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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. Air Max 97 Damen Sale . Picard had a goal and two assists to help Canada improve to 2-0 at the tournament. 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The son of a prominent oil executive, Adams built his own energy fortune and founded the Houston Oilers.NEW YORK -- Mets rookie Eric Campbell earned a start in left field because of his bat. He should be getting even more playing time because of his glove. In his first career major league game in the outfield, Campbell doubled Yasiel Puig off second base after making a spectacular diving catch in the eighth that helped preserve New Yorks 5-3 victory over the Los Angeles Dodgers on Thursday night. "As it always goes, put a guy in for his offence and his defence saves the game," manager Terry Collins said. Campbell had a sacrifice fly in the first inning and is hitting .368 in his first eight big league games. Collins said he is going to use the versatile 27 year old who plays mostly at the corner infield spots at second base and shortstop, too. Campbell, who even worked out a bit behind the plate to be the Mets emergency catcher with Travis dArnaud on the 7-day concussion list, is ready. "I can handle it," Campbell said of playing second and short. "Just fielding a groundball and throwing to first." Jonathon Niese (3-3) hit an RBI double to provide himself some much-needed run support and pitched seven sharp innings for New York, which won for just the sixth time in 20 games this month and avoided a three-game sweep. Juan Lagares had a go-ahead RBI single in the seventh. The dynamic yet, at times, frustrating Puig made a sensational catch of his own on a sinking liner to right-centre that was so good it elicited a warm ovation from the 23,416 in attendance. But he made two baserunning mistakes that could have cost the Dodgers runs. "Thats one of the best catches Ive ever seen," Campbell said. "That was crazy." Zack Greinkes stretch of 21 straight starts allowing two or fewer runs ended. A mark that hasnt been matched since at least 1914 was done in by some sloppy play. "Just in my experience, weve played incredible defence when Im pitching throughout the years," Greinke said, "so, if someone makes one mistake in one game, you cant really say too much." Dodgers centre fielder Matt Kemp bobbled Curtis Grandersons drive in the first inning to right-centre, allowing Granderson to take third base on a double in a 12-pitch at-bat. Granderson then scored on Campbells sacrifice fly. In the fifth, third basemann Justin Turner failed to glove Daniel Murphys slow grounder that allowed Niese to score for a 3-1 lead.dddddddddddd Niese reached on a well-struck RBI double to right-centre following Anthony Reckers double to a similar spot. Greinke was lifted after five, yielding four hits, three runs -- one earned -- two walks and four Ks. He has allowed two earned runs or fewer in 22 games. Niese then walked Chone Figgins, playing in place of Dee Gordon, to start the sixth. Figgins advanced to second on Puigs grounder to third when Murphy, the second baseman, dropped Wrights force attempt -- the call was upheld by replay. But Niese escaped unscathed when Puig ran into an out on an infield fly gone awry. Hanley Ramirez hit a high popup to second base. Murphy backed up under the ball but appeared to lose it in the lights. When the ball fell, Murphy hesitated and Puig jogged into second. Apparently thinking he was forced out, Puig wandered off second and was tagged out for the double play. "I didnt actually see the umpire give the signal," Puig said through a translator. "I felt it was a little bit too late and, by that time, I was already off the base. I thought it was going to be a double play and I was already off in that situation." The Dodgers tied it in the seventh, though, when Turner hit his first homer with the Dodgers after spending parts of four seasons with the Mets. "Hes welcome for that one," Niese said, joking. "For that one, just a mistake that he punched." Lagares RBI single off Chris Perez (0-2) s gave the Mets back the lead in the seventh. Granderson tripled in a run in the eighth for a 5-3 lead. Niese had received just five runs of support total in his previous four home starts. The left-hander has not allowed more than three earned runs in 12 starts. Jenrry Mejia pitched the ninth for his second save. He pitched a scoreless ninth Wednesday night making this his first back-to-back appearances since moving to the bullpen this month. NOTES: DArnaud (7-day concussion DL) was scheduled to do some on-field work before the game. If all goes well he should take batting practice on the field Friday. ... Up next: The Dodgers head to Philadelphia on Friday and the Mets play host to the Arizona Diamondbacks. ' ' '