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The Oscar Pistorius murder trial is underway. On the first day of trial, Michelle Burger, a neighbour of Pistorius, took the stand and set the stage for the prosecutions case. She testified that she heard Reeva Steenkamp cry for help. "I was sitting in bed and I heard her screams," Burger testified. "She screamed terribly and she yelled for help. I heard the screams again. It was worse. It was more intense. Just after her screams, I heard four shots. Four gun-shots... You could hear it was blood curdling screams. You cant translate it into words. The anxiousness in her voice, and fear. It leaves you cold. She screamed terribly and she yelled for help." We know that Pistorius has admitted to killing Steenkamp. The issue being determined at trial is whether he killed her intentionally, or as Pistorius alleges, he killed her by accident. This is his version: "During the early hours of the morning I brought two fans in from the balcony. I had shortly before spoken to Reeva who was in bed beside me. Unbeknown to me, Reeva must have gone to the toilet in the bathroom at the time I brought in the fans, closed the sliding doors and drew the blinds and the curtains. I heard the bathroom window sliding open, I believed that an intruder or intruders had entered the bathroom through the bathroom window which was not fitted with burglar bars. I approached the bathroom armed with my firearm, so as to defend Reeva and I. At that time I believed Reeva was still in the bed. The discharging of my firearm was precipitated by a noise in the toilet which I, in my fearful state, knowing I was on my stumps, unable to run away or properly defend myself physically believed to be the intruder or intruders coming out of the toilet to attack Reeva and me." So lets address some of the more important parts of the trial. Understanding the Charges The key charge against Pistorius is premeditated murder. Premeditated murder requires an intent to murder plus planning the murder. Based upon what we know, expect the prosecution to have a tough time establishing premeditated murder. As support for the charge, the prosecution will argue that the act was planned (or premeditated) since he took the time to put on his prosthetic legs before walking to the bathroom and firing four deadly shots. However, that by itself wont likely be enough to establish the requisite planning element. Premeditation is reserved for more robust planning and generally doesnt capture an intent that materialized right before a crime was committed. For those that like precedents, in the case of State v. Raath, a South African Court ruled that a father forcing his son to remove a firearm from the safe to kill the sons mother was not sufficient to constitute premeditated murder. However, that doesnt mean Pistorius walks. Not even close. Even if the prosecution cant make out premeditated murder, it can still get Pistorius on the lesser charge of murder. In order establish murder, they only need to show that he intended to kill Steenkamp (no planning element needed). Should the prosecution fail on murder, there is another lesser charge that could come into play: culpable homicide. This charge means that Pistorius negligently killed Steenkamp (or that the killing was an accident). And this is what Pistorius is alleging - he killed Steenkamp by accident. He thought she was an intruder. Prison Time Premeditated murder would get Pistorius a compulsory life sentence, while murder would result in a compulsory sentence of 15 years. For culpable homicide, the sentencing is discretionary (varies from fines to prison time), although its not unusual to see prison time in South Africa of 5-10 years for this type of crime. No Jury System & Judge Masipa South Africa does not have a jury system. Juries at times render unexpected or unusual decisions. They can also be swayed by public sentiment and emotion, while also potentially distracted by celebrity and irrelevant facts. A judge, however, is more likely to focus on the facts and make a ruling based upon those facts. The judge is charged with ensuring a just result and on that basis, will carefully review and consider all the facts of a case. Judge Thokozile Masipa is presiding over the trial. Masipa has a reputation for being tough on cases that involve crimes against women. In May 2013, Masipa ordered serial rapist Shepherd Moyo to serve a jail sentence of 252 year sentence. She hoped the sentence would serve as a "deterrent." Given her intolerance for violence against women, Judge Masipa is perhaps not the ideal judge for Pistorius. South Africa, by the way, has the highest reported rate globally of females murdered by shooting in a country not engaged in war. Thats another reason this case matters. The Case The trial has only just begun. More witnesses will testify and further evidence will be presented. So its tough to know how this will end for Pistorius. Still, there are a number of improbabilities with Pistorius version of the events. How did he not know Steenkamp was not in bed when he walked right by her? Wouldnt Steenkamp have yelled in the bathroom after the first shot was discharged? As well, witnesses have reported seeing the lights on, contradicting Pistorius account that it was pitch dark in his room. As well, Steenkamps wounds suggest she was not sitting on toilet on left hand side of bathroom but rather on right side of bathroom. This suggests she was hiding from Pistorius. Also key is whether Pistorius and Steenkamp argued that night. The prosecution has already produced witnesses who testified that they heard shouting and screaming. This helps the prosecutions argument that this was a quarrel that tragically escalated to murder. As well, the couples mobile phone records could provide helpful insight as to what happened that night. Steenkamp is said to have had her phone with her in the bathroom when she was shot. Was she contacting the authorities or friends for help as an enraged Pistorius charged toward her? It is unusual for someone to take their phone to the bathroom in the middle of the night (unless they feel threatened) and the prosecution will undoubtedly raise that. There is more. Pistorius told authorities he could not remember the password to his own cell phone. As a result, authorities took the phone to Apple headquarters to have it unlocked. This raises the possibility that Pistorius may have been hiding incriminating messages. Forensic evidence will also be presented, which can be quite effective in piecing together what really happened that night. For example, each drop of blood in the bathroom can help determine if Steenkamp was sitting, standing or moving at the time she was shot. Pistorius rage issues will also come into play. As for the defence, they will argue that the shooting was a tragic mistake - but a mistake nonetheless. They will also focus on contradictions and inconsistencies in statements made by witnesses to police and their answers in court. In fact they have started challenging witnesses, attacking not only their recollection of events, but also the plausibility of their claims that they could hear the couple argue from their homes. Pistorius claims lack believability and veracity. Ultimately, it would not be a surprise to see Pistorius convicted of murder and sentenced to 15 years in jail, particularly with a Judge like Masipa presiding over the trial. That being said, there is still a lot of track to cover and much evidence to consider. Still, Pistorius is facing an uphill battle. Discount Shoes . Now he has a complete game. Scherzer tossed a three-hitter in his 179th career start for his first complete game and Victor Martinez hit his 16th homer to lead the Detroit Tigers a 4-0 win over the Chicago White Sox. Shoes Sale .C. -- Colin Kaepernick raced into the end zone, then pretended to rip open his shirt with both hands imitating Cam Newtons Superman touchdown celebration. https://www.fakeshoeswholesale.com/.ca. Hello Kerry, After watching Nino Niederreiter clobber Alex Burrows with an open-ice hit on Wednesday, do you think he should have gotten more than the two minutes for interference. Cheap Shoes . It was just business as usual for the Thunder at home. Durant scored 32 points and the Thunder beat the Bulls 107-95 on Thursday night for their eighth straight win. Fake Shoes . -- Floridas smothering defence returned to form just in time for the third-ranked Gators to keep their winning streak going. OAKLAND, Calif. -- The Golden State Warriors are taking another chance on a television analyst and former NBA guard who has never been a head coach at any level. The Warriors won the bidding war with the New York Knicks for Steve Kerr on Wednesday, hiring him away from the TNT broadcast table to be their coach. Kerr agreed to a five-year, $25 million deal with Golden State, said his agent, Mike Tannenbaum. The Warriors confirmed the agreement Wednesday night and said they will introduce Kerr at a news conference after the contract is complete. Kerr had been in talks with the Knicks about becoming their coach since Phil Jackson took over as team president in March. He won three titles playing for Jackson in Chicago and another two under Gregg Popovich in San Antonio. Kerr told NBA.com, which first reported the agreement, that going to Golden State "just felt like the right move on many levels." He said his daughter plays volleyball nearby at the University of California, Berkeley, his oldest son is in college in San Diego and his youngest son is a junior in high school. Kerr called the offer to coach the Knicks a "tantalizing" opportunity. He said it was "agonizing" to say no to Jackson "because of what I think of him and what hes done for my career." "I told Phil, I think I have to pursue this other opportunity," Kerr told the website. "He gave me his blessing. He said. Go look at it, and do what was in my heart." Kerr, 48, said last month that he has wanted to coach since stepping down after three seasons as general manager of the Phoenix Suns in June 2010. And while the lure of rebuilding a flagship franchise with his mentor at Madison Square Garden looked appealing, the chance to coach a Western Conference contender in his home state proved to be too much. Kerr replaces Mark Jackson, who was fired by the Warriors on May 6 after three seasons and back-to-back playoff appearances -- mostly due to a sour relationship between him and team management. The Warriors job is certainly a far more attractive one than when owner Joe Lacob hired Jackson away from the ESPN/ABC broadcast table in June 2011. The Warriors are coming off a 51-win season and consecutive playoff appearances for the first time in 20 years, and theyve surrounded star Stephen Curry with a talented young core.dddddddddddd Kerr became the hottest coaching candidate on the market after Phil Jackson started courting him to the Knicks. Kerr also has close ties to Lacob, his son, assistant GM Kirk Lacob, and Warriors President Rick Welts, who worked in Phoenixs front office during Kerrs time as Suns general manager. Given the tension that built between Jackson and Warriors management last season -- and the back-and-forth that played out between them in the media after Jackson was dismissed -- having an established relationship with Kerr was a big reason Lacob wanted him as coach. Lacob lauded Kerr as a candidate last week and defended the decision to change coaches -- which has been debated at great lengths in the basketball-united Bay Area. He compared the decision to how he built his fortune as a venture capitalist in Silicon Valley. Lacob said theres a different person to lead a business at different stages of development, and the Warriors have gone from a "startup" company to an organization looking to maximize its output. "Or in this case win an NBA championship," he said. "And we just felt overall we needed a different person to go forward and get to the next level." And while Kerr has no coaching experience, he played 15 seasons and -- also similar to Mark Jackson -- has been around some of the most successful sideline leaders. Kerr has credited Phil Jackson and Tex Winter for most of his basketball knowledge. Winter taught the triangle offence -- which Kerr would not commit to running with the Warriors -- and was a longtime assistant for Jackson, who used the system to win an NBA-record 11 championships as a coach of the Bulls and Lakers. Golden State also spoke with former Orlando Magic and Miami Heat coach Stan Van Gundy during its search. Van Gundy agreed to a $35 million, five-year deal with Detroit on Tuesday after the Pistons also gave him control of basketball operations -- something the Warriors wouldnt do with general manager Bob Myers and Kirk Lacob in place. The Warriors met with Kerr again on Tuesday night in Oklahoma City, where Kerr was calling the Thunder-Clippers game. And they apparently made a big enough impression -- and contract offer -- to land the man they wanted all along. ' ' '