07-02-2014, 10:28 PM
(07-02-2014, 05:59 PM)crash Wrote: I have a bad feeling about this case. I think his defense team has done a great job of delaying proceedings, muddying the water and building a 'poor Oscar' persona.
I have no idea who's got the edge at this point -- the defense or the prosecution.
The prosecution has some great circumstantial evidence and I think Nel has done everything he can with it, but there's nothing that the defense hasn't worked hard to raise doubts around. Whether those doubts are "reasonable" is subjective and to be interpreted by Judge Masipa; impossible to know which way she's leaning.
In order to not find Pistorius guilty of at least culpable homicide, I think the judge will have to consider that Pistorius has diminished capacity stemming from his physical handicaps. Otherwise, I don't see how she can get around applying the standard for self-defense (which is that the defendant acted in a way that was reasonable for any South African citizen -- Pistorius did not).
IMO, that's probably why Nel pushed for the pysch eval. He wants to make it as hard as possible for her to justify treating him differently than the average SA citizen since Pistorius entered a self-defense/not guilty plea instead of a diminished capacity one.
Should be going to deliberations soon -- anxious for the verdict.