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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Rashad Robinson, ColorOfChange.org: #Ferguson Says “Shut It Down For #MikeBrown!”


itisme

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The tragic police killing of 18-year-old Mike Brown hit home for millions across the country. The horror of losing a loved one, to senseless, racially-motivated police violence is a daily threat in the lives of Black people in America. In a time when law enforcement kill Black Americans at nearly the same rate as Jim Crow era lynchings,1 discriminatory and violent policing is a national crisis.

 

National leaders are paying more attention to racial profiling and police brutality than they have in years, due to the hard work of Black youth and community leaders in Ferguson and across the country.2 In order to capture the momentum of this moment and secure long-term, systemic reforms that transform policing nationwide, we need the federal government to intervene and set a higher standard of policing.

 

Demand a strong and enforceable federal prohibition on police brutality, a nationwide investigation into police violence in every state, and defunding of federal grants that incentivize abusive and militarized policing.

 

While we continue to fight for justice for Mike Brown, Eric Garner, Ramarley Graham and so many others whose lives have been taken at the hands of racially-motivated and violent local law enforcement, the federal government has a clear role to play in overturning the conditions that led to these tragedies, and setting a higher standard of policing across the country.In key ways, the standards, policies, and practices of the executive branch set the tone and tactics of local and state law enforcement.

 

For decades, our communities have worked tirelessly to combat the wholesale criminalization of Black Americans and the unimaginable police violence that threatens our children, parents, and friends every day. A walk to the store or drive to the mall have long held the risk of an unwarranted search, false arrest, or death. But we are in a historic time and how we capture this time will impact generations to come — the kind of world our children live in, the types of freedoms they have to fight for.

 

With Attorney General Eric Holder’s resignation approaching, now is the time to push the Department of Justice to do much more.5Widespread public pressure can keep this issue at the top of the administration’s agenda, and push them to move forward before this major change in DOJ leadership. Next week, community members in Ferguson are organizing a Weekend of Resistance to build momentum for a nationwide movement to end police brutality.6 We need your support to move federal officials beyond symbolic actions to systemic reforms that protect the civil and human rights of all communities.

 

Join us in calling on the Obama administration, DOJ, and other federal agencies to take immediate action to strengthen police accountability and end discriminatory policing.

 

Thanks and Peace,

 

— Rashad, Matt, Arisha, Lyla, Jamar and the rest of the ColorOfChange.org team
October 18th, 2014

 

Help support our work. ColorOfChange.org is powered by YOU—your energy and dollars. We take no money from lobbyists or large corporations that don’t share our values, and our tiny staff ensures your contributions go a long way.

 

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GoFundMe Says: “Support Officer Darren Wilson.” Sign This Petition Please…Stop GoFundMe from Funding Hate/Racism.


Mr. MilitantNegro™

Mr. MilitantNegro™

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The online fundraising platform GoFundMe is profiting off racially-motivated donors, some of whom are celebrating the police killing of Michael Brown.

 

Join our campaign demanding that GoFundMe return these profits and take down the Darren Wilson fundraising pages. It only takes a moment.

 

In the aftermath of Michael Brown’s death, a fundraising effort was started to support Darren Wilson, the officer responsible for killing the unarmed Black teenager.

 

Over $433,000 has been raised, and GoFundMe takes 5% of every donation processed. This means the company has made more than $21,000.

 

Take a look at some of the donor comments below. (1) They will make your blood boil.

 

“Waste of good ammo. It’s my privilege to buy you a replacement box.”

 

“I thank all Police…protecting normal Americans from aggressive and entitled primitive savages.”

 

“Black people can be their own enemy and I am not white…He was shot 6 times cause the giant wouldn’t stop or die. Evil people don’t die quick”

 

“Let this ‘GoFundMe’ serve as an example to all cops in America: The general public will support you, especially if you pull the trigger on violent criminal thugs.”

 

That last comment is chilling, and not just because it indicts and criminalizes Black youth like Michael Brown. But because it lowers the social and financial costs of killing Black men and boys. That’s the most insidious impact of this fundraiser. It sends the message that you will be supported in the aftermath of taking Black life.

 

We’ve seen this before. Racist right-wingers flocked to George Zimmerman’s defense in the aftermath of the Trayvon Martin murder, creating a climate of sympathy for perpetrators of violence against Black teens.

 

GoFundMe is the world’s #1 personal fundraising site and if we can push them to take a stand against the Darren Wilson fundraisers, it will send a strong signal. That it’s not okay to fundraise on behalf of the shooter in the aftermath of a police killing. That it won’t be tolerated, at least not on the largest and most popular platforms.

 

Add your name.

 

After a public outcry on Twitter, GoFundMe has taken down the hateful comments listed above, but the fundraising campaign is still up.

 

The thing is: simply hiding the comments is not enough. In fact, it may even do more harm because it hides the real motivations behind this type of fundraising drive.

 

Since we’ve started this accountability campaign, GoFundMe has felt the pressure, responding to us and publicly changing its terms of services. But it’s not enough.

 

Profiting off the killing of Michael Brown is not okay. Profiting off racially-motivated donors is not okay. Disturbing fundraising efforts like these have no place on the world’s most popular crowdfunding platform.

 

Right now, as we head into a Weekend of Resistance in Ferguson, we can pressure GoFundMe to end the Darren Wilson fundraising drive.

 

Tell GoFundMe: Don’t profit from donations to Darren Wilson, and take down the fundraising pages immediately.

 

Thanks and peace,

–Arisha, Rashad, Matt, and Bhavik for the ColorOfChange team

 

GoFundMe: Stop profiting from racially-motivated donors, celebrating Michael Brown’s death

 

*UPDATE* – The Darren Wilson GoFundMe pages have raised over $433K for the officer responsible for killing Michael Brown. Help us reach 434,000 strong against them: one signer for every dollar they’ve raised. We’re already at 115,000 signatures and growing.

*UPDATE 2* – A Darren Wilson supporter has taken down the first page, but GoFundMe refuses to take down the second page and strengthen its use policy so that future Darren Wilsons can’t profit hundreds of thousands of dollars on their platform in the aftermath of taking Black Life.

*UPDATE 3* – Instead of taking down the Darren Wilson fundraising pages, GoFundMe threatened us with a Cease and Desist letter. But we refuse to be silenced. We responded by putting up this billboard ad in San Diego, right by GoFundMe’s offices:

 

GFM_billboard_bright_closeup_310px

 

Here’s the letter we’ll send to GoFundMe executives on your behalf. You can add a personal comment using the box provided.

 

Dear GoFundMe co-founders Brad Damphousse and Andy Ballester, and Kelsea of GoFundMe Customer Happiness,

 

I write demanding that you return any profits from donations for Darren Wilson on your platform. Further, please take down any related fundraising pages.

 

Your own terms of service prohibit “items that promote hate, violence, racial intolerance, or the financial exploitation of a crime.” If Darren Wilson is charged, then it would stand to reason that these fundraisers are in violation of your terms, specifically “financial exploitation of a crime.”

 

GoFundMe should return any money it has made from Darren Wilson fundraising pages, and take them down immediately. Profiting off the killing of Michael Brown is not okay. Profiting off of racially-motivated donors is not okay.

 

These types of disturbing fundraising efforts have no place on the world’s #1 personal fundraising site.

Sincerely,

Add Your Name

 

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Sign the Petition Please

 

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The Last 24™


itisme

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President Barack Obama delivers a statement from the White House on Tuesday morning, hours after airstrikes against ISIL militants in Syria started. Later, with first lady Michelle, the president departs for New York city for the United Nations General Assembly and fundraising to benefit the Senate Democrats.

 

President Obama Delivers a Statement on Airstrikes in Syria

 

Published on Sep 23, 2014

Speaking from the South Lawn at the White House, President Obama delivered an update on the U.S. military airstrikes on ISIL targets in Syria. September 23, 2014.

 

 

 

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President Obama Speaks at the 2014 Climate Summit

 

Published on Sep 23, 2014

On September 23, 2014, President Obama delivered remarks at the 2014 Climate Summit at the United Nations in New York, New York.

 

 

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Leonardo DiCaprio (UN Messenger of Peace) at the opening of Climate Summit 2014

 

Published on Sep 23, 2014

United Nations – Statement by Mr. Leonardo DiCaprio, UN Messenger of Peace with a special focus on climate change, at the opening of the Climate Summit 2014.

 

 

 

Leonardo DiCaprio’s 2014 UN Climate Summit Speech

 

Published on Sep 23, 2014

Leonardo DiCaprio’s opening remarks at the 2014 United Nations Climate Summit in New York City.

 

 

The President Meets with His Climate Task Force

 

Published on Jul 16, 2014

President Obama meets with his State, Local, and Tribal Leaders Task Force on Climate Preparedness and Resilience, July 16, 2014.

 

 

 

ByOJkdfCUAAQyc7

 

 

President Obama Delivers Remarks at the Clinton Global Initiative

 

Published on Sep 23, 2014

President Obama addressed the Clinton Global Initiative in New York, New York on September 23, 2014.

 

 

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President Obama Delivers a Statement at the Arab Coalition Leaders Meeting

 

Published on Sep 23, 2014

September 23, 2014: President Obama addresses the Arab Coalition Leaders Meeting in New York, New York.

 

 

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Speeches and Remarks

 

Screenshot (645)

 

Statement by the President on Airstrikes in Syria

 

Remarks by the President at U.N. Climate Change Summit

 

Remarks by the President at Clinton Global Initiative

 

 

Statements and Releases

 

Statement by the Press Secretary on the Conviction and Sentencing of Ilham Tohti

 

FACT SHEET: U.S. Support for Civil Society

 

Letter from the President — War Powers Resolution Regarding Iraq

 

FACT SHEET: President Obama Announces New Actions To Strengthen Global Resilience To Climate Change And Launches Partnerships To Cut Carbon Pollution

 

Letter from the President — War Powers Resolution Regarding Syria

 

FACT SHEET: Changes to U.S. Anti-Personnel Landmine Policy

 

Statement by NSC Spokesperson Caitlin Hayden on Anti-Personnel Landmine Policy

 

Statement by the President

 

 

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The White House Blog

 

President Obama’s Greeting for Rosh Hashanah

 

September 23, 2014 | 1:38 | Public Domain

President Obama wishes all those celebrating the Jewish High Holidays a happy and healthy new year.

 

 

 

President Obama Signs the America’s Promise Summit Declaration

 

September 22, 2014 | 2:33 | Public Domain

On September 22, 2014 in the Oval Office, President Obama delivered remarks at the signing of America’s Promise Summit Declaration.

 

 

 

“The Most Important Title is ‘Citizen'”: President Obama on the Significance of a Civil Society

 

President Obama: “No Nation Is Immune” to Climate Change

 

Chart of the Week: Why We Can’t Wait to Act on Climate Change

 

An Important Step in Our Fight Against Climate Change

 

President Obama Delivers a Statement on Airstrikes in Syria

 

Wishing You a Sweet, Happy, and Healthy New Year

 

Happy Birthday, We the People! Marking Three Years of Online Petitions

 

The First Lady Passes 1 Million Followers on Twitter and Instagram

 

!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!twitterstorm

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Most Energetic Ferguson Protester

 

 

Michael Brown Memorial Burns In Ferguson Missouri, As Ferguson Police Stand By And Watch.

 

 

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St. Louis Alderman Antonio French Opens “Heal ST. Louis” Office In Ferguson


Mr MilitantNegro™ Jueseppi B.

Mr MilitantNegro™
Jueseppi B.

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Alderman French Opens HealSTL Office in Ferguson

 

Heal STL Opens Storefront In Ferguson to Register and Organize Black Voters

Many people have followed or just read Antonio French on twitter during the demonstrations in Ferguson.  Mr. French is an alderman in the City of St. Louis, a people’s journalist (he had the paper and then blog, PubDef) and an long-time activist in the St. Louis area.  When Michael Brown was murdered in a police crime, and the streets erupted in Ferguson, Mr. French traveled the few miles from North St. Louis where he lives to report and help out in Ferguson.  He was arrested early on (on August 19) for reporting while black:

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FERGUSON, Mo. — St. Louis Alderman Antonio French, who was arrested late Wednesday while documenting the protests and police presence in Ferguson, was released early Thursday.

 

After his release shortly after 7 a.m., French told reporters he had been arrested for unlawful assembly, but hadn’t been given any documents about the arrest. He didn’t have to post any bond.

 

French said he had gone into his car to escape the smoke bombs and tear gas being thrown by police.

 

“I realized that the best place is in your car with the windows rolled up, to keep the tear gas out, and that was where I was.”

 

While in his car, police approached him, dragged him out of the car and arrested him.

 

USA Today: Antonio French freed after arrest in Ferguson, Mo.

French moved from reporting to peacemaking and organizing during the protests.  Realizing that there is a lacuna of

 

leadership in Ferguson, he has stepped up to help organize Ferguson’s future leaders.

 

Last week, he and others started the Heal STL movement.  

 

 

Despite brutal heat on Saturday, West Florissant was more active than it has been in several days. The atmosphere was positive, as many people were there to take part in the Heal STL movement.

 

Organizers and participants of the movement made signs and marched along the roadway.They also helped people register to vote.

 

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Among city leaders participating in the effort, was St. Louis Board of Alderman President Lewis Reed.

 

FERGUSON, Mo. – They have plans for change, and now have a building to house those efforts.

 

This week, St. Louis City Alderman Antonio French will open the doors to #HealSTL, adding a physical location to his work in Ferguson, Missouri.

 

Located just off West Florissant, French says this building will serve as a place to coordinate political change in that community.

 

“This is where volunteers will be able to come, where we’ll be organized in planning out next steps,” French said. “And we’re here for the long-haul. It’s not just a couple of weeks or a day, we’re here for the next few months, if not year.”

 

French ventured outside his official ward during the Ferguson unrest, and gained national recognition for his live tweets during that time. Now, he’s looking to the future.

 

“It’s really about next steps, after the events of the last two weeks,” he said. “Our first part of our next steps is to register everyone out here to vote in Ferguson and to get them educated and mobilized to get political change out here.”

 

French said the building he found sat vacant for a period of time, even before the unrest in Ferguson. Without giving specifics, he said he and some “supporters” paid for the property, which currently houses a few boxes and hand-drawn signs.

 

Volunteers planning to use the space come from all over the country.

 

“We have a lot of folks who want to help and want to do something, and so our role is to help coordinate that, organize it, and to use all this energy we’ve seen these last few weeks and put in a productive way, and a way that we actually create some change.”

 

He hopes to have #HealSTL open and running by this weekend.

 

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