Pistorius was not mentally ill and could appreciate the wrongfulness of his act

Monday, June 30, 2014

Good morning:

CNN is reporting:

According to the findings by an independent panel of doctors, Pistorius did not suffer from a mental defect or mental illness at the “time of the commission of the offense that would have rendered him criminally not responsible of the offenses charged.”

The report added that “Mr. Pistorius was capable of appreciating the wrongfulness of his act.”

In other words, Pistorius does not have a mental illness defense and the trial can proceed.

Game within the Game:

Mental disorder defenses should be raised before trial. Since the defense did not do that, we can reasonably assume that they they thought that they had a much better chance of winning, if they went with the intruder defense. Unfortunately for the defense, however, Nel eviscerated that claim leaving them up the proverbial creek without a paddle.

Defense counsel’s last minute decision to raise the mental heath issue appeared to have been a desperate move to counter the damage that Nel inflicted. It had little chance to succeed. Instead, the defense appears disorganized and desperate.

Now we have to wait and see how the public perceives the decisions by the defense.

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Fred

30 Responses to Pistorius was not mentally ill and could appreciate the wrongfulness of his act

  1. bettykath says:

    Wouldn’t Pistorius’ defense have been able to use the possibility of mental disorder during an appeal if the prosecution hadn’t insisted and judge agreed? An aggressive defense attorney could hope for a less assertive prosecutor to hope it would slip by.

    • Good question, but I think an appellate court would rule that he waived the issue by not raising it before trial.

      Even if the appellate court ordered an evaluation and a new trial, he would be in the same situation that he is in today.

  2. crazy1946 says:

    MKX,

    “So not only is our country collectively stupid. It is also guilty of moral and intellectual cowardice.”

    IMO that is the most accurate description that I have yet to read of this nations population… Thank you for sharing that strong and honest appraisal of our current cultural condition…

  3. Malisha says:

    In one of the Washington Post articles that devoted attention to the pronouncements of Fogen’s attorney in the NBC suit, I read:

    In other words, a media force as large as NBC had an opportunity to calm the racial excesses of reportage on Zimmerman; it went in the other direction.

    So. Saying that Fogen killed Trayvon Martin because he was a racist murderer was a “racial excess”? And…even more bizarre — our media have a responsibility to “calm” such “racial excesses”?

    The stupidity has saturated our culture. We are doomed to mean spirited idiocy for the rest of our national lives.

    • MKX says:

      Stupid, it is.

      An objective, in depth, work of journalism would have revealed Zimmerman’s pattern, pre-shooting, of making false 9-11 calls about “suspects”, all of whom were Black.

      They also would have revealed that some of those accused as being “suspects” complained to the HOA and were given a cold shoulder.

      In reality, NBC turned chicken because they know all too large segment of their white viewing audience – both liberal and conservative – harbor “notions” about Black males and would be “offended”, if the notions were exposed for the filth they are.

      So the quickly ran behind the false “those Black people are always bringing up the race card” meme.

      So not only is our country collectively stupid. It is also guilty of moral and intellectual cowardice.

      Every man or women has the right to be presumed innocent when they walk anywhere in this country.

      • Malisha says:

        Remember, also, that the ENTIRE press, every single press source, every single broadcast source, every single print media source, ALL OF THEM insisted that it was a “high crime neighborhood” with “one other shooting” in the year before Trayvon was murdered, after vicious lying Miami Herald reporter (I have forgotten her name too) said that at the beck and call of the SPD. I got the FOIA and I proved it was NOT a “high crime neighborhood” with “one other shooting” and I wrote to them and they refused to correct their misimpression. NOBODY FIRED. NOBODY APOLOGIZED. ANd NOTHING CORRECTED.

        They are liars. They are racist cowardly liars supporting their murderer money-bases. They all deserve the fire. ALL.

        • Malisha says:

          Of course, there was “one other shooting” when Fogen shot at the UPS carrier.

          • I don’t think he shot at the UPs guy.
            I read he opened his front door with his gun in his hand.
            He was ready for trouble.
            Hard to believe anyone can believe he had his gun in his back pocket that dark Feb night.

        • MKX says:

          I use this link to analyze crime and, although I googled Stanford, didn’t this event occur in Lake Mary?

          http://www.city-data.com/crime/crime-Sanford-Florida.html

          Anyhow, all the crime in Sanford is under the national average and Lake Mary is well below.

          So racist cowardly liars they are.

          • MKX says:

            I meant above average for Sanford, but not what one would deem high crime, if being objective. Also, the neighborhood is Lake Mary, which arguably is low crime.

            So the press was playing the mealy mouthed Lake Mary is in the neighborhood of the city of Sanford game.

            That is exactly what Wafer is trying to do. There is a crime hot spot in Detroit on the east side of Rouge Park that is within a mile and a half of Wafer’s home. But the two areas are completely isolated from each other.

  4. Trained Observer says:

    Now dismissed in its entirety. Nelson helped orchestrate his not-guilty verdict but apparently wasn’t willing to help him get rich on it. Bet Fogen has trouble lining up an appellate legal team.

    • crazy1946 says:

      Trained Observer, If you go over to the dark side, it seems as if they are attempting to rally the troops and start a new fund for Zimmerman to appeal this lost cause… Don’t you just love it when fools keep throwing money down into a septic tank thinking all the while that it was a wishing well? At least the big blob floating to the surface is in the right spot…

      • Trained Observer says:

        Crazy — it’s a royal flush!

      • Malisha says:

        But I would have liked a verdict on the merits saying, “The paper is not guilty of slander because Fogen is a racist murderer.”

        I hope he has to pay court costs & atty fees at least!!

        • Zimmerman will be responsible to pay his own costs. He will not have to pay his attorney’s fees, if they had a contingency fee because those fees are contingent on winning and are paid out of the judgment.

          Even if his lawsuit had survived the motion to dismiss and he had prevailed at trial, he probably would have been awarded nominal damages ($1) because he did not suffer any damages caused by the defendants.

          Judge Lester found probable cause for the arrest and murder charge without considering the NBC reports and the jury acquitted Zimmerman.

          Therefore, he would have been charged, prosecuted and acquitted even if NBC had not published those reports.

          BTW, this should have been obvious to all of the lawyers who commented about the lawsuit on TV.

      • That would be a waste of money because there never was any basis for that lawsuit.

        • crazy1946 says:

          Professor, To we semi-normal people it would be a waste of money, but you must realize by now that these people simply get off on these kind of actions, to them it seems to be better than sex is to a normal person…

  5. kllypyn says:

    A little off topic.It appears murderman’s case against NBC has been thrown out.

  6. *Dancing ’round the laptop for the NBC dismissal.* Probably will stimulate a new ’round of donations from his supporters for an appeal, but fools rush in, don’t they?

  7. Malisha says:

    But it seems to me that the mental health stuff has been a case of apples and oranges. The defense put on an expert to talk about GAD in order to justify Pistorius’s apparent (oh please!) tendency to assume that any little noise is a life-threatening emergency and that his life is on the line unless he shoots a hail of bullets. That is not the same question as whether he was able to appreciate the wrongfulness of shooting his GIRLFRIEND (who was NOT a home intruder and therefore was NOT likely to kill him at any moment).

    Didn’t his defense team notice this discrepancy?

  8. Malisha says:

    Let’s face it: a person would have to be WAY WAY out of his mind to not understand that hearing a noise in the night-time is no excuse for emptying a gun through a closed door while somebody (after all, who CARES who) is on the other side of that door. To be that out-of-mind, the guy would have to show signs of real craziness. NOT just temper tantrums and gunlove stuff.

    The defense had a poor case to start with. If there WAS a mental illness defense, it would have been that he was so invested in total control of “his” woman that when she appeared to reject him, even for a minute, he drove him out of his mind and he flew into a murderous rage. Even that, but man, get real! An intruder scared him to death?

    These gun-happy cowards need to LEARN.

  9. crazy1946 says:

    Professor, Don’t know if you noticed it yet, but Zimmerman’s case against NBC was dismissed this morning by Judge Nelson… Next up will be the Case off the Zimmerman’s parents, and it too will be dismissed for similar reasons….

    • Malisha says:

      In a sense it’s a shame, but you can easily see why Nelson wouldn’t want that case to go forward. Too much opportunity for the development of FACTS. Nelson’s and Fogen’s interests in keeping the facts out of the public view are identical.

    • MKX says:

      The case of Zimmerman’s parents is a riot.

      The guy who is on record for statements such as the NBA is racist.

      In a way, I would want that trial to go forward in that discovery would give us some insight into how the Zimmerman boys could have been molded into what they are – two pathetic stinky turds.

      And since a racist believes “its NOT in the blood” and they are not racist, in their opinion, then it must be the environment.

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