In most major American trials, the defense can’t just up and claim that the accused is crazy in the middle of the trial. Paperwork and motions have to be pushed upfront, and full psych evaluations are common BEFORE the trial. But South Africa’s judicial system seems to be different. Because today in court, Oscar Pistorius’s defense introduced testimony that Pistorius might have an “anxiety disorder” that somehow contributed to him murdering his girlfriend Reeva Steenkamp. Shockingly, the prosecution played along – they were basically like, “Oh, poor baby, let’s give him a full evaluation to see if this one doctor is telling the truth.”
Oscar Pistorius has an anxiety disorder that may have contributed to the fatal shooting of his girlfriend, an expert testified at his murder trial Monday, prompting the chief prosecutor to say the double-amputee Olympian should be placed under psychiatric observation.
The judge has not yet ruled on prosecutor Gerrie Nel’s application that the court considers a period of mental evaluation for the world-famous runner.
Dr. Merryll Vorster, a psychiatrist called by the defense, testified that a series of events in Pistorius’s turbulent life, including the amputation of his lower legs as a baby, his parents’ divorce, his late mother’s habit of sleeping with a gun under her pillow and his own fear of violent crime contributed to his “increasing stress.”
“Overall, Mr. Pistorius appears to be a mistrustful and guarded person,” Vorster testified. She said he has “many features of anxiety.”
Vorster said Pistorius’ anxiety combined with his physical disability may have caused him to act differently from other people when he shot four times through a toilet stall door in the early hours of Feb. 14, 2013, killing girlfriend Reeva Steenkamp.
Pistorius, 27, claims he mistook Steenkamp for a dangerous intruder when he shot her with his licensed 9 mm pistol in the pre-dawn hours. Prosecutors say he killed the 29-year-old model after an argument and shot in anger and not fear last Valentine’s Day.
Pistorius’ chief lawyer Barry Roux said at the start of defense-led testimony that the double amputee’s vulnerability and disability was at the center of his case of a mistaken killing. But prosecutor Nel questioned Monday if Pistorius was merely trying one of a number of defenses for shooting his girlfriend.
Okay, sure. Let’s say, for argument’s sake, that he has an anxiety disorder. How does that affect anything involving his case? He had anxiety, that’s why he was consistently a gun nut and a jealous, controlling freak of a boyfriend who shot Reeva in the head through a door as she screamed and cowered for her life. If you want to believe that the poor baby had “anxiety” and that contributed to his gun-nuttery, his jealousy and his thuggish ways, then you have to believe his story in its entirety, holes and all. Or you could just believe that his legal team is throwing everything they can against the proverbial wall to see what sticks.
Maybe Oscar’s 19-year-old girlfriend can help with his anxiety.
Photos courtesy of WENN.
Oh what the f-ck ever. If he had an anxiety disorder wouldn’t it have already been displayed during the trial since at times (with the fake crocodile tears) he seemed to be under extreme duress? Short of coming out and saying he was pissed and that’s why he killed her, I don’t believe anything that comes out of his or his attorney’s mouth or motions.
@blue marie- ‘If he had an anxiety disorder wouldn’t it have already been displayed during the trial …’
Well, it kind of was, wasn’t it, with all the vomiting he did in court? (Unless you think he took something?)
I think that he likely does suffer from anxiety- which feeds into his rage and contributes to his need to control. No different from many other abusers and no excuse.
@Kaiser- Is the defense really changing the plea, or just listing possible factors for mitigation?
I dunno, you can cause yourself to vomit with the fake tears and whatnot if you push yourself far enough. I honestly think he’s just a raging a-hole.
I wouldn’t put it past him to induce vomiting-dude’s whole future is on the line with this trial. I’m willing to bet that he would try anything if he thinks it would acquit him.
Also, just sheer nerves could cause him to vomit. Hell, the idea that you had everything and threw it all away to spend your life in prison might make me a bit nauseous too.
I agree, Blue. It looks more like he developed anxiety when he got caught.
Really??! Are you serious?? I think he has a Murdering Bastard Disorder.
Aw, poor baby. Let me shed a tear for you.
So now they conveniently find a doc to claim he’s got anxiety disorder? Defense thinking they might lose the case?
So in South Africa, anxiety disorder is another work for a murdering bastard?
That’s what Oscar wants us to believe, I’m sure!!
Hey, Jennifer Lawrence supposedly has social anxiety. If she has it, I don’t see why it’s so hard to believe he has it too.
Did I miss her murder trial?
She hasn’t killed anyone. Also, self defense might be firing one shot in a panic when woken, but FOUR?
I have an anxiety disorder… and have never killed anyone. I’m not sure what having anxiety has to do with murder… unless they are trying to use it as some sort of temporary insanity defense, which I don’t think they can do at this point? Even if they could, that would mean changing his entire story.
I think they are probably attempting to mitigate some of the damaging evidence of his controlling, explosive personality. I also think it should not change the eventual outcome of this case. Has he, at any point, claimed that he wasn’t aware of what he was doing (shooting at someone through the bathroom door)? Didn’t think so.
He’s never said that he ‘snapped’ and lost control. Simply having an anxiety disorder is not a defense for murdering someone.
I’m not seeing any hyper-aroused, people-pleasing verbal diarrhea from him, though. Just histrionics on how the girlfriend he shot to death was the love of his life, and all the evidence that he shot her in a fit of rage is therefore somehow mistaken.
I found some of the recent J-Law interviews kind of painful to watch, to be honest. I can believe she’s a lot less together than she’s portrayed by her PR and finds life in the public eye difficult. I think Pistorius, on the other hand, has a full-blown personality disorder.
He is beyond offensive.
Agreed. Disgusting.
cry me a river, it doesn’t excuse murder.
So this is basically not at all what happened. I’ve been watching the trial every day. The defence called a psychologist who testified that, while Pistorius does suffer from GAD, this in no way affects his ability to tell right from wrong or to not be held culpable for his actions. Gerrie Nel, for the prosecution, then jumped on this diagnosis of GAD, and has now applied for Pistorius to undergo a 30 day in-house psych evaluation. Gerrie Nel is crossing his T’ss and dotting his I’s here. He needs to cover his bases for the future, so at no time can this be brought as an actual defence in further appeal trials.
From a purely fact based stance, the State’s case has been weak. The defence case has also been weak – we’ll see how Judge Masipa feels!
That’s what I took from it, too – the prosecution wants this to cover future appeals.
Hi GiGi, I have been watching it too. I agree the prosecution case is very weak. The defence has always been weak but (I think) they only need to prove a reasonable doubt in the prosecution’s case, which I believe they have done. Unless something major happens later on I think he will be found not guilty on murder.
I also think that the prosecution is wanting him looked at (and I bet Nel is hoping to hell he is ok) so if the verdict is not guilty of murder, he can still be found guilty of culpable homicide. I bet this is the real focus of this evaluation, Roux does not want him to go there so he can argue this point in the culpable homicide part of the trial (if he is found not guilty of the murder) Nel wants him to go there so they can prove he is normal and will be found guilty of culpable homicide
Again, nice to see objective and factual comments regarding this case. I do not understand how Kaiser comes up with her over the top and blatantly incorrect facts. It’s bizarre. Anyways, I said from the beginning that able bodied people cannot put themselves in the mind of a person who lives without legs and how that effects your psyche. I still do not think this was premeditated murder after an argument but a horrible and tragic mistake. I do not think the prosecution has met their burdon.
I am in agreement. I wasn’t before the trial started, I was on the hang him side, but after the prosecution finished their case, I was like huh? That is it? What about everything we heard before the trial started? I think that is where people are getting their opinions from. They haven’t watched the trial and all they hear are bits and gossip which obviously wasn’t true which is why the prosecution did not bring it to court. They had (I think) over a hundred witnesses who the prosecution told weren’t needed which I think is really weird. Why did they not call the closest neighbours? Why did the defence have to call them instead? Who the hell are the other witnesses? Was their evidence weaker than what we have heard and why the frick did Nel not call OP’s housekeeper? WTF was that about? Surely he is THE most important witness ever for the prosecution, even if he told police he didn’t hear anything, he could have bought all kinds of evidence to the trial.
His defence sounds stupid, but sometimes the stupidest things are true. I do believe he should be found guilty for culpable homicide though and for the other charges because I believe he shot through the sunroof and was responsible for the gunshot in the restaurant
@ Madi – for sure he is guilty of culpable homicide. He has to serve time and be punished for his actions. For Reeva’s family as well. I can’t imagine losing my daughter due to such negligence.
What bothers me is people saying he was an abusive, manipulative monster based on 4 texts out of thousands. Give me a break. It’s insane that should define him as a person. I can’t imagine how insane I may look to the outside world based on a couple of my more colourful texts…
Gia – I get what you’re saying as far as able bodied people vs someone without legs but you’re not taking into account that Oscar has lived without legs basically his entire life. I have worked with people with the exact same disability as him both young and old and they don’t see their disability as a hindrance like that – in fact they all get around really well without their legs on and they certainly don’t develop aggressive paranoia because of it. If Oscar had been older when he lost his legs maybe but he has never known life any differently so I don’t buy that he felt vulnerable without his prostheses or that he somehow feels more vulnerable because of his disability. Dude was an international star living in a fancy gated community, he wasn’t suffering.
Oscar has a long and violent history with women besides those texts, he’s just been fortunate enough that all those incidents been ‘disappeared’ due to his celebrity.
Ange – I think we’ll have to agree to disagree because I don’t think being born with a disability or having one for a long time in any mitigates how it can affect you psychologically.
I didn’t say it completely mitigated it, just that it’s not something he wasn’t used to dealing with and I don’t buy that he couldn’t have gotten around perfectly well without his legs on.
This must be Violent Nut Jobs week or something. All I need now is a Charlie Sheen post to complete the trifecta of vileness.
*applause*
The order of the case is throwing me out, too. I’m used to the accused either not testifying at all or being last up for the defence – it’s similar stateside, right? But in SA, the accused goes first – didn’t the defence have to get special permission for OP to be their SECOND witness?
So I think what we’re seeing is what a UK/US defence would have opened with but it seems strange because OP has already testified.
OP’s biggest problem seems to me to be his own testimony. The man couldn’t shut up. I should imagine his counsel saw the case slipping away with every word he said.
Yes – in the US the accused is usually last (excepting special cases) or doesn’t testify at all. I’m trying to follow everything with my limited knowledge of SA law. I was pretty surprised Nel was pushing for the eval. given that it could throw the entire case out of court. Then for Roux to object so strongly. I’m very curious how the court will find tomorrow morning, given that the psychologist opposes it. I’m sure the sixlets are keeping you informed, lol!
So, is the insanity defense a thing there? I realize that it was determined that OP knew right from wrong (the legal threshold in the US). But if they are going for diminished capacity, in a sense, is there any chance that OP would be sentenced to a psychiatric facility? If he has untreated, unmitigated anxiety which causes him to have knee jerk reactions with weapons, even if the act wasn’t intentional, wouldn’t he still pose a danger/threat to society?
Kiddo – I think the defence is just trying to build a picture of *why* he might have reasonably assumed an intruder – the prevalence of home invasions in SA, the widespread gun use and ownership, his own mental frailty, his family history, etc. I don’t think they’re going for diminished capacity.
And, with this bit, it’s backfired on them – as the prosecution’s jumping on it shows.
And don’t forget: this will play differently in SA where home invasion and ultra-security measures are widespread. From here in the UK, where we don’t have much in the way of gun crime, especially outside the cities, the US often seems to have very different standards about when a violent response is reasonable. But in SA, it’s at a whole ‘nother level again. What seems reasonable there probably doesn’t elsewhere.
None of this is to stick up for Oscar, who I think is guilty.
@Sixer, So what is the climate with the general population, do they feel he should go free? Can you tell if the judge appears sympathetic towards him?
The US is a mixed bag since gun laws and prevailing attitudes about guns vary greatly between the states.
I don’t know, Kiddo: I’m in the UK. But I’m aware of the situation in SA vis a vis violent crime and citizen response. I think it’s a case of judging what’s said with the SA environment in mind, you know?
I’ve read some of the SA law blogs during the case and they are very informative. Many think that OP basically admitted to the culpable homicide charge in his own testimony (but not the full murder charge).
I think, as said above, this is what’s playing out now. Which guilty verdict will it be? And the crime environment plus OP’s general mental state may play into that, is what the defence is thinking.
I agree, Sixer – I’ve been reading the SA law blogs about the case, too. It’s terribly fascinating stuff. To the casual observer (and by this I mean the Twitterverse) he is guilty, guilty, guilty of premeditated murder. But the subtleties and nuances around this case are plentiful. I really believe he’ll be convicted of culpable homicide (which would be most nearly manslaughter or negligent homicide in the US, I believe). The state has been completely unable to prove beyond reasonable doubt his premeditation. I think Gerrie Nel is an amazing prosecutor, but he’s muddied the waters too much – going down rabbit holes and conjecturing about a fight, her last meal, etc. If this were a juried case, sure – plant those seeds of doubt. But as it’s up to the judge, aided by her assessors, I’m not sure the State has been successful in their purpose.
That’s exactly what I think, GiGi. I think that he’ll be found guilty of the lesser charge and people will be upset by that – me included. But equally, I don’t think the state has proved a murder verdict to the standard required. But the sentence range for culpable homicide is very wide, so the crucial thing is likely to be what sentence the judge passes.
Gigi – I don’t think that the prosecutor has muddied the water, quite the contrary. In his bail application last year, Oscar filed an affidavit with his version of events: he and Reeva went to bed at about 10 and slept until 3 a.m. when he woke up, heard a noise in the bathroom, thought someone had broken into his home, grabbed his gun and shot through the toilet stall door at the “intruder”. At the time, legal expert Alan Dershowitz said that filing the affidavit was a very risky move for the defense, because if the forensic evidence contradicted Oscar’s story, he was cooked. So what do we have? Neighbours who heard a couple arguing loudly; other neighbours who heard a woman’s terrified screams followed by gunshots; an autopsy which showed that Reeva had eaten a meal at about 1 a.m.; the fact that Reeva was fully dressed and had her cellphones with her in the toilet stall, and more – none of which is consistent with Oscar’s story.
Actually, I am charged with keeping the Sixlets informed as they keep having to go to school and do homework. How pesky of the education system!
As a random aside, Sixlets (the candy) are delicious! 😀
Damn school! They could be learning loads by watching this trial, lol!
This trial is just a formality for him walking free. I’m not saying this will happen for sure but I just think he’s going to get off. There’s going to be doubt in the minds of some of the jurors. So another OJ gets off.
There’s only a judge, no jury, from what I’ve heard.
He just has to convince the judge, no jury. OJ was a completely different thing circumstantially.
Hm. I have anxiety issues, and they are well documented. Guess that means I have a license to kill, right? No?
If he has GAD then I am sorry. I know how difficult that is. But it doesn’t excuse one for murder.
I have anxiety as well, and have suffered the nightmare of panic attacks. But NEVER for a moment would it make me harm someone, let alone shoot bullets through a closed door. Anxiety is debilitating, and if anything it holds me back from so many things.
He’s simply full of s**t and only concerned with saving his own pathetic ass. No sympathy here except for where it belongs and that’s with Reeva.
he’s anxious because he’s about to go to prison for being a murdering monster. i’ve heard that will make you waaay anxious.
I have PTSD and I haven’t shot anyone. Really. That’s the best he can come up with?
His ass is anxious he about to be in jail. That’s it. Have several seats, Oscar.
I came here to say basically the same thing. I have an anxiety disorder most of my life, and I’ve somehow made it 28 years without killing anyone.
Said something similar downthread.
+1
Exactly. Did his anxiety disorder contribute to all of those reports of him acting out in anger and shooting guns at roadsigns and whatnot too? Please.
This guy is pathetic. Every time his team comes out with another bs excuse, it just tells me how guilty her is.
I think her shot her in cold blood. I think that has been clear from the beginning. This murder has several domestic abuse signs.
That should “how guilty he is”.
I wondered how long it would take before he used his disability as an excuse – even though that is what has given him his fame (and the huge chip on his shoulder)
I suffer from anxiety: I panic, cry, dry heave (or throw up) and my heart skips a beat — so, basically, all the signs a person who suffers from anxiety show. It’s so serious that I, sometimes, HAVE to take prescription medication for it.Never felt like shooting anybody because of that.
I hate this man and those who downplay his actions (both the killing of his girlfriend and how he behaved afterwards).
Exactly! What I still can’t figure out is if they were in bed together, isn’t the first logical thing anyone does is ask the person laying next to them….hey did u hear something ?
I think many of us have asked this same question, over and over. I think *most* would agree if you wake to noise, you would first check to see if your partner is still in bed with you (a logical assumption would be that they have gotten up, and the noise was caused by them). If you aren’t thinking logically for some reason, and you wake to a noise that you immediately fear is an intruder, most would probably agree that the first thing you would do is check on your partner to make sure they are okay, alert them to the situation, AND tell them to call for help.
I just can’t imagine a scenario where his story is believable. 🙁
I’m a South African and I told myself I wouldn’t watch this trial – we have a special channel here for it. But I got sucked in. Let me start by saying that I’m not a fan of Oscar and I believe he should be found guilty. The best thing about the case being televised is that we get to see the inner workings of the SA judicial system and often the State is perceived as been shockingly unprepared and unprofessional. However, in this case, Gerrie Nel and his team have been amazing. Gerrie Nel is a new national hero here. Each night on the channel, they have experts – legal, social media, ballistics, etc and they give their opinion and also explain the day’s events.
Yesterday, I think was the point at which the State said ‘enough is enough’. In SA law, the accused goes first when it’s their chance to present their case because they don’t want what is called ‘tailoring of evidence’ where Oscar will recount the events of that sad night in accordance to what the experts will say. He needed to say it in his own words. During that, he ‘changed’ his defence to what he said in the bail application and then yesterday, the psychiatrist added the issue of GAD. So, today, Gerrie Nel during his application for Oscar to spend 30 days in a state psychiatric hospital (insert evil grin) made that point. He said that the State has a right to know exactly what Oscar’s defence is and he also pointed out that all the reports by the experts have been compiled very late, even after Oscar’s testimony.
The State’s case may not have been strong but Oscar’s team have also lead a very weak case and Gerrie Nel has ripped into them. And let me add, it has made for riveting TV. I have no idea how it will end, I do know how I want it to end but I’m not a legal expert or a judge. I just keep thinking about that beautiful girl Reeva who lost her life and that makes me so sad.
Thanks for your local insight.
My pleasure ! There is so much information out there about this trial and sometimes a little summary helps 😉
Great to see what someone who is in SA is thinking about it. Gerrie Nel is awesome.
Really good to have a SA perspective! Thank you.
Yours is the best post I’ve read. Thank you.
Thank you PoliteTeaSipper ! You made me blush 😉
It’s televised? On it’s own channel? My gosh… Do they do that for everybody on trial for murder or just Oscar? South Africa sounds like hell on earth.
Hi Jarredsgirl, we have a satellite tv provider here in SA and they made application to the court for the trial to be televised. This was partly due to Oscar’s celebrity and the huge interest in this case. Witnesses had the choice whether to be televised or not. If they chose not to, then we only hear the audio of their testimony. In fact, Oscar chose not to be televised.
SA isn’t that bad. Yes, there is crime and we have to be vigilant but it’s a beautiful country filled with warm and funny people. You should visit us, we love entertaining visitors 🙂
Pistorius does not have anxiety disorder. He has a serious case of blame other people disorder.
I am an amputee, myself… and have an anxiety disorder and OCD. Yet, somehow… I have not felt the need to shoot a loved one through a closed door in the middle of the night.
I used to really look up to Oscar. I thought what he did and what he had overcome was amazing. Now, I’m just really disappointed and disgusted. Having disability or a mental illness does NOT excuse what he did. Having anxiety doesn’t turn you in a raging murderer. He needs to go to jail for a very long time.
Sadly Oscar has been a raging a$$hole for a long, long time. It was hidden quite cleverly because of his international cache but it was well known in the sporting community. I honestly thought he would just continue his garden level douchebaggery until he retired and overall he would have done a good thing for ParaSport, it’s awful it ended up like this.
Oh PLEASE. Anxiety disorders run in my family. No one I’ve ever known with an anxiety disorder (and there are plenty) has ever been violent against others.
This guy’s just a violent, horrible person who thought he could get away with it because he had gotten away with so much before.
Anxiety disorder? I think OP suffers from abusive-controlling-jealous-possessive-enraged-boyfriend disorder.
I also think that the state’s burden of proof is different from the usual burden because of the detailed affidavit OP’s lawyers filed In support of his bail application, in which OP gives his version of what happened that night. The prosecutor doesn’t have to prove that OP committed premeditated murder as much as he has to prove that OP’s version is a lie. If the forensic and other evidence contradicts OP’s “I shot at a presumed burglar” story – and it does – then the only reasonable alternative is that OP knew exactly whom he was shooting at.
This headline made me LOL.
Actually, the prosecution asked for the testing-a novel strategic ploy because if you’ve followed the trial, they are stumbling despite the prosecution boasting the legendary Gerrie Nel as lead.
http://www.cnn.com/2014/05/13/world/africa/oscar-pistorius-trial/index.html?iref=allsea
One VERY important difference: trails in South Africa are by judge-no juries. Nel has been coming off as a bully, which so far seems to have played perfectly into Pistorius’ constant histrionics on the stand and in the dock. Viewing the trial and reading the transcripts, IMO Pistorios seems to have the sympathy of the judge. I would have to say that from my immersion in just the days of his testimony, the seed of reasonable doubt has been planted. Yes, he shot at someone, but he thought it was an intruder, as the defense has argued.
On the other hand, he DOES come off as trigger happy and unstable. Whether that will get him jail for a lesser charge, I don’t know. Here the prosecution would charge Murder 1 and all lesser charges-a net that would catch the perp somewhere. I don’t know what the tactic is in South Africa.
Do not be shocked if he walks.
If you had an anxiety disorder and thought an intruder was in your home, at a private secure, guarded compound, wouldn’t you get your girlfriend and run downstairs calling for security? Instead he gets his gun, puts on his legs, never looking for Reeva, and then shoots 4 times through a door before ever hearing her, or knowing exactly where she was?
His story is bullshit, he knew where she was, in a defensive position with her hands and arms covering her head, probably crying for help and he shot her to death. If anyone doesn’t realize that his story makes no sense, that he made 2 calls to his uncle and a friend before he called for an ambulance, where I’m sure he was told to disturb the crime scene as much has he could before moving the body to confuse the investigation, which it did. This is a man who wasn’t afraid he was on a mission to shoot someone out of anger, who it seems was dressed to leave his house at 4 a.m. and he wasn’t going to let her leave, at least not alive anyway. He’s a monster.
GAD is fairly common. I doubt if I flipped the f* out and shot someone to death it would help me much in a court of law, however.
I do believe he has an anxiety disorder or worse, because I remember reading about him prior to this murder. He owned attack dogs for a while, and I remember thinking “this guy is totally paranoid”. I was a big fan of his during the Olympics, but after reading various articles about him and then the tantrum he threw at the Paralympics about some other guy wearing blades that were too long, I decided I didn’t care much for Pistorius anymore. He obviously had some mental issues even before he shot Reeva Steenkamp. Do I think his mental issues should be considered in the this trial? Yes, I do. I don’t necessarily think it will excuse his crime, but I think it should be taken into consideration.
Isn’t it funny before he blew Reeva’s brains out, he was an arrogant out of control, gun happy guy who was super aggressive with other men even threatening men who were dating women who stopped dating Oscar because he was a total jerk. Now with the trial he’s a crying, simpering, anxiety ridden emotional cripple, who ran to shoot whoever was in the bath room instead of grabbing Reeva and leaving the house to get help on his cell phone. Amazing how this mental disorder came about because he might have to take some personal responsibility for murdering a young woman so violently.