Prognosticators on the Oscar Pistorius case estimate that
the trajectory of the four bullets that killed his girlfriend, are everything to the case. It is likely in Pretoria South Africa there may be a real ballistics investigation
because the defendant and victim Reeva Steencamp are white. Ballistics
investigation may be even more important
due to the extensive media coverage. The
second cause seems more likely since cell phone video of Johannesburg cops dragging an immigrant taxi
driver handcuffed to a police paddy wagon – a black on black crime – led to the
indictment of eight police officers. No
international exposure, no indictments.
Continuing due process in the fair prosecution of the police officers is
contingent on continuous international attention. This is the same for the trajectories of
Oscar Pistorius’ four bullets. The
prognosticators await the analysis that a court
under scrutiny may produce.
Do you know where courts operate away from scrutiny and
avoid the analysis of bullet trajectories; that would be the State of Colorado ’s eighth
judicial district, most specifically, case #01CR465.
What really happens in quotidian (everyday) cases is that
the state compiles a few inculpatory assumptions – more sensational the better
– that become the “discovery” of the case.
The defense does not conduct counter discovery. It wouldn’t matter. The offense has the privilege of accusation
and the defense only rationalizes. This accepted masquerade advances accusation
to the unproven basis for conviction and sentencing.
Solution: Constant on
audio/video monitors in all court rooms, that feed to publicly subscribable
links. This is the equivalent of police
dash cam coverage for the judiciary. It
can only improve the civil performance of the courts.
Peace, Jason
Mary-Ellen comments on
the implications of the lack of public awareness on how the courts function: If you recall in the last blog entry,
Materially False Information, Jason’s public defender declared a false distance
of the gun shot at four feet. Jason’s
description of the incident put him nearly up against the victim, Marc Bender.
A gun shot from four feet away would have been a straight through and through.
Four feet is not so
according to the autopsy report which is verbatim: “…slightly
asymmetrical abrasion collar measuring up to 1/16 inch and being most prominent
at the 7o”clock margin of the entrance wound and a dense stippling pattern
extending out to 1 1/4 inches radially from the center of the wound. A ¼ inch rim of dark discoloration possibly
representing soot immediately surrounded the entrance site.” “The wound path was directed approximately 45 degrees from
right to left, approximately 45 degrees upward, and approximately 45 degrees
from front to back.”
Present at the autopsy
were Coroner Sina, Investigator’s Fairman and Miller as well as officer’s
Hudson, Gilliam, Koenig, and Josey. Quoting Josey, “I also observed powder
burns around the wound and the consensus of opinion was that the end of the gun
barrel was within a few inches of the victim’s skin and no more than approximately
eight inches away when the gun was fired.”
The gun was test fired
at 1 to 12 inches. The Colorado Bureau of Investigation never
received this information or the gun to do their testing due to the need to
sweep Jason’s case under the rug as discretely as possible.
Most people are under
the misconception that the appeals process reviews evidence. It does not.
It only reviews “procedure.” An
appeals court, even if it came across evidence that exonerated someone could do
nothing if the procedure used was proper.
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