South African Prosecutors To Appeal Conviction Of Lesser Charge Of Manslaughter Over Reeva Steenkamp Death.


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Oscar Pistorius trial: South African prosecutors announce decision to appeal verdict and sentence of disgraced Paralympian

 

From The Independent UK:

 

South Africa’s National Prosecuting Authority has announced it will appeal both the verdict and sentence handed down to Oscar Pistorius.

 

They will seek to have the culpable homicide verdict overturned, and replaced with a conviction for second degree murder, which would come with a mandatory minimum jail term of fifteen years.

 

South African authorities were furious with Judge Masipa’s verdict, which they have suggested was an incorrect application of the law.

 

In the next few days the NPA will submit papers to Judge Masipa, asking for “leave to appeal” her judgement and sentence. She must then decide whether it would be possible for another judge to reach a different conclusion, based on the evidence put before her.

 

“Today we announce that the decision to appeal both the conviction and sentence has been taken,” the NPA said in a statement.

 

“The appeal on conviction is based on the question of law.

 

“The merits, demerits of the NPA’s argument in this regard will become evident when we file papers for leave to appeal.

 

“The prosecutors are now preparing the necessary papers in order to be able to file within the next few days.”

 

Ever since the verdict more than a month ago, the NPA’s has publicly stated it would have the “appetite” for an appeal.

 

Oscar Pistorius Trial Evidence

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The athlete was found guilty of culpable homicide for the killing of his girlfriend Reeva Steenkamp, and sentenced to five years in prison

The athlete was found guilty of culpable homicide for the killing of his girlfriend Reeva Steenkamp, and sentenced to five years in prison

By firing four shots into a tiny room in which he knew there was a person, it will be the NPA’s case that Pistorius would have foreseen the person in there would be killed. It was Judge Masipa’s conclusion that the athlete should have foreseen that his actions would kill, but that he did not foresee it.

 

If leave to appeal is granted, the appeal will take the form of legal argument, and whether Judge Masipa was correct in her application of the law. It is unlikely in its initial stages to involve fresh witness testimony, or for Oscar Pistorius to return to court.

 

If Judge Masipa rejects the application for leave to appeal, the NPA can turn to South Africa’s Supreme Court.

The National Prosecuting Authoriy confirmed it had an 'appetite' to appeal Judge Masipa's, pictured, decision

The National Prosecuting Authoriy confirmed it had an ‘appetite’ to appeal Judge Masipa’s, pictured, decision

Thank you The Independent UK

 

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Could Oscar Pistorius face ANOTHER murder trial? South African prosecutors ‘to appeal conviction of lesser charge of manslaughter over Reeva Steenkamp death’

From The Daily Mail UK & By Jane Flanagan In Cape Town for MailOnline

 

 

  • Prosecutors have met with a criminal law expert to discuss an appeal
  • Oscar Pistorius was give a five-year prison sentence on Tuesday 
  • If found guilty of murder, he would face a minimum of 15 years in prison 

 

Oscar Pistorius could face another murder trial after South African authorities admitted they had ‘an appetite’ to challenge his conviction on a lesser charge.

Prosecutor Gerrie Nel is holding urgent meetings with the country’s most senior legal experts to seek support of a possible appeal.

Professor James Grant, who was one of the first to be consulted, is urging Mr Nel, to have Pistorius’ case looked at again and offering support to make the case for a murder conviction.

Oscar Pistorius was handed sentenced to five years in prison for the shooting of girlfriend Reeva Steenkamp

Pistorius leaves court and heads to prison after receiving five year sentence for killing Steenkamp

Pistorius leaves court and heads to prison after receiving five year sentence for killing Steenkamp

‘We desperately need another look at this case – there should be an appeal and I have agreed to assist with it, ‘ Professor Grant said.

The disabled sprinter is just three days into a five year jail sentence for the culpable homicide – or manslaughter – of Reeva Steenkamp.

Under sentencing guidelines, the 27 year old could spend just ten months behind bars and be allowed to serve the remainder of his sentence under house arrest.

 

Today, the National Prosecuting Authoriy confirmed it now had an ‘appetite’ to appeal Judge Thokozile Masipa’s decision.

‘We have always stated first and foremost that we disappointed with the conviction,’ spokesman Nathi Mncube said.

‘There is an appetite to appeal, and we have 14 days to consider the law and ensure the facts and the law allow us to appeal,’

In order for the verdict in Pistorius' case to be challenged, the earlier case would also have to be appealed. Above, the athlete holds the hands of family members as he leaves court following his sentencing.

In order for the verdict in Pistorius’ case to be challenged, the earlier case would also have to be appealed. Above, the athlete holds the hands of family members as he leaves court following his sentencing.

Professor Grant said he thought an appeal was now ‘more likely than not’, but it would not be straightforward.

The high profile nature of the Blade Runner’s trial had raised questionable legal precedents that academics argued against for years, he added.

A ruling on a case heard before South Africa’s Supreme Court of Appeal more than 30 years ago set a precedent that now limits the state’s right of appeal.

In order for the verdict in Pistorius’ case to be challenged, the earlier case would also have to be appealed.

There was widespread criticism of Judge Masipa’s acquittal of Pistorius on a murder charge last month – including by Professor Grant, who said it highlighted the illogicality in the interpretation of criminal negligence and criminal intent in key cases on which the judge based her ruling.

In her judgment explaining why she could only convict him on culpable homicide, or manslaughter, the 67 year-old judge acknowledged that a ‘reasonable’ person with Pistorius’s disabilities would have foreseen that shooting into the door may have killed the person inside.

“We have always stated first and foremost that we disappointed with the conviction. There is an appetite to appeal, and we have 14 days to consider the law and ensure the facts and the law allow us to appeal.” Nathi Mncube, spokesman for the National Prosectuting Authority

However, she said South African legal precedents warned against automatically assuming that because a perpetrator ‘should have’ foreseen the consequences of his actions that he actually did.

She said that the prosecution had failed to prove beyond reasonable doubt that the double amputee foresaw the fatal consequences of his actions when he shot at the door, meaning she could not convict him on a murder charge.

‘These issues have demanded attention for decades, and now thanks to the Pistorius trial, they have been brought to the attention of a lot of people.

‘Resolving these issues will benefit everybody – no matter how much they have paid for their legal teams.’

Pistorius’ lawyers were due to visit him today at Kgosi Mampuru jail to ensure he is getting all the medical support – for his disability and his fragile mental health – that he needs.

With the state looking increasingly like they are not prepared to let Judge Masipa’s verdict lie, the disgraced athlete will come under pressure to build a fresh ‘war chest’ for the legal battles ahead.

The National Prosecuting Authoriy confirmed it had an 'appetite' to appeal Judge Masipa's, pictured, decision

The National Prosecuting Authoriy confirmed it had an ‘appetite’ to appeal Judge Masipa’s, pictured, decision

At his sentencing hearing, his lawyer, Barry Roux, told the court that his ‘broke’ client was already struggling to pay legal fees incurred since the Valentine’s Day shooting of Miss Steenkamp, 29.

It would take at least a year for any appeal in his case to reach a higher court, Professor Grant said.

The national prosecuting authority have until Monday 3 November to make their final decision.

Pistorius’ team could also appeal his conviction or sentence, but Arnold Pistorius, the track star’s uncle, told reporters that his nephew was embracing his period in jail as an opportunity to ‘pay back to society’.

Oscar Pistorius’ pathetic display at his own trial is sickening

 

#Oscar Pistorius Murder Charges

 

The “Blade Runner”, Oscar Pistorius, Is Charged With Murder

 
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The Last 24™


 

Mr. MilitantNegro™

Mr. MilitantNegro™

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First Lady Michelle Obama Host A Fashion Education Workshop at the White House.

 

 

The workshop was to connect students with leading fashion professionals to show what to take to succeed in the fashion industry.

 

Remarks by the First Lady at Fashion Education Workshop

 

 

Fashion Education Workshop Slideshow

 

Among those attending were young fashion design students and such fashion design/stylist icons as Naeem KhanEdward Wilkerson, Thom BrownePhillip LimJason Wu, Mary Alice Stephenson and Editor-in-Chief of Vogue magazineAnna Wintour.

 

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First Lady Michelle Obama also spent time visiting the “Wearable Technology” workshop. Wearable technology is the integration of technology with fashion, like boots that charges cellphone, bras that detect cancer, compression shirts that monitor and record your heart rate, breathing rate and body temperature.

 

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The first lady also found time to support Wendy Davis Of Texas.

 

 

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President Obama Meets with the Pentagon About ISIL

 

Secretary of Defense Chuck Hagel, President Obama and Chairman of the Joint Chiefs of Staff General Martin Dempsey,  met with Military Senior Leadership at the Pentagon on October 8, 2014 in Arlington, Virginia. The President met with the military leaders for an update on the battle against ISIS.

 

 

The President met with and shook hands with military service members prior to a meeting with military senior leadership at the Pentagon. The President also participated in a conference call with state and local officials to discuss the Administration’s domestic preparedness response to the Ebola epidemic in West Africa, at the White House on October 8.

 

 

President Obama at the Pentagon, Arlington, Virginia.

 

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President Obama Provides an Update on the Ebola Outbreak

 

October 06, 2014 | 9:33 | Public Domain

On October 6, 2014, President Obama was briefed on the Ebola outbreak in the U.S. and abroad, and provided an update on the U.S. preparedness and response to the epidemic.

 

 

Remarks by the President in Conference Call with State and Local Officials on Ebola

 

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Statements and Releases/Speeches and Remarks

 

Readout of the President’s Phone Call with President Santos of Colombia

 

Statement by the Press Secretary on the Canadian Decision to Authorize Military Force Against ISIL

 

FACT SHEET: The U.S. Response to the Ebola Epidemic in West Africa

 

 

White House Press Briefing

 

October 08, 2014 | 01:08:20 | Public Domain

White House Press Briefings are conducted most weekdays from the James S. Brady Press Briefing Room in the West Wing.

 

 

 

The White House Blog Updates:

 

Empowering Our Young People, and Stemming the Collateral Damage of Incarceration

 

Five U.S. Airports Are Enacting New Screening Measures to Protect Against Ebola

 

Preparing America’s Hospitals, Health Care Facilities, and Health Care Providers for Ebola

 

In Case You Missed It: Why We Can — and Will — Stop Ebola in the U.S.

 

U.S. Fuel Economy Reaches All-Time High

 

Vice President Biden: No One Who Works 40 Hours a Week Should Live in Poverty

 

The American Dream Needs a Fair Minimum Wage

 

Vice President Biden at the Reopening of Joplin High School: “We Never Stop. And We Always Rebuild.”

 

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It's Raining Videos™

It’s Raining Videos™

Secretary Kerry Delivers Remarks With Vice President Biden and Indian Prime Minister Modi

 

Published on Oct 8, 2014

U.S. Secretary of State John Kerry delivers remarks with Vice President Biden and Indian Prime Minister Modi at a Luncheon at the U.S. Department of State in Washington, D.C. on September 30, 2014. A text transcript can be found at: http://www.state.gov/secretary/remark

 

 

 

Pastor: Family devastated by Ebola death

 

Published on Oct 8, 2014

Pastor George Mason of Wilshire Baptist Church in Dallas talks to Anderson Cooper about the death of Thomas Eric Duncan.

 

 

Even with combating The Ebola Virus, skin color plays a part in who survives and who dies. Remember the two caucasian Ebola medical personal who returned to America and were given the experimental drug….and lived/recovered? Why was Mr. Thomas Eric Duncan NOT given the same treatment? Skin color is why.

 

 

Chinese company snathces up NYC’s iconic Waldorf-Astoria hotel

 

Published on Oct 8, 2014

In a record-breaking sale, a Chinese insurance giant is buying New York City’s iconic Waldorf-Astoria hotel for nearly $2 billion. The purchase comes as China remains the leading foreign buyer of US properties, and what some experts call the largest transfer of wealth in history, with centuries of accumulated American capital being scooped up by Chinese investors. RT’s Marina Portnaya takes a closer look.

 

 

Notice that China owns a lot of property and “things” in America, but America owns jack shit in China?

 

 

Immigrant military veterans fight deportation after discharge

 

 

 

Supreme Court reignites same-sex marriage as campaign issue

 

 

 

Liberals Too Tolerant of Islam? Ben Affleck, Bill Maher, Sam Harris, Nicholas Kristoff Debate

 

 

 

Ebola battle through nurse’s eyes

 

 

 

Demanding Justice for John Crawford (w/ Malaya Davis)

 

 

 

NOW for the days “feel good” video: Open Carry Enthusiast Has Gun Stolen in Robbery at Gunpoint

 

Published on Oct 8, 2014

An Open Carry gun enthusiast has his gun stolen by gunpoint by a man who saw and “liked” his pistol…

 

 

Every now and again…..Karma just shows up and makes you bust the fuck out laughing.

 

The Twitter Storm™

The Twitter Storm™

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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The Twitter Storm™


 

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The MilitantNegro™ SoapBox: Dumbfuckery; The NFL & Roger Goodell Are Under Investigation.


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I told myself I was finished writing about Ray & Janey Rice. Watching Deion Sanders talk down and bad about Ray Rice almost made me laugh but instead I decided to write this post.

 

The new bandwagon everybody is now leaping onto is this investigation into NFL commissioner Roger Goodell, and whether Goodell should resign his position as NFL commissioner. My questions is this…why should NFL commissioner Goodell do a damn thing? Who did Goodell punch? Whom did Roger Goodell assault?

 

Was NFL commissioner Roger Goodell in the elevator? Did Goodell drag Janey Rice from that elevator? Did I miss Goodell punching Ms. Rice?

 

Many disagree with this statement I’m about to make but it’s a fact…..Ray Rice was indicted on March 27th. Ray Rice and Janey Palmer were married on March 28th. Now if they moved on and past Ray knocking her the fuck out in that elevator, and the assault charges were dropped…..and Ray lost his NFL football job and has since been suspended indefinitely….what would YOU like to have happen to Ray, his wife Janey and their daughter?

 

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Here’s the thing folks…you can’t take out all your anger, hatred and emotion at all the domestic violence that this planet contains, on Ray & Janey Rice. Which is exactly what the majority of humanity is doing right now. Ray has been punished to the 9th degree for his punching out his fiancée, double punished in fact. Ray lost two games from the NFL upon his being charged with aggravated assault. Then with the release of the actual punching video, he was fired from the Ravens of Baltimore and suspended indefinitely from all NFL activity.

 

In contrast, and just ponder this for a moment, George Zimmerman killed Trayvon Martin as did Darren Wilson kill Michael Brown, and neither man has suffered the attention nor anger that Ray Rice is now suffering. Neither man who killed Trayvon Martin and Michael Brown have ever had an investigation screamed for in the manner people are demanding an investigation into NFL commissioner Roger Goodell.

 

Miriam Carey, remember her, the young Black woman gunned down in Washington, D.C. by Capital Hill police, with her baby in the backseat, for ramming her car into a White House barrier….remember the screaming for an investigation into her senseless murder? No you don’t remember that because there was no demand for an investigation. NOBODY screamed for Miriam Carey.

 

Need I bring up the brutal beating of 51-year-old Marlene Mardella Pinnock,, by California Highway Patrolman Daniel L. Andrew, who is now on desk duty (administrative leave with pay)? If you think a single punch to the face of Janey Rice is reason to demand an investigation into NFL commissioner Goodell, who was NOT present during that domestic violence…what say YOU about this…..

 

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How many of you screaming for an investigation into the NFL and NFL commissioner Goodell actually demanded the California Highway Patrol commander resign HIS job?

 

I am muthafuckin sick of real serious violence being ignored when it comes to the average American citizen, but everybody and his/her momma is calling for the lynching of Ray Rice and NFL commissioner Roger Goodell. The NFL nor Roger Goodell are required by law or morality to do a damn thing about Ray & Janey Rice airing their nasty dirty personal laundry in a public casino elevator.

 

The NFL handed down what they considered to be proper punishment before this latest video mysteriously appeared. AFTER the new video was made public, Ray Rice received double jeopardy and was fired from his employment, and suspended from the NFL indefinitely

 

He was sentenced to community service, anger management and domestic violence intervention. Kindly explain what else you folks would have happen to Ray & Janey Rice and their daughter.

 

I do not know the Rice family. I do wish them the best of luck and my blessings to get their family life and their marriage in order and have the best of luck here forward.

 

 

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Ray & Janey Rice, along with their daughter, will need all the best wishes, blessings and good luck they can get.

 

NO PAID LEAVE FOR MURDER

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The White House Observes A Moment Of Silence Marking The 9/11 13th Anniversary. President Obama Speaks At The September 11th Observance Ceremony.


9-11 Tribute In Light Memorial

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Remarks by the President at 9/11 Memorial

The Pentagon

9:45 A.M. EDT

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The White House Observes a Moment of Silence to Mark the 13th Anniversary of the 9/11 Attacks

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President Obama Speaks at the September 11th Observance Ceremony

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Remarks by the President at 9/11 Memorial

The Pentagon

9:45 A.M. EDT

PRESIDENT OBAMA: Good morning. Scripture tells us, “We count as blessed those who have persevered.”

Secretary Hagel, General Dempsey, members of our Armed Forces, and, most of all, the survivors of that September day and the families of those we lost –- Michelle and I are humbled to be with you once again.

It has now been 13 years. Thirteen years since the peace of an American morning was broken. Thirteen years since nearly 3,000 beautiful lives were taken from us, including 125 men and women serving here at the Pentagon. Thirteen years of moments they would have shared with us. Thirteen years of memories they would have made.

Here, once more, we pray for the souls of those we remember, for you, their families, who love them forever, and for a nation that has been inspired by your example — your determination to carry on, your resolve to live lives worthy of their memories.

As Americans, we draw strength from you. For your love is the ultimate rebuke to the hatred of those who attacked us that bright, blue morning. They sought to do more than bring down buildings or murder our people. They sought to break our spirit and to prove to the world that their power to destroy was greater than our power to persevere and to build. But you, and America, proved them wrong.

America endures in the strength of your families who, through your anguish, kept living. You have kept alive a love that no act of terror can ever extinguish. You, their sons and daughters, are growing into extraordinary young men and women they knew you could be. By your shining example, your families have turned this day into something that those who attacked us could never abide, and that is a tribute of hope over fear, and love over hate.

America endures in the tenacity of our survivors. After grievous wounds, you learned to walk again and stand again. After terrible burns, you smiled once more. For you, for our nation, these have been difficult years. But by your presence here today, in the lives of service that you have led, you embody the truth that no matter what comes our way, America will always come out stronger.

America endures in the dedication of those who keep us safe. The firefighter, the officer, the EMT who carries the memory of a fallen partner as they report to work each and every day, prepared to make the same sacrifice for us all. Because of these men and women, Americans now work in a gleaming Freedom Tower. We visit our great cities, we fill our stadiums and cheer for our teams. We carry on, because, as Americans, we do not give in to fear — ever.

America endures in the courage of the men and women who serve under our flag. Over more than a decade of war, this 9/11 Generation has answered our country’s call, and three months from now, our combat mission in Afghanistan will come to an end. Today, we honor all who have made the ultimate sacrifice these 13 years, more than 6,800 American patriots. And we give thanks to those who serve in harm’s way to keep our country safe and meet the threats of our time.

America endures in that perennial optimism that defines us as a people. Beginning tomorrow, there will be teenagers –- young adults –- who were born after 9/11. It’s remarkable. And while these young Americans did not know the horrors of that day, their lives have been shaped by all the days since — a time that has brought us pain, but also taught us endurance and strength; a time of rebuilding, of resilience, and of renewal. What gives us hope –- what gives me hope -– is that it is these young Americans who will shape all the days to come.

Thirteen years after small and hateful minds conspired to break us, America stands tall and America stands proud. And guided by the values that sustain us, we will only grow stronger. Generations from now, Americans will still fill our parks, our stadiums, our cities. Generations from now, Americans will still build towers that reach toward the heavens; still serve in embassies that stand for freedom around the world; still wear the uniform and give meaning to those words written two centuries ago: Land of the free. Home of the Brave. Generations from now, no matter the trial, no matter the challenge, America will always be America.

“We count as blessed those who have persevered.”

May God bless your families, who continue to inspire us all. May God bless our Armed Forces and all who serve to keep us safe. And may God continue to bless the United States of America.
END
9:52 A.M. EDT

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Memorial Museum Dedication Ceremony 9/11. We Remember

Published on May 15, 2014

The brand new Sept. 11 museum opened Thursday, May 15th, 2014 and was praised as “a sacred place of healing and of hope” that captures both the story and the spirit of heroism and helpfulness that followed the attacks. This is a video slide show of the dedication ceremony.

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