update 12:45 pm SAT: Court breaks for lunch unitl 1:30 pm. "We're in terrible trouble" a junior prosecution official says when leaving court. [More...]
Terrific cross-examination by defense attorney Roux. Even Oscar stopped crying by the end. Piece by piece he disassembled the state's case, made the investigator look incompetent, careless, foolish or biased. Could it change after lunch? Maybe, but I'm going to bed.
Update 12:15 pm SAT: Defense attorney Roux cross-examines Investigator Botha. Among the points made:
Botha agrees that the autopsy showed no signs of assault or any signs of Reeva defending herself against assault .
The autopsy showed Reeva's bladder was empty when died, consistent with Oscar's account that she got up to go to toilet. Botha agrees with this. Botha admits he would have locked toilet door too if he was in Reeva's position having heard Oscar shouting to call police.
The witness who heard shots got the number of shots, timing and placement wrong. Botha says the witness heard "two to three" shots, saw lights on, then 17 minutes later heard "two to three" more shots.
Botha never asked Oscar or his brother if they had other cell phones.
Roux says there is a call to Netcare (paramedics) at 3:30 a.m. Botha admits police failed to call Netcare to check whether they were called. Oscar called the security guard at 3:20 a.m. and the guard heard him crying after he forgot to put phone down.
Botha admits that the witness who heard screaming lived 600 M away. There are audible gasps from those in the gallery. And laughter, the Magistrate calls for silence.
Boutha admits he's found nothing to contradict Oscar's affidavit that he and Reeva were in love. He found nothing at the crime scene to contradict Oscar's version of the shooting or version of events.
The testosterone was testocomposutim co-enzyme, which is herbal, not a steroid, and not a banned substance. Botha admits he didn't read the full name on the label.
Multiple reporters are tweeting Botha is coming unglued, looking like a Keystone cop. He's stuttering. One says it's like watching a baby seal get clubbed. Oscar begins heaving and sobbing and the Magistrate asks Roux to ease up on the cop.
Lawyer Roux says instead of verifying information, Botha introduced untested evidence. Roux says, "It seems that an approach was adopted to discard anything that could have been consistent with a defence."
Here's a photo of the floor plan of the house introduced in court.
Update 12:00 pm SAT: Botha is done talking about the house. He moves on to: prior bad acts (Why are these admissible?)
They have a statement from former soccer player Mark Batchelor that Oscar threatened to break his legs.
Botha says Oscar threatened a man at the racetrack "over a girl" and said he would "f... him up." The man was so scared he consulted a lawyer.
Botha says police found two bottles of testosterone, needles and injections in a cabinet in Oscar's bedroom. (They were neither steroids nor a banned substance."
Botha brings up the accidental discharge of a friend's firearm in the restaurant and says Oscar was afraid of bad publicity so he asked the friend to "take the rap" for him. (In a news interview, the restaurant owner said the incident was never reported. The friend told the media the weapon was his and Oscar was looking at it and it caught on his pants and discharged.)
Oscar told them he had been the victim of violent crime but Botha says Oscar never filed any reports to that effect.
Update 11:25 am SAT: Court has resumed. The photographers were let back in and started snapping pix of Oscar when he entered the courtroom, and he began crying again. Pictures of the house are shown on the projector as the prosecutor asks Investigator Botha to describe what is being depicted.
Botha thinks bullets were fired "down" and through top part of door "suggesting Oscar had prosthetic legs on." But another reporter says the police don't have the ballistic reports back yet so this may be speculation.
To get to the bathroom from the balcony, you have to go past the bed. There were two dogs -- a terrier and a pit bull -- in Oscar's backyard. The window leading from the toilet looks onto the backyard where the dogs were. Pistorius said while on the balcony he heard a noise coming from the toilet, so he ran through the bedroom where he thought Reeva was asleep.
The prosecutor asks Botha about the size of the window in the toilet (too small to escape through.)
The cricket bat was found in front of the first basin.
Botha says according to the police preliminary investigation, the shooter would have to be inside the bathroom with his back to the basins. (Haven't they progressed past a preliminary investigation yet? Apparently not, there's been no testimony about forensic tests.)
The holster for the 9mm gun was on the same side of the bed as Reeva's slippers. He's suggesting that Oscar got the gun from her side of the bed. reached over her side of the bed to get the gun. He says, "If I had heard a noise, as Pistorius claims, "I would have tried to find where my girlfriend was".
Botha says police have a witness who claims he heard shots, checked and saw lights on at the house and then heard screams and more shots. (Apparently he went back to bed and did not call police.) This suggests to police Oscar was not telling the truth when he said he shot in the dark. Another witness heard arguing between 2 and 3 a.m.
Botha also says "I believe he knew she was in the bathroom when he fired four shots through the door."
Update: 10:50 am SAT: The judge wants to see diagrams of the house and bathroom in particular to get a better sense of what happened. The defense says it has the official plans. Court has taken a 30 minute break so the diagrams can be viewed via the projector.
While we're waiting, you can take a look at two pictures of the bathroom published the other day by The Sun, here and here.
Update 10:25 am SAT: The state calls investigator Hilton Botha as its first witness. Botha, who has been a cop for 24 years, says he arrived at 4:15 am and victim was dressed in shorts and covered in towels.
Botha is asked why he thinks Oscar is a flight risk. He has a house in Italy and there was a USB drive in his kitchen safe with details of off-shore accounts. (Apparently, he didn't disclose the accounts in his interview with police.) It's a very serious crime carrying 15 years to life in prison.
Botha says Oscar will also face charges for having unlicensed ammunition. There was a box of .38 caliber ammunition in his bedroom safe and he doesn't have a license. Botha says he went into the bathroom and the toilet door was lying broken inside the cubicle. The gun was lying on a bathmat.
Botha says police found two iPhones in the bathroom and two blackberrys in the bedroom. They checked and found no calls were made that morning, to ambulance or police.
Four shots were fired, aimed at the toilet basin (not the bowl.) Botha says to obtain the trajectory which created the holes, you'd have to be 1.5m from the door. (No testimony yet about the height they were fired from.)
Botha says Reeva was shot on right side of head, in the right hip and the right elbow.
Botha says the cricket bat could have been used to break door down, but police think it was used to injure the victim. There has been no mention of blood on cricket bat or a crushed skull.
Update 10:10 am SAT: Finally, court is going to begin (delay was trying to set up video in overflow room. They will proceed without it.) Magistrate Nair says the first thing to be addressed will be the defense request from yesterday for more information.
The Defense says it's satisfied with the information the prosecution provided.
The Prosecutor says Reeva was shot in her side and this is relevant to premeditation. He also mentions someone hearing what sounded like an argument between 2:00 and 3:00 a.m.
Update 9:20 am SAT: Hearing delayed, the TV monitor for the overflow room went to the wrong court. The media is like vultures, here they are inside the courtroom. (The photographers will have to leave once proceedings begin.) Oscar's lawyer tells BBC's Andrew Harding things went well yesterday. Today is expected to be tougher (not clear if lawyers or Andrew thinks that.)
It's expected to be an evidentiary hearing, with testimony from the lead investigator, Hilton Botha (photo here.). No word yet if the defense expert Reggie Perumal, who was present in court yesterday, will testify. It seems that he will since the defense is holding onto house plans. We can expect to learn about " the layout of the rooms including the bedroom, bathroom and toilet, and balcony.
Here is an explanation of the law on bail in South Africa.
The Guardian is reporting live here. The Telegraph is updating its webpage every 90 seconds. South Africa's News 24 live page is here. Here's my recap from yesterday's hearing.
The journalists were lined up early. Then it became a madhouse like yesterday. One journalist collapsed while waiting. (It was Karen Maughan, but she's fine now and tweeting away.) Journalists are even sitting on the floor of the courtroom. Oscar Pistorius has arrived, as has his legal team. The overflow room for the media with video screens is being set up.
Already there is disagreement: One reporter says Oscar arrived and entered the front of the courthouse while another says it was the rear of the courthouse. Is this the front or the back? According to the AP, he entered through a side entrance. The obvious: Take what you read with a grain of salt.
To get a sense of the media presence, here's a photo of them a few minutes ago being briefed by a court official.
Here's a bigger photo of the Brooklyn Police station where Oscar has been held.
Here is a photo of Oscar's sister, brother and father sitting in court waiting for proceedings to begin.
Updates once proceedings begin will be at the top.
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