Showing posts with label judge. Show all posts
Showing posts with label judge. Show all posts

March 7, 2014

Oscar Pistorius Trial - From the Courtroom Not the Youtube Comments Courtroom - Week 1

The Blade Runner's first week of trial has come to a weekend adjournment and will resume on Monday, March 10, 2014, at 9:30 a.m.

Oscar Pistorius is charged with the murder of his girlfriend, Reeva Steenkamp. On February 13, 2013, in the early morning hours of February 14, 2013, Oscar Pistorius shot Steenkamp four times through a closed bathroom door at his residence in South Africa.  He has pleaded not guilty to the charge of murder and states that he thought a burglar was in his home and that he and Reeva's safety was his concern and that he mistakenly caused the death of Steenkamp.

I have been following the trial on YouTube sabcdigitalnews channel.  South Africa Digital News

Day 1, Session 1

Day 1, Session 2

All witnesses are under a protection order that they cannot be shown on camera or are any still photos to be posted of them by the media.  You simply view the courtroom staff, judge, lawyers, audience, and Mr. Pistorius sits alone in the holding dock.  My observations of the accused are that he appears somber and wishes that this had never happened.  The trial days are long and monotonous and you see Oscar rubbing his eyes and forehead in exhaustion.  On day 4 when radiologist witness is on the stand and he is asked what did you see when you arrived at the accused house and is shown a photograph of the deceased victim, I clearly saw Oscar emotional and remorseful, but that was the single time this wee, otherwise his composure is calm.

I personally sat for seven years behind the bench in court exactly where you see the presiding judges' clerk, Suzette sitting.  That was my job for seven years.  I've heard many cases, handled huge amounts of disturbing exhibits and have first-hand experience observing prosecutors and defence tactics in court.  The trial is in the very early stages, but both sides are clearly doing their jobs.  Witnesses so far are very well spoken, in control of their answers and not easily riled by Mr. Roux, Oscar's lead defence lawyer ( mini Roux CV ).  He's obviously talented and working very diligently for his client.  For the prosecution, Mr. Gerrie Nel.  The judge is Her Lady Thokozile Masipa pistorius murder trial key people.

The witnesses testimony summarized so far is:
  • neighbours were awaken by screams (bloodcurdling, loud)
  • the screams sounded like a female
  • the screams were of a nature that something terrible was happening, life threatening terrible, a family tragedy was occurring
  • then there were a loud sound, like bang, bang, bang
  • four shots were heard (it's confirmed)
  • the radiologist heard cries for help three times, he called estate security and he attended the scene to help
  • he observed Reeva's body at the bottom of the stairs with Oscar kneeled beside her with one of his hands covering the wound in her groin and he had his fingers in her mouth trying to sweep or open her airway
  • the doctor stated that Oscar was crying and praying to God to let Reeva live, he was inconsolable, begging to devote his life to God if He would not let her die
  • the doctor saw no signs of life, he check her pupils, neck pulse and noted there was blood and brain matter mixed in her hair that it was too late
It's unfortunate that people make up their minds before hearing all the facts and evidence and have determined an accused persons guilt or innocence based on just their own opinion.  Did Oscar Pistorius killed Reeva Steenkamp?  Yes, he did.  That's not what's in question.  Did he kill her with premeditation, with plan, with intention.  Perhaps they did have an argument (that hasn't come out yet in testimony), even if they were arguing and in a fit of rage still doesn't prove premeditation.difference-between-murder-culpable-homicide

I'm not sure why South Africa hasn't had jury trials since 1969, and I'm not comfortable with one not having the option to choose judge and jury or judge alone.

Perhaps it is from my experience the weight I put on reserving my personal judgments until after I've heard all of the facts in the environment of the judicial system, but I also give credit to myself for the person that I just am - one who believes in fairness and justice for all persons.  

I will continue to follow this trial and we will see whether I agree with the Judges' decision in the end based on what I heard from the courtroom.

Tyla










October 9, 2012

The Value of a 2nd Opinion - Hope Reignited!

On Thursday, October 4th, 2012, the candle of hope inside of me was shining bright.  I arrived to my appointment with the second opinion neurosurgeon at 2:45pm.  His office on the second floor, I stepped off the elevator and paused for a moment deciding to visit the restroom, but it was occupied.  As I stood outside the elevator waiting for the lavatory, these two elder women were waiting to get on.  I observed the one holding the other's elbow to stabilize her on her feet.  Figuring she had also just visited the neurosurgeon--I overheard her say, "well, he said at least you're walking".  The woman with her said, "so does that mean you don't have to come back again?".  In reply, the limping lady said, "I guess, no surgery for me."

My heart sank.  Of course, I don't know this person's medical history or issues, but hearing these comments made me more anxious and worried that he would reject me to, and I would live out my remaining decades in pain.

I put on the charm upon approaching the receptionist.  The way to the road to success is to win over the receptionist/secretary immediately.  You know they are the backbone (no pun intended there) of every office, so make nice.

I completed the information sheet and provided the typed sheet of all the lease invasive alternatives I have tried over the past 18 months.  Too my surprise at a cost of $3500 to date.  I think that's a pretty good indication of proof that I have been trying to resolve my pain issues, or manage. 

I couldn't sit in the waiting room because it hurts and there were only these lush, big, puffy, sink into and can get out of brown and black leather arm chairs.  It was exceptionally hot in the office as well.  I think I was the last appointment of the day at 3:30pm.  I didn't have to wait long to meet Dr. M.  He appeared businesslike, no jacket, red hair and beard, glasses, late forties. 

I had a plan this time around to be more assertive, more prepared.  I guess when I met with the last surgeon who had done my first back surgery, I assumed she would just fix me again.  I provided him with my MRI DVD.  His exam room was spacious, clean and had a PC on a small desk.  He loaded up the images and said they were good, clear images and he could clearly see the recurrent disc herniation at L5, and a new one at L4.  He examined me thoroughly, testing reflexes, stretching, bending, walking and flexing my legs.  I have no reflex in my heel and he noted the obvious weakness in my left leg.  He asked me why I didn't go to Dr. S.  When I said I did, and she said it wasn't surgically correctable, that it was scar tissue fibrosis, Dr. M asked did she look at your MRI?, I replied with not that I witnessed.

When he said to me he'd do the surgery, a laminectomy/discectomy I burst into tears!  I felt validated.  The risks are at 1 and 2% for spinal fluid leak, cutting the nerve and infection.  I felt my first surgery was a success, and knowing I can wake up with no pain in my leg is worth it.

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For all these months of struggling with pain, gaining weight, being a lesser wife, mother and employee, being judged, being told a positive attitude makes all the difference, so being made to feel like all this pain is in your head, I say fuck you!


I have enough reality in my life making me feel ashamed, guilty, not worthy and ill.  I won't let anyone judge me any longer!


My next challenge now is to apply for longterm income protection benefits and CPP disability benefits.  If anyone has any advice, please comment to me.

We don't have to "live with it"!  Seek a second, a third opinion.



Tyla

The Keyhole to My Mind's Closet

The Keyhole to My Mind's Closet
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