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Author: Scarinci Hollenbeck, LLC
Date: May 30, 2014
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201-896-4100 info@sh-law.comThe athlete contends that the event was an accident and that he thought he was acting to protect himself and Steenkamp against an intruder, according to the LA Times. Defense lawyers used a testimony from expert witness psychiatrist, Merryll Vorster, to try to show that Pistorius suffered from an anxiety disorder. This disorder, coupled with feelings of fear and vulnerability over what he thought was an intruder, caused it to seem reasonable for him to fire four shots through a bathroom door, they say. The prosecution argues that Pistorius intended to kill Steenkamp after an argument.
Vorster said that Pistorius’ reaction to the perceived threat in the early hours of Feb. 14, 2013, would have been necessarily different from that of a “normal, able-bodied person without generalized anxiety disorder,” according to the BBC. She went on to say that this would not have affected his ability to tell right from wrong and that it was up to the court to rule as to whether his anxiety disorder diminished his legal responsibility.
Judge Thokozile Masipa handed down a ruling after this testimony in which she said that the court had no choice but to refer him for a full psychiatric evaluation, the LA Times reported. Masipa explained that her aim was not to punish Pistorius twice, but to ensure that justice would be done. She also raised the possibility that Pistorius be treated as an outpatient, rather than forcing him to stay overnight for the entire 30-day assessment.
If Oscar Pistorius is found guilty of murder,the national sporting hero could face life in prison. If he is acquitted, the court must then consider the alternate charge of culpable homicide, for which he would face up to 15 years.
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