Oscar’s Freudian Slip of the Mind

In True Crime, patterns emerge in the ether.  The criminal mind tries its damnedest to shroud the truth, and yet patterns form in the dark matter like ripples of gravity expanding through time.  These ripples are the ripples of guilt, of a criminal knowing exactly what he/she has done, and the efforts to fill an absence with a false reality that doesn’t quite fit with the whole reality.  The interesting thing is how our minds, even when we consciously try to lie or deceive others, make little slip-ups.  Why?  Because our brains aren’t designed to tell false stories, our brains are designed to record reality accurately.

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So let’s look at an instance of not merely a Freudian slip, but one of the mind.

Oscar Trial, Day 20, April 11, 2014. 

From YouTube: [27:25]:

Nel:  After you brought the two fans in, what happened then?

Oscar:  I placed the two fans on the floor and I closed the doors, and I closed the curtains my lady. 

The words “I placed”. Oscar’s first two words, are already indicative of a ruse.  Most people would say “I put” or “I moved”.  Imagine you’re moving chess pieces; would you “place” them or move them?  Placing them is a strategic intent.  What is the strategic intent behind “placing the two fans” anywhere?  Well, there’s a very clear strategic intent to deceive via distraction.  By Oscar “placing” objects, he’s also placing us where he wants us in his story, and Reeva too.  He’s playing us for a bunch of pawns.

Nel:  Yes, and then? hifi system

Oscar:  I then went to the amplifier to cover the light with the pair of jeans, and it was at that point that I heard the noise coming from the bathroom my lady.

Besides “placing” Oscar is “covering” the light, and by inference muffling the thing making the noise too.

Nel:  Now, let’s just deal with that.  You, why did you want to cover the light?

Oscar:  Because it was distracting my lady.

Did you say DISTRACTING?  Don’t you mean disturbing?  Distracting is to divert attention, something disturbing you is bugging you, perhaps preventing you from sleeping.

Nel:  Why would that be?

Oscar:  I was trying to sleep.  If there was a light on, it would distract me my lady.

Nel:  So that was sharp enough light to bother you in your sleep?

Oscar:  It must have been my lady.

Ummmm…actually, I’m going to have to disagree with you.   When a murderer gives a version, everything is important, even the diversion.  So let’s look at this one and test it, shall we?

When somebody says something and it’s a lie, the psychology of the lie – what it’s revealing or not revealing – is a clue to what happened.  It’s dissembling.

Marc Batchelor, one of Reeva’s friends who’s occasionally attended trial proceedings, thinks that Reeva made a recording of an argument between Reeva and Oscar on Oscar’s phone.  Oscar in turn may have subconsciously been thinking about that act of getting rid of the phone by using the stereo light as symbolism for the phone. A stereo like a phone is something that makes a noise and shines a light.  cell phone

We know that in the true scheme of things, subsequently the phone was wiped by Carl in an elaborate cover-up.  So the sound and the light was covered up.

A parallel to all this is that Carl’s Twitter account was closed, and then later re-opened but made private, this past week at the request of Uncle Arnold.

It’s a shutting down of some type of leaking of information.  Is that what Oscar was doing?  Let’s face it, the story about the stereo and the jeans was certainly odd.

From Psychology Today:

Sigmund Freud, whose name is indelibly linked with such gaffes, called them Fehlleistungen(faulty actions) in his 1901 book, The Psychopathology of Everyday Life. He deemed them notable for revealing an unconscious thought, belief, wish, or motive. “Almost invariably I discover a disturbing influence from something outside of the intended speech,” he wrote. “The disturbing element is a single unconscious thought, which comes to light through the special blunder.”   It threatens to reveal passions and motives and problems that lurk so far below the surface that we don’t even know they exist. 

But when we know where to look not only do we find what exists, but the dark arts our murdering artist is actually engaging in…

Oscar Pistorius Case Discussion – Open Forum

This page is open to all who’d like to discuss the Oscar Pistorius case.  All related topics are welcome.  Click on “Leave a Comment” at the top of the page to begin a discussion.  Those who are interested in participating can reply in return to that comment.  

I do monitor for trolls, spam and inappropriate material.  We don’t mind spirited debate, we encourage it, and it’s fine if you like to swear – we do too! – we just ask that you be respectful of your fellow posters.  We look forward to the conversations.

 

 

 

Oscar Pistorius Sentencing Hearing: Day 2 [LIVE COVERAGE]

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Oscar’s sentencing hearing is in full swing, and with the help of Nick, who’s on-site in the courtroom, we’ll be bringing you the sights and sounds from Pretoria [LIVE], right here on this page.  The most current updates will be posted at the top.  All time stamps are South Africa time.

You can also follow our Twitter feeds at:

@shakedowntitle        @HiRezLife        @lisawj13

Court will resume tomorrow, Wednesday, at 9:30am

2:05pm – With only an hour left to go in the court day [they always wrap up promptly at 3pm] Nel asks that they adjourn early so his last witness doesn’t have to carry over until tomorrow.  He said it’ll be emotional testimony and may take up to two hours, or could be less.  There are a few different theories of who the last witness will be.  I originally read Kim Martin, but Kim wouldn’t take 2 hours.  Some other theories are Gina Myers, Trish Taylor or Samantha Taylor. I think it will be June.  

Roux was pretty annoyed by the multiple breaks that Nel has been requesting.  He objected to them finishing early and said to Masipa he felt like it was a tactic.  Nel barked back that it wasn’t, he was just trying to manage his witness and this adjournment was in their best interest.  Masipa hesitated, but gave it to Nel.  She seems to be a little softer on him these past few days than she was during the original trial.

After the last witness testifies tomorrow, both sides will argue their case, and then it goes to Masipa for a decision.  Many think she’ll decide the sentence by Friday.  I’m really not sure, although I lean on the side of Friday as well.  I just don’t think anybody, including Masipa, wants to drag this out any longer.

1:22pm – From Nick:   ‘June looks shattered.’  

A voice of reason…

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12:56pm – Roux is coming at Mashabane pretty hard.  She’s been very emotive on the stand talking about her experience with Oscar.  Roux trying to package it as simple incompatibility, but Mashabane clearly feels Oscar was out of line with his tantrums.  Roux’s trying to get her to say that Oscar isn’t violent, to which she will not agree.  Roux gets admonished by Masipa for trying to trick the witness. Hmmm… is Masipa starting to wake up?

12:55pm – Notice the dining table in the picture below – that’s the dining set that Oscar had in his Pretoria home.  The one where he says that he and Reeva had dinner on the last night of her life while working on her modeling contracts.  The one that was just feet away from Reeva’s dead body as Oscar dumped her at the bottom of his stairs.  Carl’s working extra hard on PR this week… fishing for sympathy for Oscar but proving to the world how utterly insensitive their family can be.

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12:35pm – Oscar glaring at Mashabane 

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12:30pm – From Nick:  ‘Shrink lady shakes her head when Mashabane says Oscar was never assaulted as he claims.  No report ever filed.’ 

12:27pm – Mashabane is going into a detailed explanation about what medication was officially prescribed for Oscar, and what wasn’t.  When she tried to explain to him the protocol and why he was being denied certain drugs, he threw hissy fits.  He also claimed that one of his medications wasn’t working, yet when he turned the bottle into Mashabane, it hadn’t been opened.

From Nick:  ‘Masipa looks bemused.  Barry Roux looks a bit worried.  Like WTF has my client been doing?’

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12:14pm – Oscar’s hand is on his forehead, staring at the prison official.  This is the most interested he’s seemed in any of the testimony thus far.

12:10pm – Nurse Mashabane, a nurse from the prison where Oscar served 10 months, is the 2nd witness for the state.  She’s talking about how on March 1, 2015, Oscar screamed at her to get out of his cell while he was sleeping and she was trying to complete her rounds. Apparently he covered himself with his sheet and told her she was disturbing him.

11:54am – From Nick:  ‘Barry and June not really talking.  Henke and Arnold not really talking.’

More of Carl’s B.S….

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11:40am – Still on break.  Carl was overheard talking to a security guard in the hall about facial recognition software.  Lord knows what the hell the Incredible Hulk is up to now…

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11:35am – From Nick:  ‘Oscar did eventually leave the courtroom out a side door with Aimee and Carl.’  

It’s hard to say if there’s tension amongst them, or if it’s just the emotion of the moment that has Oscar with his panties in a bunch.

11:29am – From Nick:  Aimee and Carl went over to Oscar in the dock to console him but he turned away from them.  I wonder if he’s upset with his family for not testifying?  Whose decision was that?  That must be pretty disappointing when not a single person in your life stands up for you.  Where’s his buddy Alex P. who was a huge supporter of his back during trial?  

11:20am – It looks like Oscar has some type of bruise or blister on his forehead.  Any guesses on the cause?  Fight? Drunken fall?  Intentionally banged his head on the wall?

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11:19am – Roux starts off cross-examination saying he had considered going through the objective findings with Barry today.  But now after hearing his testimony, he has decided it wouldn’t be appropriate.  He basically gave himself a pat on the back for working extra hard not to be a dick.  FYI Roux, mentioning that you decided not to be a dick, still kinda makes you a dick.

So instead Roux just says they understand and they’re really very, very sorry.  Barry acknowledges that Oscar did reach out to them through his lawyers to meet with them and they [he and June] declined.  He says they’re just not ready to do it right now.  Barry, says through tears, someday he wants to sit down alone – he and Oscar – to have a conversation.  

Nick said he could see Oscar nod his head in agreement when Barry said this.  And Roux reiterates that it’s indeed what Oscar wants.  Can you imagine.  How the hell do you have a conversation with the murderer of your child without ripping their throat out?  But I can also appreciate how a victim would want to ask questions of a perpetrator.  They’ll never get the answers they’re looking for, but I can appreciate the effort to try.

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11:12am – Perhaps the most painful part of his testimony was when he talked about how he could visualize Reeva’s fear and pain as she was being murdered.  He was in a place of not knowing what was real, and what he was imagining.  Like a perpetual nightmare that you’re unsure whether it’s a hallucination or not.  He would hurt himself by punching the wall and other objects so he could physically feel the pain. Feel Reeva’s pain.  He was shaking uncontrollably while sharing this with the court.

Meanwhile, Aimee is seen in the background sitting totally stone-faced.  The only visible emotion that I could detect was annoyance.

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I’ve always found it incredibly telling that Reeva never mentioned Oscar to her dad.  It’s a big deal for any woman to tell her dad about a guy she cares for.  Dads don’t want to hear about random hook-ups and casual dating – obviously – nor do women want to share that kind of stuff.  Women do however talk to their dad about special relationships.  The fact that Reeva never even mentioned Oscar’s name to her dad, even though they spoke on the phone every Sunday, says a lot.

11:10am – Barry explained to the court that he and June were in a terrible financial situation at the time of Reeva’s death.  Reeva had told friends that she wanted to make enough money to look after her parents one day.  Barry says that just two weeks after Reeva’s murder, their landlord sent them a notice because of what she had seen in the news.  They were so upset by this insensitivity that they decided to immediately relocate.

Barry talked about his disappointment that Oscar’s defense brought up the fact that Oscar gave them money.  It was something that the lawyers had worked out and had agreed to keep out of the public [because it’s nobody’s fucking business.]  It wasn’t blood money.  Just like every family that’s ever filed a civil suit, the Steenkamps needed financial help – needed, not wanted – and Oscar paid up.  

10:59am – I’ve seen a lot of court cases over the years, and a lot of devastation, but can honestly say that Barry’s testimony is some of the saddest testimony I’ve heard in a long time.  

At one point he turned and spoke directly to Masipa asking that the court allow photos of Reeva’s injuries to be shown so the world can see the wounds and pain inflicted upon her.  He also hopes “…. that the world can see this and that most probably distract people who are thinking of that type of deed to stop them in the future.”

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10:29am – Barry is crying and shaking.  It’s heartbreaking.  He says they have pictures of Reeva all over the house.  He’s changed completely since Reeva’s death.  He can’t mix with people anymore.  He sits on his veranda at 2/3am and smokes and has his coffee.  Nick and I can attest to Barry having a bit of a wall.  June has it too. When we met the Steenkamps last year, we all sat around one table, except for Barry who sat at a nearby table.  He just needed a little bit of extra space.  He didn’t really engage in much conversation.  He seemed content with just being there and listening.  Despite Barry being an incredibly warm and gracious person, it’s impossible to miss his brokenness.  Now that’s REAL brokenness.  Not the stuff that Oscar fakes.

“Every day of my life is the same” – Barry explaining, through tears, how although people say time heals, nothing has changed for him since Reeva’s death.

10:26am – Kim Martin’s husband is offering Barry support.  Barry’s in the witness box now. [images courtesy of Karyn Maughn]

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9:59am – From Nick… he says the tone in court today is “quite festive.”  So obviously his vibe is much different than ours watching from afar, as is always the case anytime you’re actually present in court.  Oscar came over briefly to where he [Nick] is sitting and looks less whacked out than yesterday.  He’s hugging lots of people.  Aimee gave her dad, Henke, a big hug.  There hasn’t been any noticeable one on one interaction between Henke and Oscar.

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9:54am – And again within minutes… the witness is done.  That’s it for the defense?  No family, no friends?  An extremely lack luster ending on Oscar’s side.  One can’t help but wonder, why.  Have they given up?  Do they know something we don’t?  

Nel wants a break which means Barry Steenkamp is probably coming up next.  Such an odd feeling these last few days.  Like we’re on the home stretch of this quest for justice, and yet, it just feels empty and kind of unsatisfying.   Oscar’s still playing games and the defense witnesses are still useless.  Everyone has had enough.

9:33am – Today’s 2nd witness, and the final witness [I believe] for the defense is Marius Nel.  He’s a pastor at 3C Ministries which helps the underprivileged.  He’s also a registered spirital worker at DCS.  He has visited Oscar many times over the past few years.  He experienced Oscar as a man that was broken.

Marius says there are schools in need of assistance, for sports, nutrition, etc., and they’ve expressed interest in having Oscar help them out.  When he says this, Jenna smiles and looks in Oscar’s direction with little imaginary hearts beaming from her eyes.  Meanwhile, Oscar has his head down, probably doodling.  He seems pretty uninterested.

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9:30am – First up, is a woman from Iceland named Ebba Gudny Gudnundottir (not sure if I spelled that right.)  11 years ago, she found out while pregnant that her son would be born without legs.  She went online and researched double amputee and images of Oscar came up.  Her mother decided to write to Oscar, not really expecting to hear back.  But Oscar did write to them and eventually they all met and a friendship formed.  Oscar was a friend/mentor of sorts to both of Ebba’s children.  At one of Oscar’s competitions, he gave his medal to Ebba’s son.  

Ebba spent all of about 5 minutes on the stand.  The only question Nel asked was the age of her son to which Ebba answered, eleven.  My guess is that when/if Nel addresses this witness in his arguments that he’ll say the person Oscar was eleven years ago [when he first engaged with the family] is different than the person he is today.  Screenshot 2016-06-14 20.56.35

Something to note:  Oscar’s ex Jenna Edkins (BabyShoes) has been in court this week.  She’s in the olive green sweater, sitting next to Aimee.  Hmmm.. friends or lovers again?  

 9:23am – Nick reports there are big smiles at the start of Day 2.  The courtroom is a little less full than yesterday.  I’ve also experienced a quieter Twitter this morning.  I think Scholtz completely turned everyone off. One of my friends on Websleuths sent me a message saying the following:

“I really lost heart with it all yesterday.  Obviously we all want him locked up for as long as possible but know that won’t happen.  Apart from being a first offender and having done anger management courses and having done anger management courses and getting psychotherapy, both of which were ordered by the court, IMO there are no mitigating circumstances.  

It seems the anger management courses didn’t work, but I’m waiting for Nel to produce evidence that OP  lied to Scholtz about having heard the man being raped and then saw him hanging for 30 minutes the following morning, and the fact that he was not assaulted.  

If they are both lies, Masipa should read him the riot act and hand down a longer rather than shorter sentence.  I’m afraid I have no confidence that her sentence will be appropriate.  I’d love her to hand down another shockingly light sentence that the State will appeal to the SCA who I’m sure will deal with him harshly, but in her own way she’s as cunning as OP and will give him the lightest sentence she can without provoking the State to appeal.”

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What is the Twitter world saying?…

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Day 2 will begin at 9:30am on Tuesday, June 14

In the meantime, while we wait… Here’s a nod to the batshit crazy Pistorians…  Pucker up, Oz.

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Oscar Pistorius Sentencing Hearing: Day 1 [LIVE COVERAGE]

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Oscar’s sentencing hearing is in full swing, and with the help of Nick, who’s on-site in the courtroom, we’ll be bringing you the sights and sounds from Pretoria [LIVE], right here on this page.  The most current updates will be posted at the top.  All time stamps are South Africa time.

You can also follow our Twitter feeds at:

@shakedowntitle        @HiRezLife        @lisawj13

Check out Nick’s recap from today on Soundclound.  He sat next to Marc Batchelor during the proceedings who couldn’t say enough bad things about Oscar – he truly hates the guy [no surprise].  Nick also met Gina Myers for the first time who he said was very friendly and sweet.  He had a chance to briefly talk to Barry who, despite the terrible circumstances for which they’re in court, was his usual Barry self… a kind, warm man.

Carl’s Corner…

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Oscar day 1 sentencingThe defense has stated they’ll have two witnesses for this hearing.  One is Professor Jonathan Scholtz who testified today (Monday).  The second witness has not yet been named.  We don’t know how many witnesses the state will have, although we do know that Barry Steenkamp is expected to be one of them.

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Here are some key points brought up by Scholtz, as reported by The Guardian:

  • Scholtz said in his view Pistorius was “broken” and should be in hospital rather than prison.  He says “Mr. Pistorius would be better served if he gave back in a positive and constructive way, using his skills”
  • The doctor said Pistorius’ depression, anxiety, paranoia and social phobia had worsened since his trial. He has post-traumatic stress disorder but is not a psychopath.
  • Scholtz said Pistorius cannot bear the sound of gunfire, even on television,and has sold all his firearms.
  • The former athlete has participated in courses on anger management and restorative justice, and the doctor believed his risk of violent reoffending was low.
  • Barry Roux, for the defence, said an episode in which Pistorius banged a table came after he had been denied access to a painkilling drug, Voltaren, for three weeks.

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12:10pm – Blow after blow, Nel calls out Oscar’s [and Scholtz’s] bullshit.  First, Oscar told Scholtz some sob story about how he saw a dead body [an inmate who had hanged himself] in prison and it traumatized him.  It turns out, he never saw what he said he did.  Oscar lied to Scholtz.  Then we find out that when Oscar’s cell was raided in July 2015 [as part of the Krejcir debacle] the medication, Cipralex, was found.  It’s not an illegal medication – it’s used to treat depression, OCD and GAD – the point was, it was against the rules for Oscar to have it, but Oscar being entitled, had it anyway.  IMG_9271

As Nel requested a break, and the camera panned to Oscar, he look positively drugged.  I’m not sure I’ve ever seen Oscar so despondent.  Instead of the drooling, sobbing guy from 2014, this was a zombie version of Oscar. But as Nel so aptly put it, Oscar wasn’t so despondent that he couldn’t participate in a TV interview.  

Nel busted out a few brand new stories about Oscar for the court.  The first one was a prickly little exchange with Captain van Aardt at a previous hearing.

From News24:

“He [Oscar] confronted an investigator, Colonel [Mike] van Aardt directly, saying ‘please give us space and privacy, you didn’t do your job in any case’. That’s not a person who’s given up on life. That’s a person in charge,” prosecutor Gerrie Nel told psychologist Prof Jonathan Scholtz.

Then there was this:

He confronted one correctional services official, a sister Mashobane, in January, Nel said.  “He got so upset with sister Mashobane that he approached her in her office. He was shaking and he banged the table.”

11:52am – The debate about Oscar’s intentions is now officially over.  Sorry, you balloon-loving Pistorians!  Scholtz says Oscar does [now] admit that he intentionally shot “the person” behind the door.  Although, I get the sense he didn’t actually mean to admit that, but Nel certainly wasn’t gonna let him off the hook.

11:45am – Nel’s giving Scholtz a run for his money.  He stood up for June and read from her book her passage about forgiveness.  He pointed out to Scholtz that June forgave Oscar because her religion required her to do so.  It as for heading for herself  – it had nothing to do with excusing Oscar. 

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11:00am – One of Oscar’s mitigating factors, according to Scholtz, is that he wants to go to work for his uncle’s company.  Not quite sure how that’s relevant, but ok.  Oscar complained about the conditions in prison.  He got an infection in his stumps from the shower floor.  In perhaps the most insulting moment so far, Scholtz told the court that “the deceased’s” [not Reeva, the deceased] family has forgiven him and took money from him that they didn’t have to pay back.  Bastards!  Finally, before break, Scholtz ends off by saying there are two Oscars.  The one with his legs, and the one without.  There’s actually now a third Oscar too… the one who’s given up… cue violin.    Tea break. 

10:45am – Some of the highlights so far:  Scholtz says Oscar’s condition is “severe.”  His depression is worse than it was in 2014.  His sister Aimee leaving town (for London) has been difficult because the two shared a close relationship – closer than the one he has with Carl.  The grand majority of this report is the same as the one delivered to the court in 2014.  Much emphasis has been put on his deceased mother and absent father.  He claims to now want nothing to do with guns. He spends a lot of time praying, and at church, and has taken solace that Reeva is now with God.  Wow, that’s generous.  

10:06am – Dr. Scholtz from Weskoppies is first witness for defense.  I’m curious to see who he interviewed this time around.  Last time, it was basically just Oscar’s besties.

10:00am – Court starts on time.  Masipa is very slow getting to the stand.  There are no assessors for sentencing.

9:47am – What the hell is up with this picture??  Arnold looks like he’s on his way to hunt rhinos…

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9:40am – Nick is now in the courtroom.  He said Gerrie is all smiles.  He just spotted Oscar who looks very sleepy.  Oscar is hugging everyone – including cops.  From Nick:

“Oscar looking very awkard.  Surprisingly awkward.”

9:30am – Latest arrivals:  Henke (Oscar’s dad), Brig. Gerard Labuschagne (ex-head of SAPS Investigative Psychology unit), and Barry Roux.

9:27am – Aimee just walked in.  She recently relocated to London.

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9:25am – Mangena’s there today!  So great to see him.  I’d love to hear some testimony from him again.  Without a doubt, one of the strongest witnesses of the entire trial.

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9:20am – Gina Myers is there and was reportedly giving the Steenkamps a hug.  Interesting because when we met with the Steenkamps last year, they mentioned they did not have a relationship with the Myers family due to some mistrust.  Maybe they’re just putting their differences aside for this hearing.  Gina tweeted the following this morning:

“When I look into Barry Steenkamp’s eyes, I see Reeva’s.  They’re beautiful and deep.  He’s like a big teddy bear.  Her parents are so strong.”

9:15am – It’s a full house with the Pistorius clan – Arnold, and at least one of his brothers, three of Oscar’s aunts, Carl and some other relatives are there.  No Aimee.  

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9:00am – Barry and June have arrived.  Kim Martin is there as well.

8:37am – The Hulk is in the house… Carl just arrived.  He looks pretty somber.

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8:20am – Court should be starting in about an hour and a half.  Here are some scenes from outside the court, courtesy of Gia Nicolaides and Power987

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8:03am – The weather is really lousy today in SA.  As I Skyped with Nick earlier this morning (his time) I could see huge cracks of lighting outside his window.  He’s currently stuck in traffic but not that far from the courthouse.

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7:45am – Nel is at the courthouse.  No sign of Oscar and family yet.

7:25am – Ulrich Roux on the radio says Oscar needs to testify to show remorse.  He also anticipates there will be testimony from personnel at the prison commenting on Oscar’s behavior.   Roux seemed a bit confused while speaking about Kim Martin – he referred to her as Oscar’s aunt.

6:30am – The hearing is expected to last for approximately four days.  The proceedings will begin with mitigation.  Who thinks that Oscar might be the first to take the stand?  If he does, will it be the same old boohoohoo?  I personally think we will see some of that again, but it may be tempered by some feigned remorse.  Not that he’ll ever admit to doing anything wrong, I just think that he may try to go the route of acting a little more humble as opposed to his argumentative responses from the original trial.

When it’s the State’s turn, Barry Steenkamp will be speaking for the family.  It will no doubt be a gut-wrenching moment for all.  barry

Andrea Johnson, Nel’s right hand prosecutor who’s taken on a primary role in the case, has been vocal about her disapproval of Oscar doing an interview for TV [to be aired on June 24.]  She’s said they’ll be considering the material as something that may be used in court.  She’s also publicly said if Oscar’s sentence is less than 8 years, the state will appeal Masipa’s decision… again.

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For those who may not be aware, the minimum sentence required for a conviction of Dolus Eventualis is 15 years.  Judge Masipa will then apply credit for time served, as well as credit for mitigating factors, IF warranted.  Has Masipa’s sympathy for Oscar waned over the past year?  We’ll find out soon enough.  

While we wait for the first arrivals at court, here’s what people are saying on Twitter… 

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And…. we can always count on Carl to quote from the bible…

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A Judge vs. A Jury System

As a South African researching American court cases [Steven Avery, Jodi Arias, O.J. Simpson], I’ve been alarmed, surprised, impressed and entertained by the criminal law system in America.  Having covered the Oscar Pistorius case firsthand, and seeing what it feels like to have judges [five in the case of the Supreme Court of Appeal] face off with a gallery packed with media, family and interested observers [including Lisa and myself], one gets a more subtle sense of emotions at play beyond the court case.  But the Oscar trial is a case in point: the judge inexplicably got the verdict and the sentencing completely wrong.

Recently in South Africa, a white judge [Mabel Jansen] has come under fire for making allegedly racist comments on Facebook, saying that in her experience as a judge, there’s a rape culture amongst black South Africans.  This has unleashed a furor in South Africa where mostly black men have demanded her head on a plate [not literally of course].  While Jansen is on special leave, there’s been some sober reflection on her “racist” comments.  South Africa happens to be the rape capital of the world, and children, even infants, are regularly raped [and killed in the process] by their fathers, relatives or family friends].  Typically these are black individuals.

In South Africa there’s also a tribal belief that AIDS [a sexual scourge in South Africa, which has amongst the world’s highest infection rates, in the millions] can be healed by having sex with a baby.  I’m not sure how one can’t impute that this amounts to a “rape culture”, however niche.  In any event, Jansen, it turns out has adopted black children, which suggests to me, whether her comments were too general or completely unacceptable, her heart appears to be [to me] in the right place.  But is that enough?

Coming back to the original question, can we be so bold as to trust the fates of black criminals to white judges and vice versa?  In Masipa’s case, was her attempt to be fair to Oscar not influenced by a racial dynamic.  Besides being slightly disabled herself, Masipa may have felt careful not to be too excessive in meting out justice.  Giving Oscar a severe sentence  [Masipa may have reasoned] might have been greeted with accusations of racism.  Lisa and I have demonstrated in our JUICE narratives the alarming power of racism to sway entire juries, as we saw in the O.J. Simpson trial.

So how does one get around the problem of “compromised” judges, and “compromised” juries.  How do we get a judge or a jury we can trust, and what exactly is a judge or a jury of our peers, whether in the States, Britain, Australia and New Zealand [all based on the jury system], or South Africa?