02-21-2013, 11:38 AM
The 3rd day of the bail hearing was strange.
I think the Prosecution made the strongest points today overall, but it seems like maybe Judge Nair is considering downgrading the charges to culpable homicide.
At the same time, Nair seems to take the possibility of flight risk very seriously with Pistorius, despite the defense trying to laugh it off as absurd. Nair also expressed concern about witness intimidation and lack of accountability.
Imo, the defense isn't really arguing that Pistorius didn't shoot the gun in the restaurant incident (and then influence his friend to take the blame) as police allege; Rioux claimed today that he didn't ask Pistorius about it - doubtful. If Pistorius hadn't shot the gun, I think the defense would be arguing hard about it and tearing into police. I don't think Rioux wants to open that can of worms because in that incident there were witnesses who could come forward and change their stories; Pistorius shot that gun and asked witnesses to lie about it. JMO. The allegation itself is really hurting Pistorius.
Bail hearing resumes tomorrow, the prosecution didn't get to finish its argument today.
Lead Investigator, Hilton Botha, to be dropped from case?
Detective Botha's flip-flop testimony and sloppy evidence in court yesterday really hurt the prosecution, imo. Turns out, Botha's under investigation for 7 counts of attempted murder (along with two other officers) related to an on-the-job shooting at a mini-bus back in 2011. I think he'll be removed from the case. I hope so anyway. Whether Botha is a great officer or otherwise, IDK, but he can be used by the defense and be a liability to the prosecution either way. Considering his poor performance thus far, the fact that he arrested Pistorius in the other assault case, and his pending trial, the prosecution should avoid opening the door to a Mark Fuhrman type scenario, in my opinion.
Flight Risk?
Of most interest to me today was Pistorius's immediate concern for finding the memory stick with the offshore account information. Also, the home in Italy. If the offshore accounts are really nothing, as the defense claimed yesterday, why would Pisotrius and his family be so focused on them right after the killing?
Regarding the home in Italy, the prosecution scored on that today. Pistorius is quoted in a magazine article interview last year as saying that he does in fact have a house there. He spent 4 months a year training in Italy and was gifted the house by a mayor.
The prosecution continued to use the fact that Pistorius is famous and recognizable as reasons that he's not a flight risk. Weak argument, imo. Those things also make him more able to use his money and connections to creatively flee. Roman Polanski was very recognizable when he fled to Europe to avoid trial in the US for statutory rape charges like 40 years ago. His alleged victim is probably a senior citizen by now and he's never seen the inside of the US courtroom to face those rape charges.
Ref:
http://www.guardian.co.uk/world/blog/201...e-coverage
Update:
Botha has officially been removed.
http://www.citypress.co.za/news/lead-inv...e-removed/
I think the Prosecution made the strongest points today overall, but it seems like maybe Judge Nair is considering downgrading the charges to culpable homicide.
At the same time, Nair seems to take the possibility of flight risk very seriously with Pistorius, despite the defense trying to laugh it off as absurd. Nair also expressed concern about witness intimidation and lack of accountability.
Imo, the defense isn't really arguing that Pistorius didn't shoot the gun in the restaurant incident (and then influence his friend to take the blame) as police allege; Rioux claimed today that he didn't ask Pistorius about it - doubtful. If Pistorius hadn't shot the gun, I think the defense would be arguing hard about it and tearing into police. I don't think Rioux wants to open that can of worms because in that incident there were witnesses who could come forward and change their stories; Pistorius shot that gun and asked witnesses to lie about it. JMO. The allegation itself is really hurting Pistorius.
Bail hearing resumes tomorrow, the prosecution didn't get to finish its argument today.
Lead Investigator, Hilton Botha, to be dropped from case?
Detective Botha's flip-flop testimony and sloppy evidence in court yesterday really hurt the prosecution, imo. Turns out, Botha's under investigation for 7 counts of attempted murder (along with two other officers) related to an on-the-job shooting at a mini-bus back in 2011. I think he'll be removed from the case. I hope so anyway. Whether Botha is a great officer or otherwise, IDK, but he can be used by the defense and be a liability to the prosecution either way. Considering his poor performance thus far, the fact that he arrested Pistorius in the other assault case, and his pending trial, the prosecution should avoid opening the door to a Mark Fuhrman type scenario, in my opinion.
Flight Risk?
Of most interest to me today was Pistorius's immediate concern for finding the memory stick with the offshore account information. Also, the home in Italy. If the offshore accounts are really nothing, as the defense claimed yesterday, why would Pisotrius and his family be so focused on them right after the killing?
Regarding the home in Italy, the prosecution scored on that today. Pistorius is quoted in a magazine article interview last year as saying that he does in fact have a house there. He spent 4 months a year training in Italy and was gifted the house by a mayor.
The prosecution continued to use the fact that Pistorius is famous and recognizable as reasons that he's not a flight risk. Weak argument, imo. Those things also make him more able to use his money and connections to creatively flee. Roman Polanski was very recognizable when he fled to Europe to avoid trial in the US for statutory rape charges like 40 years ago. His alleged victim is probably a senior citizen by now and he's never seen the inside of the US courtroom to face those rape charges.
Ref:
http://www.guardian.co.uk/world/blog/201...e-coverage
Update:
Botha has officially been removed.
http://www.citypress.co.za/news/lead-inv...e-removed/