#1

minutes in Tuesdays contest before being substituted

in Gäste fragen-Wir alle antworten 13.11.2019 04:45
von ruogu1234 • Inventar | 181 Beiträge | 920 Punkte

The Oscar Pistorius murder trial is underway. 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. Nike Air Max 97 Just Do It Black . 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A unanimous NL Cy Young Award-winner in 2007, Peavey struck out seven and walked two. The lone blemish on the Peavey scoresheet was a Juan Francisco home run -- his first as a Blue Jay -- in the seventh inning. The six-foot-two 245-pound designated hitter muscled a moonshot that landed in the right-field boxes just under the 500 level. Buehrle (4-1) was trying to become first Blue Jays starter to win his first five starts of the campaign. Instead he wobbled early as the Red Sox (11-13) recorded their 300th career victory against Toronto before an announced crowd of 29,411. The 35-year-old left-hander came into the game with a 4-0 record and MLB-leading 0.64 ERA. Buehrle had allowed two runs in 28 innings, striking out 19 and walking only five batters. The opposition was batting .210 against him. On Friday, he gave up seven runs on 12 hits in 5 1/3 innings, throwing 101 pitches that included 64 strikes. Buehrle walked three, had no strikeouts and saw his ERA increase to 2.16. "Hes been so good. Thats baseball, youre not going to be perfect every time out there," Gibbons said. "Hell bounce back. He was just off tonight, its that simple." Buehrle pointed to his walks and some bloop hits that found holes and eluded defenders. "Youve got to have the luck on your side. I wasnt hitting my spots as good as I was in the past. And when I did they got some base hits. But overall, too many strikes in the middle of the zone and they took advantage of it." Boston outhit Toronto 16-6 with all nine Red Sox starters registering hits on the night. The roof was closed on a wet, windy evening in Toronto. But down the street, Raptors fans braved the elements at Maple Leaf Square to watch Game 3 of Torontos NBA playoff series against the Nets in Brooklyn on the big screen outside the Air Canada CCentre.dddddddddddd. That ending was closer but no more satisfying to locals. A leadoff walk and four hits in the second inning put the Jays behind 4-0 as Boston sent seven men to the plate and Buehrle threw 30 pitches. An A.J. Pierzynski sacrifice fly, Will Middlebrooks single and Dustin Pedroias two-RBI single kept the Boston scoreboard ticking. The inning snapped Buehrles streak of 0-23 with runners in scoring position. An Ortiz home run to deep right field made it 5-0 in the third. It was Ortizs fifth homer of the season and the 436th of his career, moving him within two of tying Andre Dawson and Jason Giambi for 40th place on the MLB all-time list. The Ortiz blast was also his 33rd at the Rogers Centre. Only Alex Rodriguez (36) has hit more in a visitors uniform here. Torontos Jose Bautista doubled in the fourth and has now reached base safely in all 23 games this season. The feel-good story ended quickly when he was caught stealing third, with one out and Edwin Encarnacion on first. Dioner Navarro then popped up to end the threat. "Ive got no idea," Gibbons said when asked what Bautista was thinking. "Its not smart winning baseball. Im sure he wont do it again." Said Peavey: "That was a shot in the arm for us." Middlebrooks, returning to the Boston lineup from a strained right calf injury that had sidelined him since April 4, doubled home Pierzynski in the sixth to make it 6-0. Buehrle exited one hitter later after walking the No. 9 hitter, Jackie Bradley Jr. Neil Wagner followed Buehrle and soon had to deal with the bases loaded, with two out, after a Jose Reyes error and Ortiz walk. Wagner walked Mike Napoli to make it 7-0, after the Boston first baseman had fouled off a string of balls with the count full, before striking out Jonny Gomes. The Jays had men on first and third with two out in the sixth but Peavey struck out Bautista and Encarnacion to snuff out Torontos first threat of the night. Boston manager John Farrell called it a key moment. "Jake gets two big strikeouts to end their threat, to keep the momentum on our side." The hard-throwing Wagner, who complicated matters with two walks and one hit batsman in 1 1/3 innings, was followed by Todd Redmond. The Jays sent Wagner to Triple-A Buffalo after the game, calling up pitcher Chad Jenkins. Bradley, who had three extra base hits on the night, made it 8-1 with a two-out RBI double off Redmond in the ninth. Chris Capuano pitched the eighth for Boston, striking out the side. Andrew Miller worked the ninth, giving up a single while striking out two. ' ' '

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