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The Oscar Pistorius murder trial is underway. Clinton-Dix Jersey . On the first day of trial, Michelle Burger, a neighbour of Pistorius, took the stand and set the stage for the prosecutions case. She testified that she heard Reeva Steenkamp cry for help. "I was sitting in bed and I heard her screams," Burger testified. "She screamed terribly and she yelled for help. I heard the screams again. It was worse. It was more intense. Just after her screams, I heard four shots. Four gun-shots... You could hear it was blood curdling screams. You cant translate it into words. The anxiousness in her voice, and fear. It leaves you cold. She screamed terribly and she yelled for help." We know that Pistorius has admitted to killing Steenkamp. The issue being determined at trial is whether he killed her intentionally, or as Pistorius alleges, he killed her by accident. This is his version: "During the early hours of the morning I brought two fans in from the balcony. I had shortly before spoken to Reeva who was in bed beside me. Unbeknown to me, Reeva must have gone to the toilet in the bathroom at the time I brought in the fans, closed the sliding doors and drew the blinds and the curtains. I heard the bathroom window sliding open, I believed that an intruder or intruders had entered the bathroom through the bathroom window which was not fitted with burglar bars. I approached the bathroom armed with my firearm, so as to defend Reeva and I. At that time I believed Reeva was still in the bed. The discharging of my firearm was precipitated by a noise in the toilet which I, in my fearful state, knowing I was on my stumps, unable to run away or properly defend myself physically believed to be the intruder or intruders coming out of the toilet to attack Reeva and me." So lets address some of the more important parts of the trial. Understanding the Charges The key charge against Pistorius is premeditated murder. Premeditated murder requires an intent to murder plus planning the murder. Based upon what we know, expect the prosecution to have a tough time establishing premeditated murder. As support for the charge, the prosecution will argue that the act was planned (or premeditated) since he took the time to put on his prosthetic legs before walking to the bathroom and firing four deadly shots. However, that by itself wont likely be enough to establish the requisite planning element. Premeditation is reserved for more robust planning and generally doesnt capture an intent that materialized right before a crime was committed. For those that like precedents, in the case of State v. Raath, a South African Court ruled that a father forcing his son to remove a firearm from the safe to kill the sons mother was not sufficient to constitute premeditated murder. However, that doesnt mean Pistorius walks. Not even close. Even if the prosecution cant make out premeditated murder, it can still get Pistorius on the lesser charge of murder. In order establish murder, they only need to show that he intended to kill Steenkamp (no planning element needed). Should the prosecution fail on murder, there is another lesser charge that could come into play: culpable homicide. This charge means that Pistorius negligently killed Steenkamp (or that the killing was an accident). And this is what Pistorius is alleging - he killed Steenkamp by accident. He thought she was an intruder. Prison Time Premeditated murder would get Pistorius a compulsory life sentence, while murder would result in a compulsory sentence of 15 years. For culpable homicide, the sentencing is discretionary (varies from fines to prison time), although its not unusual to see prison time in South Africa of 5-10 years for this type of crime. No Jury System & Judge Masipa South Africa does not have a jury system. Juries at times render unexpected or unusual decisions. They can also be swayed by public sentiment and emotion, while also potentially distracted by celebrity and irrelevant facts. A judge, however, is more likely to focus on the facts and make a ruling based upon those facts. The judge is charged with ensuring a just result and on that basis, will carefully review and consider all the facts of a case. Judge Thokozile Masipa is presiding over the trial. Masipa has a reputation for being tough on cases that involve crimes against women. In May 2013, Masipa ordered serial rapist Shepherd Moyo to serve a jail sentence of 252 year sentence. She hoped the sentence would serve as a "deterrent." Given her intolerance for violence against women, Judge Masipa is perhaps not the ideal judge for Pistorius. South Africa, by the way, has the highest reported rate globally of females murdered by shooting in a country not engaged in war. Thats another reason this case matters. The Case The trial has only just begun. More witnesses will testify and further evidence will be presented. So its tough to know how this will end for Pistorius. Still, there are a number of improbabilities with Pistorius version of the events. How did he not know Steenkamp was not in bed when he walked right by her? Wouldnt Steenkamp have yelled in the bathroom after the first shot was discharged? As well, witnesses have reported seeing the lights on, contradicting Pistorius account that it was pitch dark in his room. As well, Steenkamps wounds suggest she was not sitting on toilet on left hand side of bathroom but rather on right side of bathroom. This suggests she was hiding from Pistorius. Also key is whether Pistorius and Steenkamp argued that night. The prosecution has already produced witnesses who testified that they heard shouting and screaming. This helps the prosecutions argument that this was a quarrel that tragically escalated to murder. As well, the couples mobile phone records could provide helpful insight as to what happened that night. Steenkamp is said to have had her phone with her in the bathroom when she was shot. Was she contacting the authorities or friends for help as an enraged Pistorius charged toward her? It is unusual for someone to take their phone to the bathroom in the middle of the night (unless they feel threatened) and the prosecution will undoubtedly raise that. There is more. Pistorius told authorities he could not remember the password to his own cell phone. As a result, authorities took the phone to Apple headquarters to have it unlocked. This raises the possibility that Pistorius may have been hiding incriminating messages. Forensic evidence will also be presented, which can be quite effective in piecing together what really happened that night. For example, each drop of blood in the bathroom can help determine if Steenkamp was sitting, standing or moving at the time she was shot. Pistorius rage issues will also come into play. As for the defence, they will argue that the shooting was a tragic mistake - but a mistake nonetheless. They will also focus on contradictions and inconsistencies in statements made by witnesses to police and their answers in court. In fact they have started challenging witnesses, attacking not only their recollection of events, but also the plausibility of their claims that they could hear the couple argue from their homes. Pistorius claims lack believability and veracity. Ultimately, it would not be a surprise to see Pistorius convicted of murder and sentenced to 15 years in jail, particularly with a Judge like Masipa presiding over the trial. That being said, there is still a lot of track to cover and much evidence to consider. Still, Pistorius is facing an uphill battle. Packers Nick Perry Authentic Jersey . That obstacle in the divisional round of the postseason was of course, eventual Super Bowl champion Green Bay. The field-stretching Packers had the opposite game plan than Atlanta, which primarily opted to run first before letting quarterback Matt Ryan do his thing in the pocket last season. http://www.packersstore.us.com/27-nike-elite-eddie-lacy-youth-jersey-nfl-green-bay-packers-home-green.html . -- All talk and no major changes didnt make this a dull NHL general managers meeting.NEWARK, N.J. -- With the playoffs on tap next week, Travis Zajac is rounding into form at the right time for the New Jersey Devils. Zajac broke a tie early in the second period with a power-play goal and the Devils nailed down at least the No. 6 seed in the Eastern Conference with a 3-1 victory over the New York Islanders on Tuesday night. "I am getting there," said Zajac, who has been limited to 13 games this season because of an Achilles tendon injury suffered during an off-ice workout in August. "I mean I feel better every game. I feel more confident with the puck and making plays every game. I am starting to hold on to it more and not throwing it away as I was a couple of games before. Its just nice to contribute and help out." Zajac has played well the past week. He had a game-deciding goal in a shootout win over Chicago last week and he is centring the top line with Zach Parise and Ilya Kovalchuk as his wings. Parise, who missed most of last season with a knee injury, said the game-winner had to be big for Zajac, who had a goal in eight games after making his season debut in mid December before being shut down again because he came back too soon. "When you are out that long, you want to come back and make an impact right away," said Parise, who had two assists in the game including the primary pass on Zajacs goal. "Weve been trying to find him and maybe trying to find him too much. Tonight was good. It has to feel good for him to get that one before the post-season starts. Coupled with Carolinas 2-1 win over seventh-place Ottawa, New Jersey likely will be the No. 6 seed when the post-season starts next week. It has an outside shot at the No. 5 spot but it would have to win its final two games and have Philadelphia lose both of its games in regulation. "We want to take care of business, put as many points on the board as we can, and see where the cards come out for the playoffs," Devils coach Peter DeBoer said. Patrik Elias added a goal and an assist, and Kovalchuk scored into an empty net in the final minute to help the Devils win their third straight. Johan Hedberg had 19 saves. Matt Moulson scored for the Islanders, who have lost three straight. Islanders goaltender Al Montoya said the Devils played their game to perfection. All he wants for the teams last two games is complete games. "Weve done it through stretches of the year," Montoya said. "We know what type of team we can be when we are consistent and give that effort that everyone expects out of us and we expect out of ourselves. Thats what we hope for and thats what we will bring to our fans on Thursday night." The win didnt come without a price for the Devils, who lost second-year centre Jacob Josefson for four to six weeks with a broken left wrist in a second-pperiod collision with Jay Pandolfo. Packers Richard Rodgers White Jersey. Its Josfsons second major injury this season. He broke a clavicle early in the season. "Everybody in the room really feels for Jake," Hedberg said. "Hes been through so much these two years with injuries and every time he is getting his groove and things are going well for him, and it looks like he is really to take the next step, some unfortunate injury happens." Hedberg, who started for the second time in 12 games, made his best save late in the second period when he stopped a short-handed chance in close by Michael Grabner. Zajac broke a 1-all tie 22 seconds into the second period with a power-play goal from the hashmark between the circles. Parise, who also assisted on Kovalchuks goal, carried the puck in from the point and sent it to Elias along the side boards. Parise took a return pass along the goal line and found Zajac alone for a shot that whizzed past a defenceless Montoya. "Zach made a good pass and there didnt seem like there was too much around me," Zajac said after scoring his first goal since returning to the lineup for the second time this season from an Achilles tendon injury. "He put it right in the wheelhouse and I was able to get a good shot away." It was the second goal of the season for Zajac, who has played in 13 games this season because of the Achilles injury he suffered training in the off-season. The first two goals came in the opening 3:57 on rebounds. Elias gave New Jersey the lead at 1:18 with his 26th of the season. Montoya stopped a shot from the point by Mark Fayne, but Petr Sykora got the rebound and found Elias alone 10 feet in front of the goalie for a shot into an open net. Moulson tied it with his career-best 35th goal. John Tavares outfought Fayne for the puck behind the Devils net and sent it to defenceman Mark Streit at the left point. His shot was stopped in front but Moulson, who has scored at least 30 goals in each of his three seasons with the Islanders, backhanded the rebound under Hedbergs pads. Tavares earned the 200th assist of his three-season NHL career. NOTES: Islanders rookie LW Micheal Haley and Devils tough guy Cam Janssen went toe-to-toe for about a minute in a slugfest with 7:34 left in the first period. Haley was recalled from Bridgeport of the AHL on Saturday. ... New York D Steve Staios would have played in his 1,000th NHL game had he been in the lineup, but he was scratched. He will probably reach the milestone on Thursday at home against Winnipeg. ... Referee Gord Dwyer was a late addition after Stehane Auger was unable to work because he wasnt feeling well. Kevin Pollock was the other referee. ... Islanders D Matt Donovan, recalled from Bridgeport on Monday, made his NHL debut. ...New Jersey won the season series, 4-2. ' ' ' |
