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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...]

Importantly, the report makes clear Oscar’s psychological issues manifested after the shooting, not before. And, that Oscar's reaction that night might seem "extraordinary" for an able-bodied person, but not for Oscar.

Oscar's team doctor testified. He may be the last defense witness. He is currently a professor of sports and exercise medicine at the University of Cape Town. He specialises in the prevention of illness and injury in athletes with impairments or disability. He has received several awards. He says the role of a team doctor is to establish a relationship of trust to care for the athletic in a holistic way. He said the relevance of his testimony is his expertise and experience, as well as his intimate knowledge of Oscar, whom he's treated for 6 years. They lived together in a team setting in Beijing & London.

The doctor testified he has observed Oscar interacting with fellow athletes, authority figures and the general public. He has kept in touch with Oscar since Reeva's death.

The doctor says Oscar is highly professional, disciplined and focused. He is very vigilant not to consume prohibited substances.

Oscar has had respiratory tract infections, allergies and problems with his left stump particularly. The pad on bottom of his stump had moved, resulting in him being unable to bear full weight on left leg without leaning. Balance and walking are difficult for him.

He says Oscar is an anxious individual. He has tremor in his hands and a sleep disorder. He testifies about his research on psychological distress in disabled athletes. He says markers for anxiety and depression are higher among disabled athletes than able-bodied athletes. Oscar, he says, has an exaggerated startle response, even at fireworks displays at opening and closing ceremonies. He covers head and ears and "cowers away" until the noise stops. He is hyper-vigilant, which manifests in restlessness, looking around, and scanning for a potential threat.

He also talked about the startle and fight/flight response, saying he has witnessed exaggerated startle and fight / flight responses in disabled people, where able-bodied not react. ""I have observed a significantly higher startle in persons with disability reacting to perceived threat and imminent fear of harm". He says He says it's a primitive response -- adrenaline kicks in, the heart rate goes up, and the muscles prepare.

The Doctor said the last time he spoke to Oscar before Reeva died Oscar had told him "he was lying next to the "most wonderful girl he had ever met." Oscar called him 12 days before shooting and told him he couldn't wait him to meet Reeva.

I still believe that the state has not come close to proving its case beyond a reasonable doubt, and that an acquittal is in order. I think Oscar's lawyer outperformed his adversary by miles. All Nell displayed was anger as he presented his dubious theory and conflicting witness testimony. We'll have to wait to see if the Judge agrees.

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    If so (none / 0) (#1)
    by jbindc on Wed Jul 02, 2014 at 08:05:31 AM EST
    He says Oscar is an anxious individual. He has tremor in his hands and a sleep disorder. He testifies about his research on psychological distress in disabled athletes. He says markers for anxiety and depression are higher among disabled athletes than able-bodied athletes. Oscar, he says, has an exaggerated startle response, even at fireworks displays at opening and closing ceremonies. He covers head and ears and "cowers away" until the noise stops. He is hyper-vigilant, which manifests in restlessness, looking around, and scanning for a potential threat.

    Then someone should have intervened and made d@mn well sure he had no access to guns.

    He is hyper-vigilant? (none / 0) (#3)
    by Mr Natural on Wed Jul 02, 2014 at 10:33:22 AM EST
    Just a bit of cognitive dissonance here...

    One minute, he's "hyper vigilant."  The next, he's pitifully incapable of noticing that Riva wasn't in bed.  Since he occupied one side of the bed before closing the door and almost immediately fetched is gun from the other side, he had observed both sides, what you'd expect of a "hyper-vigilant" kinda guy.


    Parent

    I hear ya (none / 0) (#4)
    by jbindc on Wed Jul 02, 2014 at 10:44:02 AM EST
    I know this is a defense site, but I don't know how anyone can, with a straight face, think that the prosecution didn't prove their case and that Mr. Pistorius will be found guilty of at least culpable homicide.  His story is not even close to being credible and the defense witnesses have had major holes poked through their stories.

    But we shall see.

    Parent

    I don't believe they proved murder. (none / 0) (#5)
    by Donald from Hawaii on Wed Jul 02, 2014 at 02:29:32 PM EST
    But I agree with you that Oscar Pistorious should probably be found guilty of culpable homicide. Society should not hand out mulligans to those who take another's life through their own negligence and recklessness, just because it was never the intent of the accused to kill someone.

    Further, Pistorious has a documented history of irresponsible public gunplay and when caught in one instance, allegedly asked an acquaintance to take the blame for him. I'd offer that this is the act of an emotionally immature and self-absorbed individual.

    I will agree with Jeralyn that it was never the defendant's intent to cause Reeva Steenkamp any harm that night, and that therefore he is not guilty of murder. Nonetheless, the facts of this case do show that she died at his hand, and further that her death is due to no reason other than his own admitted fear (paranoia?) about becoming a potential victim of violent crime -- even though he resided in an exclusive gated community in Pretoria that was patrolled by armed guards 24 hours a day.

    Given the setting in which the homicide occurred, one can reasonably conclude that the defendant's fear of armed and violent intrusion was not a rational one. Yet the defense would insist that while the defendant is completely of sound mind and not gripped by a crippling anxiety disorder, his conduct should be excused because while he obviously panicked and acted on that aforementioned fear, he never meant to cause the love of his life any harm. They apparently wants to have its cake and eat it, too.

    I don't fault defense counsel for wanting us to believe that, because they are obliged to defend their client vigorously and to the utmost of their abilities. Barry Roux had to play the hand dealt to him by the totality of circumstances, and he certainly played it very well.

    But when all is said and done, a young woman died needlessly at the hands of her lover, for no reason other than an irresponsible negligence on that lover's part which was predicated upon by his own irrational fears. And if the defendant is of otherwise sound mind, as his counsel insists and medical professionals have since concluded and confirmed, then there should be some sort of substantive price exacted from him for having taken her life.

    Now, I'm not an attorney, but I do have considerable personal experience as a legislative analyst in the drafting and enactment of law, which includes criminal statutes. And based upon that personal experience, I would observe that generally, life tends to thwart and undermine most all our attempts to define it in uniformly black-and-white terms.

    Accordingly, I believe that our collective sense of justice -- regardless of the case and matter which might be before us -- should rightly defy any and all attempts to see its legal outcomes either restricted or reduced to a series of zero-sum contests, by which only one side or the other is allowed to prevail in full.

    To give in and do otherwise is to not stand upon longstanding principle, but to instead surrender to the expediencies of the given moment, which can only enhance such opportunities for grievous miscarriages of that justice to occur.

    Aloha.

    Parent

    Actually, (5.00 / 1) (#6)
    by sarcastic unnamed one on Wed Jul 02, 2014 at 02:41:22 PM EST
    Society should not hand out mulligans to those who take another's life through their own negligence and recklessness, just because it was never the intent of the accused to kill someone.
    I think we agree on this sentiment, however I believe your characterization of Pistorious is not correct; he absolutely, 100% intended to kill someone.

    The main question the judge needs to decide, I think, is did he kill the person he was trying to kill?

    Parent

    Yep (none / 0) (#7)
    by jbindc on Wed Jul 02, 2014 at 02:55:19 PM EST
    Because, if SA law is anything like American law, then if he intended to kill someone then under the doctrine of transferred intent, he can be found guilty of murder.

    Parent
    coded words (none / 0) (#8)
    by thomas rogan on Wed Jul 02, 2014 at 09:16:34 PM EST
    This expert is listing the symptoms of Post-Traumatic Stress disorder although the detailed psychiatric examination found no such diagnosis.  

    Parent
    PTSD (none / 0) (#9)
    by jbindc on Thu Jul 03, 2014 at 07:51:49 AM EST
    Would occur after the shooting and should have no bearing on his intent or actions.

    Parent
    I can't really follow this case (none / 0) (#10)
    by Militarytracy on Thu Jul 03, 2014 at 10:37:39 AM EST
    Detail by detail, it's too gruesome for me.  But Joshua is very high risk for developing PTSD because of his disability and his surgeries.   PTSD doesn't just manifest in those who have experienced violent murder and mayhem. Extreme surgical procedures having to be preformed on children can and do result in hampering them with lifetime PTSD. Though we see none of this with Josh at this point, we have been warned and we do what we can to make certain he never feels overwhelmingly vulnerable.

    And I think Pistorius is guilty of murder

    Parent

    I could be wrong (none / 0) (#11)
    by jbindc on Thu Jul 03, 2014 at 10:44:12 AM EST
    Since I can't actually watch the trial, but I believe what was testified to was that he has suffered from a major anxiety disorder and PTSD since the killing.

    Parent
    I am confused (none / 0) (#12)
    by Militarytracy on Thu Jul 03, 2014 at 12:13:52 PM EST
    When the doctor says Oscar is an anxious individual and goes on to describe him not being able to bear hearing fireworks and such at sporting events, it seems to me he is talking about Oscar before the shooting.  He does say he has kept in touch with Pistorius since Reeva's death, but he doesn't say they have been attending sporting events together again and that this cowering around fireworks is new behavior.

    Parent
    He may have suffered anxiety (none / 0) (#13)
    by jbindc on Thu Jul 03, 2014 at 12:19:19 PM EST
    before the shooting (although there is no indication that he didn't know right from wrong), but the PTSD is from after the shooting.

    South African double amputee Oscar Pistorius has been greatly affected by his disability, a sports doctor has told his murder trial in Pretoria.

    Defence witness Wayne Derman told the court that the Paralympian suffered "significant stress and anxiety".

    Mr Pistorius says he shot his girlfriend Reeva Steenkamp after mistaking her for an intruder in their house last year.

    The prosecution argues that he killed her deliberately after a row.

    At issue is the athlete's state of mind at the time of the shooting.

    On Monday, the court heard he was not suffering from a mental disorder when he shot Ms Steenkamp.

    According to a psychiatrists' report, Mr Pistorius, 27, is capable of distinguishing between right and wrong and so should bear criminal responsibility for his actions.

    The court also heard a psychologist's assessment on Wednesday which found that he had post-traumatic stress disorder since the shooting and could be a suicide risk.



    Parent
    I unfortunately am exposed to a great deal (none / 0) (#14)
    by Militarytracy on Thu Jul 03, 2014 at 01:38:06 PM EST
    Of PTSD these days.  His previous symptoms sound like PTSD, and once a person develops PTSD it easily becomes elevated or exacerbated by over stimulation or significant events.  PTSD responses can rise and fall though in an individual.  Being diagnosed with PTSD doesn't immediately remove you from service now either, they are working on scoring the level and retaining some people with more mild PTSD.  Some PTSD can resolve and heal over time as well and some cannot.

    We had many people come home from war though and be diagnosed as having anxiety, but later be diagnosed by a different PhD as suffering from PTSD.  It seemed that the military liked the anxiety diagnosis because it meant it wasn't their fault....after awhile they had own the PTSD because 80% of the military can't be suffering from a genetic anxiety disorder :)

    Parent

    I am very sorry to hear that (none / 0) (#15)
    by jbindc on Thu Jul 03, 2014 at 01:54:33 PM EST
    I can't imagine what you live with, but lucky for you it sounds like your Josh is a fighter and a nice boy.

    Parent
    I think he suffers (none / 0) (#17)
    by Natal on Thu Jul 03, 2014 at 09:34:25 PM EST
    more from anger issues than anxiety.  But the state hasn't really highlighted this and it seems the psychiatric report doesn't mentioned it in what has been revealed so far.  A few witnesses mentioned it and Reeva herself in an email said to him that she was afraid of him because of the way he snaps at her.  But then again anger is tied anxiety in a way I suppose.

    Parent
    Snapping easily is also one of the first (none / 0) (#18)
    by Militarytracy on Sat Jul 05, 2014 at 04:42:42 AM EST
    PTSD indicators that you may notice according to what military families are being told.  Here is a link discussing angry outbursts and PTSD.

    I wonder why Pistorius defense seems to be deliberately steering away from a PTSD diagnosis?  Maybe because a lot of people have it, and they don't grab a gun and start firing?  

    Parent

    He Will Get off Scot-Free? (none / 0) (#2)
    by RickyJim on Wed Jul 02, 2014 at 09:15:14 AM EST
    I still believe that the state has not come close to proving its case beyond a reasonable doubt, and that an acquittal is in order.

    I don't see how he can beat the culpable homicide charge.

    Hmmm (none / 0) (#16)
    by jimakaPPJ on Thu Jul 03, 2014 at 05:35:59 PM EST
    If you agree that he was trying to protect himself and his girl friend by shooting at an intruder then I don't see how he is guilty of anything.

    If you don't then he is guilty of murder.

    Australian TV Airs Pistorius' Re-enactment (none / 0) (#19)
    by Mr Natural on Sun Jul 06, 2014 at 10:17:00 PM EST
    (Reuters) - An Australian current affairs television programme on Sunday aired footage of a re-enactment by Olympic and Paralympic star Oscar Pistorius of the shooting of his girlfriend Reeva Steenkamp.

    With Pistorius' murder trial still underway in South Africa, the family lawyers of the accused athlete said the "visual mapping" re-enactment was for trial preparation only and they alleged it had been "obtained illegally" by Australia's Channel 7, which ran the video on its Sunday Night programme.