Juror13

True crime and trial opinions from a layman's perspective

Oscar Trial – Day 17, April 8 OSCAR

Oscar returns to the stand for more direct examination.

Roux is now focusing on how Reeva and Oscar met. They met on Nov 4, 2012, at a car event. Justin Devaris is their mutual friend. They hit it off at lunch and Oscar asked her to attend the sports awards with him later that night. Oscar states he had the most amazing time with her.

reeva and oscar

For the first six days they saw each other every day. She then left for Jamaica to film a TV show. Things had slowed down between them when she returned. They spent time getting to know each other in November and December. Oscar planned to go to Cape Town for Christmas vacation. He invited Reeva but she wanted time alone and was going to stay in Johannesburg with friends. The friends she had planned to spend Christmas with ultimately canceled their plans so Oscar stayed through Christmas and spent the day with Reeva, their friend Darren Fresco and Darren’s girlfriend. The next day he left for Cape Town and was scheduled to stay until January 2. Reeva stayed at Oscar’s place in Pretoria while he was away. On January 1st, Reeva called him and asked him if she could come down. Oscar states that January is when their relationship really started to pick up and get going.

Oscar says that they had both come out of difficult relationships and he was probably more in to her than she was in to him. He tried to give her some space. But they started to grow closer in January. They started talking about the future. He had a trip to Brazil in March and he had booked a flight for her to come with him. She told him about her brother and he said to her that he wanted to meet him. They also were picking out furniture together for his new home in Johannesburg. Reeva had shared with Oscar that she was looking for a new place to live and Oscar was helping her with some of her work contracts.

Roux now reviews the Whatsapp text messages that were read in court a few weeks ago to get some clarification and explanation for their conversations. (See my blog entries for Days 14 and 15 of the trial for details.)

They establish that Reeva did have an interest in cars.

They also review the “rabbit” text message that was confusing to many of us. A friend had given him a wood carving of a rabbit and Oscar in turn had often given these little carvings to friends. Reeva saw him taking pictures of them once and got upset. It sounds like they have some sort of sentimental value and perhaps there was some jealousy there, but he doesn’t really explain the full meaning behind it.

They address the text where Reeva says she was not a stripper or a ho. Oscar says it was Reeva being defensive to his previous message where they were arguing about her time in Jamaica.

They next talk about the long message where Reeva tells Oscar that she’s very upset with him for having to leave Darren’s engagement party early. Oscar states it was just a bad day for them. Their friend who they had to pick up was running late and Oscar was also running late, so it started out bad. When they first got there, they were initially enjoying themselves. Oscar then needed to get some food. He was on a specific diet and couldn’t eat what they had there. He also says they had agreed they’d leave by a certain time.

At one point Reeva started talking to a male friend. Oscar was standing behind them and Reeva didn’t introduce him. He walked off angry and states that he felt insecure and a little bit jealous. Reeva then came over and sat with him and was tickling his neck. It annoyed him and he says “he wasn’t kind to her like he should have been”. He needed to leave to get food before training so they left and he dropped her off at her place. She was in a short mood with him. They didn’t talk for the rest of the day until she sent him the long text message.

Oscar then reads his reply back to Reeva which, in my opinion, was a pretty weak attempt at an apology. He states he is sorry and then goes in to a two paragraph explanation of how her actions caused him to act the way he did. Ultimately it ended with him sending her a text message of XXX and she writes back XXXXX.

They then read another text where they are at an event and Oscar wanted to get to the exit quickly. Reeva stopped to talk to a friend and Oscar got upset and embarrassed her in front of people. This is the text message where she says to Oscar that she has tried to make him proud but he didn’t make her feel like a lady that night. She can’t be attacked by outsiders for dating him and be attacked by him at the same time. Oscar explains that he needed to leave early that night; he had a very hard training session in the morning. They did argue but he didn’t think many people could hear. Perhaps only a few people.

In my opinion, I get the impression that Oscar had very specific needs and they were probably difficult to live with. I don’t think Oscar would necessarily deny that. It seems like it could have potentially been a constant source of friction. The one thing that I’m not fond of at all in his explanations is that he tends to make it seem like Reeva is overreacting to everything and that he hasn’t really done much wrong. He justifies all of his actions.

It’s hard to know the true story when you are interpreting people’s messages from a distance but it was very interesting to see the faces of the gallery in the courtroom. Many friends and family members were shaking their heads and having annoyed looks on their faces. Gina Myers, Reeva’s close friend, and her family were there and they did not look pleased at all with most of Oscar’s answers. Even Aimee Pistorius looked annoyed for parts of the day. These people know the inside stories. We will only ever hear Oscar’s side.

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One piece of info to point out, Oscar did state that he doesn’t often argue with people over text. He prefers to speak directly to sort things out because emotions can be misunderstood.

They review a message where Oscar is telling Reeva that she shouldn’t go running (he states because of safety.) Some may interpret this as he was trying to control her.

He talks about the stresses in their lives. They both had their own financial stresses. Oscar had his career and media stresses. Reeva had her work and health stresses. He’s just talking about their general state of affairs. He then shifts to Reeva dealing with nasty messages on social media that she had been receiving because she was dating Oscar.

Oscar again states that they first met and got together on November 4th. His last communication with Samantha Taylor was on October 27th. Samantha wrote him an email in which she confessed to sleeping with another man. He states that Samantha was calling him constantly after that and he never replied to her messages or emails. And once again… all of Reeva’s friends in the gallery are shaking their heads and whispering to each other. It sure does seem like they know a different side to this story.

He says that on November 4th, Reeva said to Oscar that she was aware that her attending the sports awards with him would be controversial considering he had just been with Samantha in the Seychelles weeks before where they filmed a TV spot together. She knew it could stir up trouble, and sure enough it seems like it did. It really bothered Reeva that she was getting such hateful messages and that people were writing about it in the press. Oscar says his attitude was just to ignore it, live your life and don’t worry about what people are saying.

Roux and Oscar read through several more cutesy messages that the two have exchanged to each other. They show a few text messages where Reeva has sent a pic of herself to Oscar.

Reeva text pic

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They then look at a message where Oscar tells Reeva that he doesn’t want her driving alone at night. Roux asks him why he sent that. Oscar’s response was that in his family the girls aren’t allowed to drive alone at night for safety reasons. Interesting choice of words… allowed.

They read more flirty messages.

The text messages that they are reading are now getting close to Feb 13. A few days prior they exchange some texts that show that Oscar was stressed out about things. Reeva was being supportive of him.

They talk about the text message where Reeva states that she is going to meet up with Warren on Feb 12, but she says she can see him another day. Almost as if she is asking Oscar if it’s ok. Oscar replies that he has a dentist appt at 12:30pm but to come through (I believe meaning come over) when she is done.

Warren is Reeva’s ex-boyfriend. They dated for several years and had lived together. They remained close friends.

warren and reeva

We are now up to the text messages for FEBRUARY 13

Reeva had spent the night before.

10:08am RS to OP – Good luck today baba let me know how things go
OP to RS – Thanks angel

(Oscar had a meeting in Johannesburg that day with a financial advisor)

RS to OP – Baba I hope you don’t mind but I came back to the house to work a bit and do some washing. It will help me a lot to get stuff done and relieve some stress. I’ll go through to Joburg at like 3pm.

RS to OP – It’s a difficult thing to try to console you baba because it’s a shitty thing and you’re a nice guy. I guess these things happen and we can just hope they work out for the best. You are an amazing person with so many blessings and you are more than cared for. Your health and future monetary blessings far outweigh this hurdle I can promise u that.

(Oscar says this message had to do with the financial meeting he had that morning)

OP to RS – Thank you my angel, you don’t have to my angel. Stay tonight if you’d like.

(Oscar says this means he was telling her she didn’t need to go to Johannesburg, she could stay at his place)

OP to RS – I’m just finishing off at Ryan

(this was another meeting that he had that day)

RS to OP – Thank you baba. Let me know if you’d like to spend time with M or Carl. I’m sure you maybe feel like some family tonight.

RS to OP – Angel I’m going to go home at like 6pm. Please stay and do what it is you were going to do.

Roux is ready to move on now but first goes back to two previous test messages, one from January and one from February, where Oscar discusses his injured shoulder. He wants to remind the court about this injury.

Before addressing count 1, the Murder charge, Roux wants to address charges 2, 3 and 4. (You can find the charging documents on the home page menu of my blog)

COUNT 2

This is the charge of Oscar firing his gun through the sunroof on Sept 30, 2012. Darren and Samantha testified to this incident.

Oscar states that the previous night he had been at a wedding and the next day some friends decided to go to the Vaal River. On the way home afterwards that day, Darren Fresco drove (a car from Justin Devaris’ dealership), Oscar sat in the passenger seat and Samantha Taylor sat behind Darren. Oscar had to leave the river that afternoon as he was catching a flight that same afternoon to Scotland. They were traveling on their way back to the house but first had to drop off the vehicle. Their own vehicles were left at Justin’s house.

As they were about to hop on the highway they were pulled over by a police officer. The car they were driving did not have a registration sticker in front. The officer wrote a ticket and gave it to Darren. Darren took it and threw it in to the foot well where Oscar was sitting. He then got on the highway. Just after the plaza they were pulled over by a metro police officer. They asked Darren to get out of the car and walk to the front. A short period of time two more police cars pulled up.

Oscar felt he needed to get out and help “diffuse the situation”. This is troubling to me. Darren is talking to police officers. What does Oscar need to diffuse? I don’t understand his actions here. He took his weapon and put it on the seat before he got out of the car because he thought it would be a bad idea to approach the officers with a weapon. I imagine it would be.

One of the officers stated they had been following Darren on the highway due to speeding for quite a while. There was discussion amongst the officers at that time. Another cop yelled over to them asking whose firearm was in the vehicle. Oscar walked over to him and told him it was his firearm and to please give it back. Oscar then states the cop was aggressive with the firearm and ejected the cartridge out in to the car. He then dropped the gun on the seat and asks for Oscar’s registration. He wants to know why the gun is just sitting in the car and Oscar explains that he didn’t want to get out of the car with a weapon on him. The cop lost his temper, lit a cigarette and walked away.

Oscar was trying to find the bullet but couldn’t find it. Another cop came over to help. At this point, Oscar says he was quite agitated and angry that the cop had handled his firearm. Oscar thought Darren was going to get arrested but he only got a fine for speeding. Several minutes later they were done and they took off.

From there they went to Justin Devaris’ house. They also went to dinner nearby. He doesn’t remember what time. He left for Scotland later that evening.

As for shooting his gun through the sunroof, Oscar states that never happened. He also does not recall going to anybody’s house that day to sign gun papers. He is denying this charge against him.

COUNT 3

This is the Tashas Restaurant incident where he unlawfully discharged a firearm.

Oscar had a friend in town visiting at the time. Kevin Lerena asked them if they wanted to have lunch that day. Darren Fresco also met them at the restaurant. Oscar was considering purchasing a new firearm at the time and he wanted to see Darren’s gun. He states it was stupid of me but I asked Darren to hand me the gun under the table. He wanted to check that the gun was safe and as he was checking the chamber a round came out and the gun discharged.

He was “overcome with fear” that somebody may have gotten hurt. He was angry at Darren for handing him an unsafe firearm. He stated “what if somebody got hurt” and “take your firearm back” and he gave it to Darren under the table. At this point people started talking again in the restaurant. He thinks that people probably thought it was an explosion in the kitchen of some sort. Oscar couldn’t believe what happened. He didn’t really know what he was thinking. He feels they both were to blame. He made the mistake of wanting to see the firearm in the restaurant and Darren made the mistake of giving him a firearm that was loaded and one up. Oscar states that Darren told him not to say anything.

Roux then asks him if he made any comments about the media. Oscar first says no, not at that time. But then he states that he did say to Darren “do you know how stupid this was” and that he “couldn’t afford for it to get out in the media”. Oscar was stumbling with his words here. To me, it seemed like he was not just relaying the incident but rather trying to make sure he said the right thing at the right time. Just my impression. Darren told Oscar he would take the blame. He’ll say it got hooked on his pants and fell on the floor. Darren was coming up with excuses.

Mr. Loupis came to their table and asked if they knew what had happened. Darren told him the story about it getting stuck on his pants. Oscar then says it was his fault, I’m sorry and he’ll pay for the damages. He states he said this many times until they left. This is in contradiction to what Mr. Loupis, Kevin Lerena and Darren Fresco all testified.

He says he was relieved that nobody was injured or worse. Oscar paid the bill with his credit card and he apologized to Mr. Loupis again. Oscar also said that Mrs. Loupis stopped by the table and was joking with Darren and smacked him on the back of the head, jokingly.

He made it seem like it wasn’t a big deal to Mrs. Loupis, and actually made her look foolish as if she thinks gunfire is a joke. Oscar then says it wasn’t a matter to be joking about. Again, in my opinion Oscar is spreading around the blame and making himself look like the innocent, responsible one in the group.

They left the restaurant and noticed that Kevin had been hit in the leg with a small piece of tile. There was a small trickle of blood on his leg. Oscar asked him if he was ok and he apologized.

COUNT 4

This charge is for possessing illegal ammunition, .38 special rounds.
Oscar understands the charge and doesn’t dispute that he had it in his safe.

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But… he never purchased this ammunition; it belongs to his father who has a registered .38 in his name. He was only keeping it for him in his safe. It wasn’t his and it wasn’t in his possession, Oscar states. His understanding of the law is that you’re allowed to give your ammunition to another person for safe keeping. He had no intention of ever using this ammunition.

Although… let’s not forget he had placed an order for a .38 special from Sean Rens in June 2012. He was just waiting on the licensing to be finalized which never happened due to the killing. So to say he never had any intention of using the ammunition could be up for debate.

COUNT 1

This is the murder charge. Roux wants Oscar to tell the court what happened on the day and the evening of February 13.

That day Oscar woke up with Reeva who had slept over. He left Pretoria early to beat the traffic to Johannesburg. He was there for a financial meeting. He arrived an hour early, met up with a friend for coffee (he didn’t say who and I’d like to know who), then went to the meeting until about noon.

He had no plans that afternoon. He was not going to train that day because of his shoulder injury. He thought that Reeva was going to come back to Johannesburg so he was planning to call her after the meeting. But after the meeting he ended up seeing his estate agent, Ryan.

From there he went to see Justin Devaris at work. He asked him what his plans were for the day and they talked about having dinner. Samantha Grayvenstein, Justin’s girlfriend and Reeva’s close friend, showed up then. Oscar told her that the boys were thinking about doing a guys dinner and she said she was in the mood to just watch a movie in Johannesburg. She said she’d phone Reeva and ask her if she’d like to join her.

Oscar and Reeva then exchanged messages about what they wanted to do. Oscar said that Samantha had invited Reeva to watch a movie but Reeva said she preferred to stay in Pretoria again over night. Oscar then decided he was too tired to go out with the guys so he decided to go home and spend the night with Reeva. Reeva asked Oscar if he’d like her to cook them dinner.

There’s something about this exchange that just doesn’t sit right with me. I don’t know if I believe that Reeva wanted to stay and that she suggested they have dinner. The way he described their exchanges and the way he states that “she” suggested dinner when just shortly beforehand she was texting him saying “he should stay where he was and continue to do what he was going to do” (the guys dinner) makes me wonder who was pressing who to spend time together that night. And why?

Oscar then states that “from phone evidence”, she messaged her friend and told her that she wasn’t going to go home that night to Johannesburg and would be staying at Oscar’s house. Also “from phone evidence”, she left the estate to go get food for dinner. Interesting that he’s stating phone evidence. He’s not relying on what he knows, but rather evidence that has been entered.

Oscar arrived home shortly after 6pm. He parked his car in the driveway and went to the front door and it was locked and the dogs were running around the house. He started to say “the door was locked…” and the Judge cut him off and asked him to slow down. He then starts up again and says Reeva was cooking dinner in the kitchen. For some reason he abandoned that previous sentence. Oscar chatted with Reeva for a short time then went upstairs to shower and change. He changed in to his pajamas. He started to say that he went downstairs at 7pm then Roux jumps in and asks him if he had access to his iPad that evening.

Oscar says yes he had access to his iPad all day. Roux says no, he means only that night. Oscar really fumbles here. He starts to say again that Reeva was in the kitchen (almost as if this part is rehearsed), but he says he was also talking on his iPad… then he says he was surfing the net… he was looking at cars that he wanted to get around to that day to get a look at… Then the iPad is upstairs with him while he is drawing his bath. He may have even used it while he was in the bath. He took off his suit on the bed and he used it there again. It was really hard to understand exactly what he was doing with it. His sentences were very broken and honestly didn’t make a lot of sense.

Oscar says he stopped using it when he went down for dinner. Oscar and Reeva started dinner shortly after 7pm. Roux tells him due to website activity he can see an open period from about 7:10pm to 8:00pm, so is that the time that they were having dinner and Oscar says that sounds about right.

After they ate, they sat at the dining room table and chatted about Oscar’s day and Reeva’s new work contract. Reeva’s work from that day was on the table and she asked Oscar to go through her modeling contract that she was about to sign. He went thru it and made some changes for her that he felt were in her best interest. This makes me wonder if something will come up in cross-examination about this. All of the hints that we’ve seen about his controlling nature makes me wonder if there is something up with this paperwork. Maybe he had an issue with some work she was going to take. Just a thought. The fact that he specifically stated that Reeva asked him to review her contract stands out to me.

Typically they watch TV downstairs after dinner but they both had a taxing day and so they decided to go upstairs. Again, a red flag to me that all was not the norm that night. They are off their usual schedule.

He helped her with the plates. Reeva asked him if he wanted anything else to drink, a coffee or a tea, and he said yes. This was a really odd tidbit that he threw in here. Why even mention this detail? The only thing I can think of is there was an empty coffee cup on the left hand side of the bed and according to Oscar’s version of events, he slept on the left side of the bed that night, not the right where he typically sleeps. This detail feels very well placed to me. Oscar went upstairs and Reeva joined him a few minutes later.

Around 8pm, Oscar opened the balcony doors in his bedroom because it was a very humid evening. Contractors had been working on his house for some time. His air conditioning was not working and it was one of the things on their list. He has two fans; a silver tripod fan and a small plastic fan. He placed the back leg of the tripod fan out on the balcony and the other two legs just inside the sliding door. The small fan was placed in between the legs of the tripod fan below it. (So he never went out on the balcony as was stated in his bail affidavit)

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He closed the doors up to the edge of the fans. There are insects outside so he was trying to minimize the open space for them to fly in. He drew the curtains so that they were draped around the side of the standing fan, again to try to seal off as much open air as possible. They are black-out curtains. When they are drawn, it’s virtually pitch-black even during the day.

At this time, one of the lights in the room was on. Reeva came in to the room. He took his drink and put it on the bedside table (there’s that coffee cup again that is so important to mention!)

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He closed the bedroom door behind Reeva and locked it as he does every night. He also put the cricket between his sunglass display cabinet and the door. The bat fits that space fairly perfectly. The lock mechanism on his door is not very strong. So he uses this bat for extra security up against the door.

The house has an alarm system. It does not have door monitors but it has outside sensors. The sensors are battery operated, not wired. When his house was painted in 2010, they had taken all of the eyes off of the outside walls. His house was currently in the process of being re-painted and he was having troubles with the sensors. He goes on to explain how if you take one of the sensors off the wall before you activate it, it doesn’t have a memory to remember what was in its scope the previous time it was activated. It was another confusing explanation that felt very forced.

But nevertheless, he did put his alarm on every night and activated it with the remote on his house keys. He pushed the button every night.

So if we take a tally… the air conditioning is broken so he must use fans on the balcony, the bedroom door locks are not good so he has to wedge a cricket bat in at night, his alarm system is unreliable yet he still activates it every night but it probably won’t work. There are a lot of coincidences brewing.

He then takes his legs off at the bottom of the bed to give them some air. He put them next to the bed and climbed in to the bed, and Reeva got in to bed as well. The TV was on and he was texting with his cousin in Port Elizabeth.

Reeva was on her phone on social media, occasionally showing him pictures of cars and interior decorating, things that she liked. He very specifically added “things that she liked”. The iPads are going to come up in cross-examination. Just wait. He is going to try to pin something on that iPad to her.

Since he and his cousin were continually texting back and forth, he figured he’d just call him at that point. His cousin’s name is Graham. He was coming out for a business engagement. They were chatting about cars, a mutual interest.

While Oscar is on the phone, Reeva got out of bed and was doing yoga stretches on the floor. He had the phone on speaker. Every now and again Reeva would lean up and give him a kiss. He talked to his cousin for a half hour. When the hung up, Reeva got up and walked to the bathroom.

While Reeva was in the bathroom she called Oscar to come brush his teeth. This really struck me as odd. I don’t know anybody who tells a grown man to come brush his teeth. He walked to the bathroom without his legs on and brushed his teeth. While he was doing that, she went back to the bedroom. When he went back in the bedroom, she was in bed and he walked to the closest side of the bed (the left side) and got in.

He explains that earlier in the evening when he got home, he put his gun under the bed next to the attached pedestal (nightstand). When he got in to bed that night, he got in on the left side, the same side where his gun was. He didn’t usually sleep on the left but because of his shoulder injury he couldn’t sleep on his right side. He had been sleeping on the left side for a few weeks.

Shortly after, he started falling asleep. It was very warm in the room. Reeva was sitting up with her back against the headboard. He was lying with his head on her stomach watching TV. She would show him photos every now and again. He was getting increasingly tired. He asked her if she would bring in the fans, close the curtains and lock the door when she was getting ready to sleep, and she said she would.

Roux stops him there and wants to talk about Valentine’s Day, which would be the next day. He asks Oscar if there was a gift for him.

I think Oscar misunderstood the question because he then talked about what he got Reeva. He says in pretty much this exact order… he bought her a bracelet from a designer that she really liked earlier in the year. He hadn’t made any plans for Reeva for Valentine’s Day. He had a dentist appointment the next morning. Reeva wasn’t supposed to stay at his house on the 13th. So the plan was to meet her in Johannesburg at this jewelry store. The bracelet had a couple of charms on it. There were two bracelets he bought her. They had an agreement that they would not make a big deal out of Valentine’s Day. They were just going to have dinner. That was a nice evening for them to just be alone at home.

My opinion here again is that his answer made no sense at all and he was greatly fumbling all over the place. It felt like he couldn’t remember his script and was just blurting out words.
What does a dentist appointment have to do with anything?

The question was whether or not there was a gift. Why is the bracelet still at the jewelry store? Why did he say he bought it earlier in the year? It’s only February… that would have just been a few weeks ago. Why did he suddenly say there were two bracelets? I’m really scratching my head to understand his answer. The only way I can process this is that it’s not genuine.

Roux then asks him specifically if she bought him something. He says there was a wrapped present with a card that said Ozzy on the kitchen counter when he got home that night.

present

He was going to open it but Reeva told him that he wasn’t allowed to open it until the next day. He goes on to say that on August 8th of last year, on Reeva’s birthday, he opened it. It was a photo frame that had 4 photos of the two of them. It was pointed out on Twitter today that Reeva’s birthday is actually August 19th, not August 8th.

Back to that night… he is in bed without his prosthetics. Roux asks him what he was wearing. He says he was wearing basketball shorts and a grey vest (t-shirt). He then says to climb in to bed he took off his grey t-shirt and put it on top of his prosthetic legs. So he only slept in his shorts.

They take a 5 minute adjournment for Oscar to go change clothes. He is going to do a demonstration for the court (off camera).

He comes back wearing casual clothes. Roux has him stand next to the door with his prosthetics on. He then has him take them off and stand next to the door again.

Back to the timeline. When asked when he fell asleep he first says just after 9pm. Then he says between 9pm and 10pm.

He woke up in the early morning hours of February 14th. It was extremely warm in his room. He sat up in bed. He noticed that the fans were still running and the door was still open. The lights had been switched off. He then says “Reeva was still awake, she was obviously not sleeping.” He again fumbled a bit here and then said Reeva rolled over to him and said “can’t you sleep my baba”. He said no he can’t.

He got out of his side of the bed, walked around the foot of the bed holding on with his left hand. He got to the fans and brought the small one in first. Placed it just inside the room. Then moved the larger fan to further in the room. The fans were still running at the time.

He proceeded to close the sliding doors, he locked them, then drew the curtains. Roux asks him about the blinds. And he says he can’t remember, he probably grabbed them. He just remembers closing the curtains.

The only light in the room at that point was a little LED light on his amplifier. He saw Reeva’s jeans on the floor.

dresser and stereo in bedroom

duvet and jeans found on bedroom floor

view from balcony looking toward bedroom door on left and hallway to bathroom on right

bedroom view of bed and balcony door

He picked them up and was going to place them over the LED light. At this point, he heard a window open in the bathroom. It sounded like it was sliding open and he heard it hit the frame like it couldn’t slide open any further. It has a wood frame.

bathroom window

Oscar then says “My Lady, that’s the moment that everything changed”. He thought a burglar had gained entry to his home. Initially he just froze. There is no barrier between the bedroom and the bathroom. He immediately thought that if they were inside they could get to the bedroom at any moment. He immediately thought he needed to arm himself to protect he and Reeva.

He was scared that people were going to come out so he rushed as fast as he could. He couldn’t see anything. He ran with his hand out in front of him, at times touching the floor as well.

When he got to the bed, he ran his hand along the side of his bed. He grabbed the gun from underneath the bed and took the holster off.

He wanted to get to the bathroom passageway so he could put himself in between the person who had gotten in to the house and Reeva.

When he got just before the passage wall, he remembers slowing down because he was worried that this person may have already gotten in to the passage way in the time it took him to get from the amplifier to the bed. So he slowed down and he had his firearm in front of him.

Oscar then says just as I left my bed, I whispered for Reeva to get down and phone the police. When he entered the passageway to the bathroom, he became overcome with fear and just started screaming and shouting for the intruders to get out of his house.

passageway to bathroom

He shouted for Reeva to get on the floor, and also for her to call the police. He didn’t have his legs on and he was constantly aware that this person or these people could come after him.

Just before he got to the tiles at the beginning of the bathroom, he stopped shouting because he didn’t want the intruders to know where he was. He heard a door slam, which could only have been the toilet door. He couldn’t see in the bathroom, but he did hear the door slam which confirmed for him that somebody was in there.

He was certain at this point that the intruders were going to come out. He peered his way in to the bathroom at the entry point.

entry to tiled bathroom

His mobility is not as good on tiled surfaces. He kept his left arm behind him, his shoulder against the wall and his pistol raised. He was continuously watching the corner of the bathroom.

bathroom entry focus point

There was no light on in the bathroom. He could see that the window was open. His back was up against the wall at this point balancing himself, along the left hand side wall. He didn’t know where exactly the people were at this point. He peered around the corner to look toward the shower.

inside bathroom

He saw there was nobody in there. The toilet door was closed and the window was open. Once he saw that there wasn’t anybody in there he retreated a step or two back. He balanced against the wall.

He started screaming again at this point for Reeva to call the police. He wasn’t sure where to point the firearm. He had it pointed at the toilet but his eyes were going between the window and the toilet. He stood there for some time, not sure how long.

He didn’t know if somebody was going to come out of the toilet and attack him, or possibly somebody would come up a ladder outside and point a gun in the window and start shooting. So he stayed where he was and screamed some more. He then heard a noise in the toilet room. He perceived that somebody was coming out.

Before he knew it, he fired four shots at the door.

His ears were ringing and he couldn’t hear anything. He kept screaming for Reeva to call the police. He didn’t know if somebody was going to come in the window, he didn’t know if somebody was in the toilet.

At some point he walked back to the room. He couldn’t hear anything. He didn’t have a phone on him. He walked with his hand along the left side cupboards in the passageway. His pistol was still raised. He was still shouting for Reeva. At this point it hadn’t occurred to him that it could be Reeva. He still thought that there could possibly be intruders coming in.

At that point he made his way to the bed and got on top of it. He reached his hand over to the right side of the bed. He didn’t feel her there and he thought maybe she had gotten down on the floor.

At that point he started to think that maybe it was her in the toilet. He ran over to where the curtains are and ran his hand along them to see if she was hiding.

He couldn’t see much in the room but he could see where the passage was and he felt around and made his way back over to the passageway.

He still had his firearm in front of him. At this point he was mixed with emotions. He didn’t want to believe that it could be her inside of there. He still thought it could be an intruder.

He made his way in to the bathroom, grabbled the handle and tried to push the door in but it was locked. I’m not sure why he said push the door in because that door opens out.

He ran back to the room and opened the curtains and shouted for help from the balcony. He put his prosthetic legs on.

He ran back in to the bathroom and tried to kick the door but nothing happened. He was panicked at this point.

He ran back to the bedroom and got the cricket bat from the floor in front of the bedroom door. He was crying and screaming, crying out for Reeva, crying out for the Lord to help him. He says he doesn’t think he’s ever cried like that before.

He takes a very long pause here. Roux looks on concerned.

Roux watching intently

He ran straight back to the bathroom door. He put his gun down in the bathroom at this point. So he must have been carrying the cricket bat in one hand and the gun in the other hand. I don’t know why he wouldn’t have just left the gun on the bedroom floor when he grabbed the cricket bat. That seems odd to me.

Roux asks him if the light was on or off at this point. He doesn’t remember switching it on, he just remembers it being on when he kicked the door.

He started hitting the door, he thinks he hit it three times. The first swing hit the frame of the door and he got a shock in his hands. So he hit it again and a small piece opened. He then hit the door again and he ripped a big plank out and threw it out in to the bathroom.

He tried to grab the key to the door but it wasn’t there so he leaned over the partition and saw the key on the floor. He leaned in and grabbed it, he unlocked the door and threw it open.

He sat over Reeva and he cried. He doesn’t know how long he was there for. He then begins to sob loudly and says “she was everything”… As he’s sobbing loudly, court adjourns for the day.

30 comments on “Oscar Trial – Day 17, April 8 OSCAR

  1. David Hartopp
    May 9, 2014

    the 1.10pm whatsapp message from Reeva to Oscar on the 13th feb 2013 is most interesting and is NOT about a financial meeting. I strongly hold the view it is about Erectile Dysfunction after much thought and use of statement analysis.. The presence of a homeopathic treatment aimed at treating male sexual problems and other conditions in the bedroom appears to support this view.

    • juror13
      May 10, 2014

      Maybe the porn on the iPad was “prescribed” by his doctor 🙂 Anything is possible. One thing is for sure, if Oscar said it was a financial meeting, it probably was something else. I definitely think there is a whole lot to February 13th (both the day and the night) that we still don’t know and will never know.

  2. David Hartopp
    May 10, 2014

    to quote Oscars evidence in chief “Reeva was still awake”.

    It follows that for this to be stated it must mean Oscar cannot have gone to sleep.
    This short statement is in direct conflict with his “VERSION” of them both sleeping so cannot be part of his “VERSION”. Therefore the statement “Reeva was still awake (and by default -Oscar)” has to come from somewhere. It cannot be a separate false story/fabrication that is additionally in his mind and part of his thoughts so it has to be from memory and that the truth is that his “VERSION”, in which they both sleep, is a fabrication.
    everything said has an explanation…
    no mistakes, no didnt mean it or any other excuses…The truth was neither went to sleep.
    “REEVA WAS STILL AWAKE ” is from memory.

    there are 5 hours to account for, from 10pm to 3am, which are skipped by the false claim of sleeping that oscar does not want to talk about.

  3. David Hartopp
    May 11, 2014

    The two cups…one either side of the bed, As the issue of who was supposed to be on which side of the bed appears critical to Oscars fabrication , he was in a dilemma…while he knew what he drank, be it coffee or tea….he does not state as such for fear of tripping himself up…as he does not know what Reeva had and if he gave an answer it may trip himself up if the cup contents were analysed.

    Note though ..if it was dark and he goes to get or replace the holster…how can he avoid not knocking cups over or lamps etc…hence he places the gun under the bed in his fabricated account.
    I have shoulder issues and I can state that with a dodgy shoulder ,,he would not want to sleep on the side that was playing up…BUT ALSO IT WOULD BE UNCOMFORTABLE AND LIKELY TO AGGRAVATE THE SHOULDER CONDITION IF HE WERE REACHING FOR OR PLACING THE GUN UNDER THE BED…His condition would make such an activity very undesirable.In other words his condition would point to keeping his gun in the usual manner as stated by Samantha Taylor and that being on one of the bedside tables.So a gun under the bed would be even more unlikely than normal when he had no shoulder issues.

  4. Alfred99
    May 11, 2014

    Hi! I’ve read your blog now from the beginning and like it a lot, it’s laid out very clearly and logical – you percived a lot and I absolutly agree with your questions and conclusions.
    Since I didn’t watch all from the first day on, your blog with the detailed day-to-day was really helpful also for to look for single scenes.
    Just here, in the very last paragraph – I think there might be an acoustic misinterpretation – I heard – and I heard it a few times – when OP breaks down so theatrically he said: ‘she wasn’t breathing!!!!’.
    I love it how the judge jumps up instantly and adjourns the court. 🙂
    The might already have had enough of this histronics – like Mr. Nel said one time: ‘it’s not worth your while’.
    So now I’m going to read on your blog – and imho I hope he will get convicted.
    Greets, Alfred

  5. David Hartopp
    May 13, 2014

    with that WHATSAP message I referred to (the “console” one) being in my view about Oscar suffering Erectile Dysfunction, and the presence of a homeopathic “erectile dysfunction medication in his bedroom it all seems to tally with the diagnosis of generalised anxiety disorder as stated by the forensic psychiatrist.
    If my interpretation of the specific whatsapp message is correct then it raises the issue of why Reeva sent that message on the 13th febuary 2013. Was it something she had just found out about Oscar , hence its mention on that day, or was it something she had been aware of for a short while at least and that an episode of his sexual problem was experienced on the night of 12th/13th of febuary?

    What was Oscar’s real “full” response to that whatsapp message and its sensitive subject matter and how it effected his feelings?

  6. David Hartopp
    May 16, 2014

    Another problem with Oscar’s version is that he fails to account for the effect pitch black darkness would have on his already poor balance. Visual input plays a significant role in the human balance system. his already dodgy balance would have been massively compromised had he really been exposed to total darkness in his bedroom as he claims. Falling and potential dizziness and orientation issues would be expected and his balance would be compromised to such an extent that he could not fail to notice. His version is absent of all the raised difficulties which further expose his version to be false. Though he claims to use the passage walls and a wall in the bathroom for support…the support when it is most needed , ie in the bedroom, is not there. Also he does not use the wall it seems when claiming to run, when his balance would be under more strain than when going slowly.

    His version is false and also not credible or reliable.

  7. David Hartopp
    May 16, 2014

    ANOTHER SET OF PHYSICAL PROBLEMS WITH OSCARS VERSIONS
    considering how a toilet is central to the case, and there are some dubious claims about anxiety issues…lets see how things stand.

    note high anxiety is likely to cause bowel issues and loose bowels etc…but in his accounts Oscar makes no mention of going to empty his bowels on the day and night in question.
    ALSO AND MORE IMPORTANTLY…URINATION. Oscar makes no mention of going to urinate at any time in his accounts. While it may seem insignificant for the period of his account until 10.00pm, though it should be included. The bigger problem arises in the period following 10.00pm in which there is no mention of urinating or any opportunity to urinate in his account right through to he leaves the house in the morning escorted by the police at 8.00 am..THIS IS EXTRAORDINARY and highly unusual and has to bring doubt as to the accuracy of his account. What makes this even worse is that if indeed he had pressing anxiety issues one would expect him to have a raised need to urinate more frequently than for a normal person.

    Another issue, but a little less serious, is that he fails to mention any drinking after the cup of tea or coffee at about 8.00pm in his versions. This is also extraordinary and again questions the credibility of his accounts of the incident.

  8. joliepetite
    May 18, 2014

    Juror 13 – I’m not a very good Colombo but I’m trying. In your post of Day 27 of the trial, you included a link to an article of an interview with Cecil Myers. He says: Then Reeva sent the (SMS) message: ‘Hi guys, I’m too tired. It’s too far to drive. I’m sleeping at Oscar’s tonight. See you tomorrow.’

    “That was the last SMS from her phone, probably about ten, ten thirty – the time they usually SMS.”

    This looks like it was an impromptu decision but OP says that it was decided in the afternoon that she would stay the night. Also, they must have been getting on OK up to that time. Otherwise she would not have sent the message but gone back to Johannesburg – unless OP sent the message from her phone.

  9. joliepetite
    May 18, 2014

    Juror 13 – On 20 Jan 2013 she posts a photo of her hand with bracelet on her Twitter account: “I have two of my favourite people with me today! Have a blessed one all 🙂 http://instagr.am/p/UvCd4qwPaV/“. Of course we don’t know whether it is just a random gift.

    • juror13
      May 18, 2014

      According to OP’s testimony, he had bought a bracelet for Valentines Day but hadn’t given it to her yet. His entire explanation of the bracelet was nonsensical and in my opinion, totally made up on the fly. He may have been remembering that bracelet she already owned and used that as a basis for his lie. You can see him doing that quite a bit, weaving real life stuff in to his fiction.

  10. david w
    May 19, 2014

    If OP thought there could be more than one intruder why after he had shot the one in the toilet did he not check to see if anyone else was coming up the ladder to shoot him through the window, no where does he mention checking for additional intruders, why would you leave the bathroom with the window still open, go back to the bedroom with your back to the danger area, he stated that there was a possibility that someone could be on a ladder outside, the only reason he doesn’t check is he already knows who he has shot.

    • juror13
      May 19, 2014

      Like so many other aspects of his story, they all lead to road blocks. I think so many times in his life he has been able to say “oops, my mistake” and make up an excuse to brush off his bad deeds. Obviously with the murder of a person, it’s not quite that easy. On the surface, I think that he really truly believed the intruder story could be very viable for him but when you test it there are too many things that do not fit. For him to say that as soon as he reached the bed, it dawned on him that it could be Reeva in the bathroom is totally illogical and does not fit HIS own story.

  11. David Hartopp
    May 20, 2014

    5 feet tall with no stumps on.
    Checking the window for a ladder.
    When standing in front of, and near the door the window is only 2 feet approx to his left. One turn of his head to the left and OOPS NO LADDER, NO INTRUDER, OOPS WHAT A FAKE STORY.

    HIGH ANXIETY….window door window door window door, bang bang bang bang…..window door window door and still high anxiety and still a need to confront the window to lessen the anxiety so…so …so
    goes instantly from fight to flight mode and backs off.
    INCONSISTENCY and failure to maintain the anxiety by backing off proves any GAD claim is not applicable as it would not allow that change in a high anxiety state.

    Any crime or bad act leads to the guilty person to have another thing to be anxious about in being caught and facing consequences. peace of mind will not be found while this continues so anxiety is raised.
    so the more crime the more reasons to be anxious. So due to high anxiety levels should all persons with a history of offences be deemed to be non responsible due to the effects of their crimes on their own thinking…and anxiety…brought on by themselves.
    I SAY NO…it is invalid as any issues are of their own making so they are accountable for their own actions are responsible for their own anxiety and thinking…they made the choices.

  12. David Hartopp
    May 28, 2014

    EARLY EVENING WHAT HAPPENED -MY VIEW.
    —————–
    Special notes;
    1/ In testimony about eating Oscar let the truth slip out before changing to a lie with the bit…”I ate”—–“we ate. Like other bits of rapid correction such as dropping Reeva’s phone the truth appears first prior to immediate correction on his realisation of his mistake of letting the truth slip into the false version he really wanted to present to the court. Thus, it can be established they ate separately
    2/A sms text from Reeva to one of the Myers that evening made mention of her eating a microwave meal
    3/It was a planned murder with Oscar intent of having Reeva stay over so he could kill her in the early hours of Valentines Day.
    ————–
    So what really happened.

    1/ Reeva was still intending to go to Johannesburg when she arrived at Oscars just after 6.00pm. Not intending to stay long she left the Valentines present and card on a kitchen worktop ready for Oscar to open the next day as she intended to leave shortly.

    2/ Reeva had a microwave meal and was likely intending to leave immediately after this.

    3/ As Reeva was intending to leave shortly she would still have her day clothes on. The claim by Oscar about her wearing pyjama’s is a lie that intends to both imply a decision by Reeva to stay at Oscar’s overnight and to avoid giving an explanation about Reeva’s jeans being either those in the bedroom or those found outside in the garden.

    4/ Oscar sought to wipe incriminating internet history off his ipad on arrival home and spent some time on the ipad but did not shower or bath as the claimed in testimony. It is not something he could have been confused over, so it stands as both claims are false.

    5/ As it became apparent to Oscar that Reeva was still intending to leave soon after his arrival at his house he sought to manipulate and persuade with various tactics to try and ensure she stayed the night. This probably included getting her to prepare and cook him a stir fry meal which he ate but she did not. Also he likely insisted on checking over her new agency contract purely to delay her leaving with a hope she would change her mind and stay if it was getting too late for reasonably travel to Johannesburg.

  13. joliepetite
    June 4, 2014

    I find it strange that Reeva intended giving a speech on 14 Feb but there is no mention of them speaking about it on the evening of 13 Feb. She must have been excited and anxious so surely she would have asked OP to read it and even listen to her practice. I wonder if OP was going through the speech rather than her new modelling contract as he testified. I also wonder if he tried to dissuade her from giving the speech and that escalated into the murder. After all, it seems that he was in confidential negotiations to arrive at a settlement with Cassidy Memmory-Taylor at that time and the case was going to court on 20 Feb 2013. He must have been very worried about the damage to his brand and reputation that would cause. His girlfriend gives a speech about abusive relationships and a week later he is in court charged with assaulting a woman. His financial situation seems to have been blossoming so maybe the meeting he said he had with his financial advisor on the morning of 13 Feb was really with his lawyer to discuss the case and the outcome of that meeting was the reason for the message from Reeva about the “hurdle” and needing to be “consoled”.

    It says in the article that Cassidy-Memmory Taylor wanted a public apology. From what we know of his personality he would never have done that.

    http://mg.co.za/article/2013-02-01-00-prior-assault-claim-stalks-oscar-pistorius

  14. David Hartopp
    June 5, 2014

    The critical “console” whatsapp message is specifically about a male problem that OP has that effects the both of them. Reeva was careful not to name the problem directly due to its sensitivity to him.
    Remember him mentioning in evidence about trying to get needles from his dentist. The “testis compositum” he had was in ampoules for injection into a specific part of his body he wanted to treat.

    Careful statement analysis of the whatsapp message is critical to correctly understanding what it was about and speculative guesswork as to all sorts of other theories which are not supported by the nature and specific words used by the writer will not fit when analysed in depth.

    IT SHOULD BE NOTED that very shortly after getting this message from Reeva that OP began changing his plans and seeking to change hers for that evening/night so he could be at home with her that evening and night.

  15. Daily Optic
    June 11, 2014

    Oscar and Samantha in the Seychelles (TV spot): http://m.youtube.com/watch?v=b4GYXxz1b58

    • juror13
      June 12, 2014

      I saw this video a few months ago right as the trial started and it just kind of struck me that OP and ST seemed really disconnected. They never touched, never put an arm around each other… and I know this is going to seem really silly (but just something that stood out to me) was when the guy makes the hat and there is only one, instead of OP offering for ST to take it, they did rock/paper/scissors to fight over it.

      Now in the grand scheme of things, does this video mean anything? Of course not. I just got that impression that this was Oscar’s video and ST was a tag along. And of course, a week or so later they were broken up.

  16. Daily Optic
    June 11, 2014

    David, I agree with 90% of what you say, especially about the door, but “erectile dysfunction” doesn’t fly with me. He may have such a problem, but I don’t think that’s what her “consoling” text msg was about. Just doesn’t fit. I don’t think it was the issue that evening. I think the issue was that they were both stressed, he with the bad news he’d received that day, she with a speech she needed the write before morning, and he minimised her needs, thought she was putting herself in a superior position because she didn’t want to see him that evening. His was an extreme reaction, for sure, but i think that would have been enough to spark it if he was already stressed. None of the words in her txt msg sound like she’s consoling him for erectile dysfunction.

  17. Daily Optic
    June 11, 2014

    Reeva’s text message:

    It’s a difficult a thing to try and console you on because it’s a sh***y thing and you’re a nice guy. I guess these things happen and we can just hope they work out for the best. You are an amazing person with so many blessings and you are more than cared for. Your health and future monetary blessings far outweigh this hurdle. I can promise you that.”

    In her subsequent messages she says, basically, she’s busy, plans to go home by 6pm and maybe he ought to spend some time with his friends and family. That’s not, I’m sure, how she would handle a conversation about erectile dysfunction.

    • juror13
      June 12, 2014

      I’m in agreement. I don’t believe the issue was about ED.

  18. David Hartopp
    June 12, 2014

    OP did not want to talk about his problem of erectile dysfunction with Reeva , hence the short reply he sent her in response to that console message. ie …that line of conversation was ended pronto by OP.
    It was such a sensitive issue it was not named though clearly he understood the message and she knew what she was referring to.

    it clearly was a “male” problem of his as evidenced by her use of “its a shitty thing and your a nice guy”. Also we know that this male problem he has affects them as a couple. She tries to downplay things by throwing up positive optismistic points.

    At the same time though his problem may not be resolvable and the use of “this hurdle” shows the problem to be pre-existing for him (and them) and that it was not a one off issue but a continuing one.
    In all this , there is no attachment of blame for the problem he has. No blaming of others etc and the comment “these things happen” shows this. NOTE THOUGH…she refers to the problem as just “these things” and will not name it due to its sensitivity. She is careful not to be critical of him…

    As it was a planned murder with OP being pro-active in this from the sending of that text, one must consider what his mindset was and that he could have apportioned blame for his “problem” partly or fully upon Reeva..

  19. David Hartopp
    June 14, 2014

    Reeva’s text message:
    It’s a difficult a thing to try and console you on because it’s a sh***y thing and you’re a nice guy. I guess these things happen and we can just hope they work out for the best. You are an amazing person with so many blessings and you are more than cared for. Your health and future monetary blessings far outweigh this hurdle. I can promise you that.”

    In regards to the issue being spoken of in the message , it can be established that it was unresolved and was likely to remain unresolved in her view and possibly his.That Reeva uses the word “outweigh” in regards to the issue shows it as being a negative issue and in her view it is more than compensated for by positive things in OP’s life. This use of outweigh by Reeva shows this issue is, in her mind, something that is likely to be present in the future.

    It is not a direct health or financial issue as that is established by her use of the subjects in her outweigh argument though health in this case must mean general health rather than specific medical issues such as his leg disabilities. Likewise she may not see an erectile dysfunction issue as being a health issue though it is still, or could be a medical issue.

    There is nothing to exclude Erectile Dysfunction as being the issue involved. However in many cases Erectile Dysfunction can be treated and the problems overcome so it does raise the issue of why the problem is being viewed as unresolved and not appearing to be resolvable in the future in Reeva’s mind (and possibly OP’s mind.

    For appropriate diagnosis to establish possible or actual cause or causes of the condition and for treatment to take place then OP would need to see his doctor about this. Without this course of action then the issue would likely be unresolved and remain so and remain part of future thinking.

    It appears to be the case that OP has not seen his doctor about this issue and had chosen to self medicate with a quack homeopathic type treatment called TESTIS COMPOSITUM. which very likely failed to give the desired results hoped for by OP.One can assume he would not go to his doctors for a supply of needles for injecting this questionable medication as his doctor may have enquired as to what he needed the needles for.It seems he viewed his dentist for a supply of needles as less questions would be likely be asked by such a person as compared to his own doctor.

    Reeva ends her message with use of the word “PROMISE” which is a very strong thing to state. It is likely she is of the view that OP would not easily believe her downplaying of her claims about the issue and hence she felt a need to put it as strongly as she could to counter the view OP held so strongly sensitive about.

  20. Jude
    June 17, 2014

    I thought it might be to do with his brother being charged with vehicular homicide. That happened around the same time
    http://www.theguardian.com/sport/2013/feb/24/oscar-pistorius-brother-homicide-trial
    That would not have done OP’s “brand” much good, and it explains why she thought he would want to be with family that night.

  21. Therese
    August 20, 2014

    A massive thank you to Juror13 for the time and effort put into this excellent resource.

    I have a concern re the jeans and the LED light. From the evidence, it is unclear whether he actually put the jeans over the LED light. It seems that he was about to, but the noise from the bathroom interrupted him (and he then says that he froze). If he did not actually cover the LED light with the jeans, this is very bad for his version as this would mean that the light would still be shining in the direction of the bed, and so, he should have been able to see that Reeva was not in the bed. He would have had to turn to directly face the bed to go back in order to get the gun.

    In any event, the jeans were found on the floor, and I don’t think an explanation has been given for how they ended up there, if Oscar actually managed to cover the LED light before he heard the noise.

    • juror13
      August 21, 2014

      Thank you 🙂 On his story, he was not able to cover the light, he put the jeans back down on the ground before going to get his gun. So yes, the blue light would be shining.

      When Nel asked him why Reeva’s jeans were on the ground in the first place, OP claimed he didn’t know.

  22. TarryA
    September 10, 2014

    So OP removed his grey shirt before he got into bed but Hilton Botha found him wearing a blood soaked shirt.. When did he put the shirt back on??

  23. linda
    November 3, 2014

    I noticed while reading this that what has been quoted as Oscar saying when he testified about sitting over her and crying and then saying ‘she was everything’ .. that is incorrect, he didn’t say that, he said ‘she wasn’t breathing’ .. I wonder if you could amend your text to reflect this because I think it’s an important part of his testimony, especially considering that he later goes on to say that he hears her breathing, and which suggests he isn’t being truthful in his account.

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