Tuesday, May 13, 2014

The Pistorius defense is not a moving target.

Tuesday, May 13, 2014
 
PRETORIA: Oscar Pistorius (click here) has an anxiety disorder brought on by an unstable childhood and the “traumatic assault” of having his lower legs amputated as a baby, a psychologist told the court hearing the South African track star’s murder trial on Monday.Pistorius was born without fibulas in his lower legs, leading to amputation at the age of 11 months.

Testifying for the defence about his mental state, forensic psychiatrist Merryl Vorster said that because the surgery was at such a young age, it would have been impossible to reason with the baby, making the pyschological scars much deeper.

“He was too young to understand why,” Vorster told the court. “His mother could not have comforted him because he was pre-language phase. It would been perceived as traumatic assault.”

Pistorius is on trial for murder after shooting and killing his girlfriend, 29-year-old law graduate and model, Reeva Steenkamp on Valentine’s Day last year....

Frustrating, yes; moving target, no.

Reeva's life was important and the prosecution has a case. They know who killed her and he has a history with guns.


There needs to be a paper trail to a long term mental health problem. I have no doubt Mr. Pistorius has a great deal of anxiety with his trial. He may finally realize he was out of control in the way he was conducting his life. He may finally be coming to terms with his celebrity status and the entitlement he believed that provided to him. Sure there is going to be anxiety. He has life looking at him directly in the face.

The prosecution has to uphold the dignity of Reeva and her life. They are obligated to find out his exact mental health status and then consult with experts. The case is not lost and the defense is doing what they are obligated by ethics to do. The defense is giving Mr. Pistorius the best chance he has to effect any verdict and sentence. 

What is interesting about this defense strategy is the effects of his life on his mental health are usually brought out in the sentencing phase in the USA. The case stands on it's own. There is a difference here and the prosecution might even have an objection to the path the defense is taking. It depends on the law there.