Oscar Pistorius and Humpty Dumpty have something in common

Wednesday, July 16, 2014

Good morning:

Oscar Pistorius made a very serious mistake by going out to a bar, regardless if he consumed any alcohol, because he would have been fair game for any drunk with a chip on his shoulder.

But the following behavior goes far beyond the carefully constructed image of a physically disabled, anxious and emotionally vulnerable victim that his legal team so carefully constructed.

The Telegraph is reporting today,

Oscar Pistorius, the paralympian on trial for murdering girlfriend Reeva Steenkamp, drank tequila shots, socialised with a known violent offender and had scantily-clad women sitting on his knee before the fight that led to him leaving a nightclub on Saturday night, it has been claimed.

/snip/

Another unnamed partygoer quoted by the Johannesburg Star newspaper said he witnessed the scuffle between Mr Mortimer and another “flat-out drunk” man he later identified as Pistorius as he passed him with a group of friends and allegedly flashed his middle finger.

Instead, his conduct is consistent with this alleged behavior:

He also faces two charges that he recklessly discharged a firearm in public – one charge relates to him shooting a friend’s gun by accident in a crowded Johannesburg restaurant and another relates to him allegedly firing his gun through a car sunroof during a day out.

That is why I’m shaking my head and asking, WTF was he thinking?

Before this face-plant, I did not believe he had a realistic chance at an acquittal.

Now, I am sure he doesn’t.

Humpty Dumpty sat on a wall,
Humpty Dumpty had a great fall.
All the king’s horses and all the king’s men
Couldn’t put Humpty together again.

This is our 1140th post.

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Thanks,

Fred

21 Responses to Oscar Pistorius and Humpty Dumpty have something in common

  1. ay2z says:

    Humpty Dumpty sat on a wall,
    Humpty Dumpty had a great fall,
    All the court records and all Derman’s spin,
    Couldn’t put Humpty together agin.

  2. ay2z says:

    Recall Fred’s comment about how interesting it could be to learn how the workings of video was revealed?

    In South Africa, lawyers must not let something they know is false, to remain on the record. Barry Roux and his collegues would have seen the video designed to support their client’s innocence, and likely not for the first time along with the rest of the world.

    If this video were created to help Pistorius in illustrating his story, the defense team would have seen the product and known, when they called Derman to the stand and known they were claiming a far greater disability on behalf their client than what they knew to be true.

    The defense team must have known what their expert would say, and they seem to have let it ride on the court record since his testimony.

    It would be most interesting to learn who, how, why and when and where, of the video release. And what the defense legal team will do now, if anything, to set the court record straight.

    There is some reason that Nel did not raise the video before the defense rested. Did he wish to give his collegues a chance to set the record straight before taking action that could result in very serious legal consequences for the defense lawyers themselves?

    • It would be most interesting to learn who, how, why and when and where, of the video release. And what the defense legal team will do now, if anything, to set the court record straight.

      No ethical dilemma in the US because the video would be protected by the work product privilege and disclosure would not be required.

      I am assuming they were not involved in selling the video such that the privilege was not waived.

  3. ay2z says:

    Is Judge Christopher Greenland a man after Fred’s own heart re: social justice interests and the dealth penalty?

    Judge Greenland’s July 15th post, with a link to his MyNews24 article on News24.

    https://twitter.com/Chrisng53

    “Prime Evil Eugene De Kock – & why we cannot have the death penalty” via News24

    (snippet “This is a very, very dangerous argument indeed, because it is the antithesis of what is at the very heart of a constitutional democracy. In a constitutional democracy every human being is guaranteed the same rights and protection under what is known as the Rule of Law.”)

    Judge Greenland grew up as an orphan in Rhodesia and as a non-white person, affected by the racism of the time, his options for a career were limited. He has been a high court judge in Zimbabwe and also in South Africa. He has been a commentator on the Pistorius trial and the law in South Africa as it applies in this case with Carte Blanch television.

    Link to his UK radio interview via Skype on his Twitter page, takes a couple minutes to get to him but it’s there.

  4. acemayo says:

    Why can’t we sent the army, marine, nation guard out to ours borders
    why is that so hard to do
    We send our men and women to die in others nations
    We send aid and money to other nation
    But not to our own problem

  5. bettykath says:

    http://www.latimes.com/local/lanow/la-me-ln-california-death-penalty-ruled-unconstitutional-20140716-story.html

    Federal judge rules California death penalty is unconstitutional

    U.S. District Judge Cormac J. Carney, ruled on a petition by death row inmate Ernest Dewayne Jones, who was sentenced to die nearly two decades ago.

    ————

    FOR THE RECORD
    California’s death penalty violates U.S. Constitution, federal judge says
    A federal judge has declared California’s death penalty unconstitutional.

    July 16, 1:16 p.m.: An earlier version of this post said U.S. District Judge Cormac J. Carney was a federal judge in Los Angeles. He is a federal judge in Orange County.

    ————

    Carney said the state’s death penalty has created long delays and uncertainty for inmates, most of whom will never be executed.

    He noted that more than 900 people have been sentenced to death in California since 1978 but only 13 have been executed.

    “For the rest, the dysfunctional administration of California’s death penalty system has resulted, and will continue to result, in an inordinate and unpredictable period of delay preceding their actual execution,” Carney wrote.

    Carney’s ruling can be appealed to the U.S. 9th Circuit Court of Appeals.

    Carney, an appointee of former President George W. Bush, said the delays have created a “system in which arbitrary factors, rather than legitimate ones like the nature of the crime or the date of the death sentence, determine whether an individual will actually be executed,” Carney said.

    In overturning Jones’ death sentence, Carney noted that the inmate faced “complete uncertainty as to when, or even whether” he will be executed.

    The “random few” who will be executed “will have languished for so long on Death Row that their execution will serve no retributive or deterrent purpose and will be arbitrary,” Carney said.

    “No rational person,” Carney wrote, “can question that the execution of an individual carries with it the solemn obligation of the government to ensure that the punishment is not arbitrarily imposed and that it furthers the interests of society.”

    Natasha Minsker, a director of the ACLU of Northern California, said Wednesday’s ruling marked the first time that a federal judge had found the state’s current system unconstitutional. She said it was also “the first time any judge has ruled systemic delay creates an arbitrary system that serves no legitimate purpose and is therefore unconstitutional.”

    A Los Angeles County Superior Court judge in 1995 sentenced Jones to death for the 1992 rape and killing of Julia Miller, his girlfriend’s mother. Jones killed Miller 10 months after being paroled for a previous rape.

    Read the ruling: Judge orders California’s death penalty unconstitutional
    Read the ruling: Judge orders California’s death penalty unconstitutional

    A spokesman for Atty. Gen. Kamala D. Harris said only that her office was reviewing the decision.

    • Bizarre rationale for striking down the death penalty, but hey!

      I ain’t complaining because I agree with the result.

      Yes, it’s the first time that a judge has relied on that basis. He has created a new rule which is something that district court judges rarely do.

      I doubt the Ninth Circuit will affirm, but it depends on who’s on the 3-judge panel.

      If the panel affirms, the circuit might grant en banc review and reverse it.

      Difficult to say. The 9th was superseded long ago by the 6th as the most liberal circuit.

      • Malisha says:

        I remember back in the 90s Germany refused to extradite a man because Virginia’s death sentence statute violated international law, and the court in Germany pointed out that the average stay on death row was something like 12 years and during those 12 years conditions imposed upon the prisoners were cruel, unusual and horrible, and that basically no civilized country would ever do that to people. I cannot remember the case. It was a young man who was accused of helping his girlfriend kill her parents, who, she and he said, had abused her. Can’t remember much more about it.

      • bettykath says:

        I don’t think he has ruled the death penalty itself as cruel and unusual but the long delays in the CA process. Hope the process doesn’t get changed to execute w/in 30 days of sentence, or last appeal. Clinton got changes in federal cases especially for Timothy McVeigh. He wanted no chance for McVeigh’s entire story to be told.

  6. HamRadioElijah says:

    Have no idea how my Beethoven video got there, seriously!

  7. Great post Professor. Been so busy after this i’m happily sending my monthly do nay. And you know you were there with me, cause ‘we will survive’ brother Fred. (Did u hear about Bob’s recent Las Vegas no/show trip…)

    RatDog @ The Greek Theater 7.2.2014

  8. MKX says:

    What irks me is the attitude amongst too many whites that black people are imagining that they system is rigged against them, thus always playing the race card.

    I do not tolerate liars. And being white with an accent that tends to get me stereotyped as one of the “good people” {racists}, I can play dumb and get the unvarnished truth about the system.

    And that story has personal meaning for me.

    I used to play with the sons of a Detroit Police officer back in the 1960s. Those two kids could not go a paragraph of dialog without letting either the C or N word fly.

    And, during the 1967 riot, the eldest happily bragged that daddy was out shooting coons. And it wasn’t the furry critters.

    Anyhow, they moved to Florida where their father got a job in a PD where they knew how to keep those people in their place.

    So the apple probably did not fall far from the tree.

  9. MKX says:

    I surprised Fogen did not get a medal for bravery from Florida law enforcement in light of this news:

    http://www.orlandosentinel.com/news/local/breakingnews/os-fruitland-park-kkk-police-20140712,0,3591822.story

    “Fruitland Park police Chief Terry Isaacs said his department has been shaken by troubling but unproven allegations that a deputy chief and a former police corporal were associated with the Ku Klux Klan.

    The allegations, contained in a confidential FBI report provided to Isaacs by the Florida Department of Law Enforcement, led to the sudden resignation of Deputy Chief David Borst and Isaacs’ decision Friday to dismiss Officer George Hunnewell.

    Isaacs would not confirm that the report linked the two officers to the KKK, instead describing the group as a “subversive organization.” He said he couldn’t be more exact in his description because he thought he was not authorized to release details of the report. Issacs said the document was given to him as chief to consider how the allegations might affect the officers’ credibility and the perception of the department in the community…”

    Cowards hide behind money, power, law enforcement and white sheets.

    • Malisha says:

      Only big NON-SECRET money judgments against police departments who operate in racist fashion, and opening up ALL OLD CASES processed by racist officers, will put a dent into the Southern Racist Police Establishment. After all the Civil Rights Act (“Section 1981”) was passed for the exact reason — to keep the “LAW” from continuing to enforce slavery after it was abolished by law. But now you have a DOJ that refuses to use it, even when it is perfectly obvious (as in State v. Fogen) that there have been crimes committed by public law enforcement personnel. Shame shame SHAME SHAME SHAME on the all.

  10. Malisha says:

    It has made me very uncomfortable, recently, to see how well arrogance works in our world. People like Fogen, Dunn and Pistorius say and do things that would naturally BURY them if anybody paid attention to the merits of ANYTHING that happens. Yet as we say, “What an idiot; that will bury him!” they skate, almost every single time.

    I have watched this phenomenon in court proceedings. Lawyers or litigants will do something so outrageous you find the spectators going, “OMG how stupid, how arrogant, the judge is gonna slap them down for that shit!” and then they get a decision that totally gives you whiplash. Just recently I saw a judge issue a decision that an address put into a court file BY A LAWYER for his client who was ALSO A LAWYER — just put it in there for no real reason and that address could not be relied upon by others as the correct address for that person, so their having served him at that address was just erased, unless THEY could go to court and PROVE the address the person and his lawyer had used WAS CORRECT. And this was done without any properly sworn affidavit or proof that the address was WRONG!

    Take it from me: conduct that would make any reasonable man conclude that logical conclusions flow from data IS NEVER ENOUGH. I don’t know WHAT works but actual logic and natural reality does NOT WORK.

    Our court system is so messed up that nothing means anything any more. I hope South Africa has it down better than we do, because my prediction would be that if this were happening in our country, Pistorius would skate and get a medal for bravely defending his toilet.

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