Premeditated murder charge for Oscar Pistorius?

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-- the world's fastest runner without legs facing charges that he murdered his fashion model girlfriend.

Shooting her in his home on Valentine's Day.

Oscar the story is -- and -- known around the world as the blade runner remains in jail charged with murder.

And now prosecutors say they're pursuing an upgrade charge of premeditated murder.

The Olympic runner has issued a statement strongly disputing the allegations -- that are legal panel now -- over -- former prosecutor now criminal defense attorney.

Racial self as a criminal defense attorneys have book that you have experience.

Trying to defends.

Alleged criminals and in high profile cases.

Brian there doesn't seem to be a lot of argument that he shot this woman that you say there's not enough evidence this is suggests murder why do you feel that way.

Well you know the fact that they have -- an alleged history of domestic violence.

By itself is not gonna prove this case you know according to the facts that are being reported he allegedly shot her through a door and the night before his burglar alarm went off.

So he probably won't make a claim that he thought the house is being burglarizing he fired in his own self defense to shockingly discovered that he actually shot his girlfriend.

And I think that's the direction this case is gonna go.

How strong is that argument Rachel what do you think about that.

I think it's a strong argument I agree I think self defense and tragic accident are going to be the best defense is hearing from what and reading crying in South Africa.

Is rampant burglaries and home invasions are rampant even in gated communities brides brides to give -- to guards -- gated communities to break into people's homes.

And if you think of violence in America for instance that the chair.

Home invasions in violence in South Africa are like an electric chair from what I've been reading so I think that it's not uncommon that these things happen last year father just shot his daughter.

In a similar circumstance I think self defense and tragic act yet.

Are going to be what the defense.

Did you -- they both bring up a journalist who knew the model.

In the magazine that she appeared and had this to say about South Africa and about this particular case and I thought -- observations were interesting want to share them with our viewers.

He says is the best case is that he shot her by mistake.

And that is particularly.

That is -- particularly south African mistake that we are still paranoid you are ready to fire off bullets when you don't know what is coming.

We -- such -- messed -- country in some ways and every now and then it comes to the -- -- events that bring it into sex stark relief.

That said though.

Brian.

That prosecutors say they're going for premeditated murder that's not the official charged right now but that's what they say they're going for so violence in the community or not.

They must have something that suggests that.

Well as defense lawyer my question is what is the forensic evidence tell us and I think they probably knows something about this case that we don't.

For example.

What she shot in the head facing forward.

What she shot from the side or -- the entry wounds come through the back of her head.

You know it's a claim of self defense were you shoot someone in the back of the head is going to be very tough to make.

Secondly I would add.

I wonder if there was any blood on the handgun when we have murders where someone is shot at point blank range there's always that blood spatter on the gun.

So if there's blood spatter on the gun -- she was shot in the back of the head.

I don't know if this is self defense so the forensic evidence is going to be very important in this case.

And what about the other part of it regional that is it that police have said -- says so little about this but they have said they haven't called the home before.

For other domestic -- -- we don't know who was involved.

Exactly but but what about that how does that add into this case.

It's definitely going to come into play with regard to whether or not he's violent weather or not yes -- premeditation or violence and it's our understanding.

That the prior girlfriends have said that he was violent with her and and -- victim in this case her Twitter announcement just the day before this all happened.

Had to do with standing up for victims of domestic violence so.

It's absolutely going to come into play I believe that forensically it's going to need to be proven that it was premeditated and I think that I think that that might be tough to prove that in this case at this point we don't know for sure what's gonna happen everything's so soon there is something that he also posted on Twitter as getting a little attention is in the New York Times today Oscar historian shot in and that in November.

Said -- it's nothing like getting home to hear the washing machine nine and thinking it's an intruder to go into full combat recon though it.

Into the pantry.

And we don't know if he's kind of making a joke about this getting nervous walking into his own home win ball probably get in there before Brian -- -- -- get spooked about something but it's been documented that he says sometimes.

When he is sleepless night TV go to the -- range.

He's talked about that a little bit.

You know does this what does it suggest to you as a criminal defense attorney.

It tells me I have a very nervous defendant.

You know and by the way it might be for good reason he's a celebrity you know he's a Libyan people know him and I'm sure in his community they know -- he lives.

You know in terms of his personality he might be someone he's nervous was a lot of security concerns but I think to a certain degree that security concern is very well founded.

But again it does -- we have someone that might have a bit more of an eager trigger finger so to speak.

Then just a regular average person.

And so racial if you were preparing for this case what's the first move that you would make if you -- part of his defense team.

I would start investigating all of the crime statistics regarding everything that happens down our home invasions -- burglaries and I would start working the tragic accident offense and the defense is self defense.

You know there's so much and being focus on him can't forget.

On the woman who died in all this in the family right now planning funeral Brian and Rachel great to have you it's an interesting story and one we'll watch very closely over the next few weeks thank you.

Thank you nice to see -- ball.

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Premeditated murder charge for Oscar Pistorius?

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