How credible is the Pistorius investigation?
Attorneys David Schwartz and Rachel Self weigh in
- Duration 6:10
- Date Feb 23, 2013
Attorneys David Schwartz and Rachel Self weigh in
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-- a crucial a couple of days in the Oscar -- story as murder case and now the father are of his model girlfriend whose dad speaks out for the first time.
Saying the athlete will quote.
Have to live with his conscience if he's lying about how he killed his daughter.
The story -- does admit to shooting 29 year old Revis dean camp but denies it was murder saying he thought she was an intruder.
Yesterday of visibly distraught historians was released out on -- And he still awaiting trial he's at his uncle's house.
Rachel's self is a trial attorney David Schwartz a former prosecutor and also a defense attorney and welcome to both of you thanks for joining us thank you.
You know this case -- this bail hearing David had people transfixed.
On the screen.
Listening and watching.
But we shouldn't read too much into it that's correct me if I'm wrong but this bail hearing just means and his release on bail means he's not a flight risk not a determination of guilt or innocence.
Iraq I agree Jamie totally this is not a trial this is not an acquittal after trial all the evidence hasn't been seen yet.
And clearly this is just -- -- determination.
If the defendant will come back to court that's all this is that this is about is a big trial left to take place.
And Rachel good law in in that country compared to our country is very different we've learned so much about the evidence in this case.
And also the botched evidence the lead investigator left bullets behind.
They've admitted to that and he was removed from the case.
After the bail hearing because he himself is facing murder charges a prosecutor whether he knew about it or not.
What's the -- of that on the credibility of this whole case.
Well I think you've got a lot of problems going on here but the prod the lead prosecutor in the lead investigator who initially came onto the scene in a murder case like this.
Making so many mistakes and it's something that the judge mentioned a lot and that bail hearing yesterday next.
I was completely transfixed I was on the edge of my seat -- -- full two hours watching the entire thing.
I was fascinated that yet you know how many trials all of us have been handling or or viewing and -- here this judge.
So meticulously go through this the forensics will play a huge -- David and questions even like if she was in the bathroom any thought she was an intruder did she ever shoes on even though he says she was in bed with him initially court.
Did he put his prosthetic legs -- -- not what's he dressed for bed or not.
Will we ever hear those answers into the investigation was box to the degree we've known already.
Yet yes because -- I don't think the boxes fatal in this case I'll tell you why.
This this detective because this case is a what happened case it's not a -- -- -- case we're not out there looking to see.
Who the killer is so the investigation into what happened case is starting right now.
That we need to get the ballistics evidence in place the forensics the emails what led up -- this was there a fight the neighbors testimonials.
So -- -- so much investigation.
That's gonna make or break this case from this point forward it.
It has so many elements that are really fascinating you're right even for legal scholars -- -- Rachel premeditation.
You know we're taught in law school of a certain.
Definition of premeditation.
And I seem to -- call that it can be on a moment's notice.
And they're saying even if he took the time to put his prosthetic legs on when he thought there was an intruder that could be enough to change this case and turn -- into premeditation do you agree.
An issue here too is common sense factor is the big problem I have with that despite all the boxes that the investigators -- Which I think is going to assist in showing reasonable doubt.
But we don't know what's gonna come out in the future and if they double -- and continue with the investigation and find SMS messages or phone calls or whether she -- stored on or whether she can't make up honor.
Whether she was dressed for that all of these things are going to come out eventually at the trial stage.
But initially you know.
How much time it might have taken -- to go from the balcony to the bed get the gun go in there and just not an ask who's there.
Who's in -- come out there I'm gonna fire I mean it in there some sense stuff here that really hurts -- -- It's in this case -- Banc one thing we always ask ourselves in these cases of murder.
Alleged murder in his case but it is a murder trial David is whether or not.
The defendant will take the -- We may never hear his story to questions that Rachel's asking.
We make and all that has to be raised there are as different as that system as is reasonable doubt do you see reasonable doubt already.
Although I I don't actually without the defendant taking the -- I think this is one of those cases that screams out for the defendant to take this stands.
You know what you got -- tell the Trier of fact don't we don't leave your common sense at the door you have a guy a guy he takes out -- nine millimeter gun.
He walks up to the bathroom where his girlfriend is in -- fires four shots three shots hitting our.
That shows intent to kill and the only way for him to overcome that is to get his story out by testify -- I would not be surprised to be testified.
Rachel if he were your client would you advise him to and keeping in mind that even if he does.
The conviction rate there are so different than here is 10% or less.
So what's -- -- and then did.
Well I'm no expert in south African -- but -- been fascinating learning as much as I have the last few days and I would -- and yes you have to tell your side of the story because it's this it's a case of what is the story and he's the only other one knows truly what happened that night and he's already told his story because he submitted a sworn affidavit for the purposes the bail hearing.
So we already know what his position is and what his story is so he's not going to be damaged further by taking a stand I don't believe.
Well Rachel and David emotions are running so high on both sides both families.
And we'll continue to watch a case he's back.
Beginning of June thanks to both -- you again.
Thanks nice to see you great to see you.