-- captions by vitac -- www.vitac.com you want to resolve this as much or more so than you do. >> reporter: after promising federal negotiators that he would lead his followers out, david koresh says god told him not to. >> my god told me to wait and that's all i'm doing. >> reporter: koresh also has an earthly concern, being raped in prison if he surrenders. >> hopefully if i'm notorious they won't but me with no bubbas, huh? a lot of bubbas want to molest you if they think you molest children.

>> reporter: feeling duped, the fbi commander orders the armored closer to the building to tighten the noose. but it only seems to antagonize koresh. >> your organization in this united states of america is a liar. you're saying peace with your mouth, but your words are words of a dragon. >> as a negotiator i would have preferred to go back to koresh again and again, trying to get him to live up to what he had promised to do rather than taking an action that only gave him ammunition to be more angry at us. >> reporter: the negotiators are now fighting on two fronts. >> hello? >> reporter: trying to calm david koresh -- >> you're just schmoozing me, trying use psychology on me. >> reporter: and trying to talk their own bosses out of overreacting. >> sometimes there's this compelling thing we call action

imperative where authorities feel they have to do something to be seen as decisive and in charge. and when you're compelled to do that, you often end up doing the wrong thing. >> reporter: koresh isn't making it easy. he claims to have weapons that can penetrate the armored personnel carriers, which he calls little buggies. and threatens to blow the government's little buggies to pieces. >> that's when the decision was made by the tactical guys. let's get us a really big tank. they got an m-1 abrams tank. >> reporter: the military armor is supposed to protect the tactical guys up close. even with the big guns removed it's a show of strength to intimidate the branch davidians. instead, it strengthens the davidians' faith and intensifies their distrust. >> it's god who is directing david.

>> reporter: ophelia santoya. >> i believe it. >> what do you think is going to happen in the next few days? >> i don't care. >> what do you believe is going to happen? >> what? >> you guys are going to kill us. >> reporter: koresh himself looks to the old testament prophet nahum, who says, god's enemies will come in chariots with flaming torches. to koresh, the fbi is fulfilling a prophecy. >> the chariots with flaming torches that make noise like thunder. you know, we know what that really is, don't we? tanks. >> reporter: despite the threatening heavy armor, the negotiators settle into a routine with koresh. >> david, let me -- where are you again now? >> we're here at chapters 26 of isaiah. >> okay. hold on for just a minute here. let me catch up with you a little bit. 26:9. >> reporter: there seems to be a

rapport and koresh praises his favorite negotiators for their friendly tone. >> now, the reason why we've talked to henry is because henry, like yourself, you know, knows how to -- he knows how to be a waitress. and that's what you people are, you're professional waitresses. and, you know, professional waitresses -- >> that's a good analogy. >> -- that are really good get tipped good. >> reporter: the tip is the release of children. 21 kids in the first six days. >> when these beautiful little kids came in the negotiation room and sat on our laps, it was a constant reminder to all of us what was at stake here. >> reporter: the negotiators are based at this airfield 13 miles away. as children arrive, they put them on the phone with their parents. >> are you okay? >> yeah. >> reporter: flora talking to mark, one of the children. >> they didn't treat you bad? >> no, they treated me good.

>> what did they do to you? >> they put me in the tank and took me to -- down on the road further down and put me in a van and brought me here. >> parents are parents the world over. while they had an extraordinary allegiance to david koresh, we certainly wanted to tug at those parental heart strings. >> hey, mark. >> huh? >> i love you. you be good boy, okay? >> okay. >> and if you see some of the kids, tell them i love them. >> okay. >> mark also talks to koresh's oldest son, cyrus. >> i'm at the airport. there's lots of planes out front. >> you see any taking off? >> no. cyrus, i went in a tank. >> were you kinda nervous? >> no. it was bumpy. that was the only thing. come on out when you can. if you can. >> i think i can.

>> well, there was plenty of doubt, but i was pleased with the progress of our strategy. i mean, of the first several days we had a dozen or so children come out. any way you look at that, that's a positive indicator. >> reporter: but many davidians will not budge, including clive doyle. did you ever consider leaving? >> why should i? i haven't committed a crime and this is where i live. why do i need to come out? >> hey, david? >> sir? >> are you a patient person? >> yeah, i'm fairly patient. >> you're going to see patience because the only thing we're going to do is sit and wait. >> reporter: despite the negotiators' promise, their counterparts, the tactical team with tanks, is losing patience. the war in waco is about to escalate. >> so, you know, you guys, you do it your way, i do it my way.

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aah! aah! practice makes perfect. announcer: you don't have to be perfect to be a perfect parent. there are thousands of teens in foster care who don't need perfection, they need you. david koresh, pick up the phone. the negotiators want to speak with you. >> reporter: after six days, the flow of children out of the branch davidian compound stops. >> most of the kids, all but a half dozen, who stayed inside

were the biological children of david koresh. >> these children that i have are for a reason. >> they were to grow up and be part of the jury that would judge the world in the end times. and so these were, like, sainted kids. >> you want to go out? you want to leave? >> how come? >> because. >> because why? >> because i want to stay with you. >> you want to stay with me? >> yeah. >> the standoff is at a turning point. nearly 100 branch davidians remain inside, including 24 children. and the fbi is divided over what to do. >> the negotiators wanted to continue talking, and the tactical people wanted to get it over with. >> there was great tension and a big desire to get those people

out of there. the question was, you know, how are you going to do it without further loss of life? >> reporter: siding with the tactical team, the fbi commander turns up the pressure. cutting electricity to the compound, blasting it with flood lights and cranking up the loud speakers. ♪ jingle bells jingle bell rock ♪ >> they bombarded the house with the sound of dying rabbits. >> tibetan monk chants. buddhist chants. >> the sound of a telephone being off the hook. ♪ these boots are made for walking ♪ >> reporter: the fbi also plays a nancy sinatra song. ♪ one of these days these boots are going to walk all over you ♪ >> reporter: a song with an implied threat. >> those kinds of actions that agitate are counterproductive to relationship-building. we know that. we knew that then. we know it now. >> reporter: it was emotionally driven. >> it was emotionally driven. it was driven out of frustration. >> they were not driving a wedge between us and david.

what they were doing was creating attitudes between us and them. >> reporter: hardening your position? >> a lot of times, yeah. >> reporter: if anything, the fbi's get tough approach seems to confirm koresh's apocalyptic message. >> i know we are in the last days. >> i look around and i can see where if this is not the end of time, i don't know when. >> reporter: koresh's disciples taped this message for their families. >> remember that i taught you that prophecy would have to be fulfilled and the time has come. >> i'm serving a true and living god that sits on the throne. and if you do so, you can't die. >> they believed they were on something like noah's ark. if you're on noah's ark, you ain't leaving the boat. >> reporter: three weeks into the standoff, 12 more adults have come out. including sheila martin.

but she leaves behind her husband and her four oldest children. >> they believed in god for themselves. they used to tell me that no matter what the situation, if i chose to leave, they wanted to stay. >> reporter: the war in waco is now a stalemate. >> it was costing hundreds of thousands of dollars a day. there were hundreds of fbi personnel. >> reporter: i mean, this was a national -- >> international. >> reporter: international embarrassing tv show that was going on. >> it was. it was. and the fbi is a proud organization. and the fbi, i think, felt uncomfortable, now being in the situation which was being driven by, perhaps, a mad man. and feeling powerless and vulnerable. >> reporter: as negotiators talk, the tactical team is moving in, again. bulldozing vehicles in front of the compound, destroying them. >> if you're a david koresh, are you going to believe what the nice negotiator's telling you or

are you going to look out your window and be more influenced by more aggressive actions that you may feel threaten you? >> reporter: i mean, your work was being undercut, plain and simple? >> clearly it was, and that was beyond frustrating. >> reporter: frustrating and frightening to those inside the compound. like clive doyle's daughter, shari. >> she made a statement to me. she said, if they attacked and she got mangled or shot and was in a bad way, she said, don't let me suffer. and all i said to her, don't worry about it, shari, it's all going to work out. god's in control. >> reporter: on day 46 the standoff takes what could be a major turn. koresh says he wants time to write down his final message on the book of revelation. and if he gets it, he promises to lead everyone out. >> i can go on paper here and say that david koresh told me that as soon as he finishes this

manuscript -- >> i'll be splitting out of this place. i'm so sick of mres. >> reporter: sick of mres. and no longer worried about getting raped in prison. >> can i say that i think that's one of your big concerns, is mr. bubba? >> i'm not worried about bubba. >> people were packing bags. people were all excited. it's over. all of this situation is about to come to an end. >> david, frankly, i'm eagerly awaiting this manuscript. >> i tell you what, it's going to blow your socks off. >> reporter: but the fbi doubts his intentions and has a plan to force him out. koresh sees the heavy armor clearing a path out front. >> you're doing wrong! before god, before man. you are doing wrong! >> reporter: his response is prophetic. >> all i can say is that if you want to place this in the

history books as one of the saddest days in the world, you're fixing to step across the ribbon. >> reporter: within hours, david koresh and most of his disciples will die. ♪

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it's time for to you exit the compound in an ordinarily fashion. >> reporter: april 19, 1993, just before dawn. over the fbi's loud speakers. >> david, individuals inside the branch davidian compound, we are in the process of placing tear gas into the building. >> reporter: the feds are out of patience and ready to make arrests for the murder of the four atf agents 51 days earlier. >> exit the compound now. submit to the proper authority, david. >> reporter: the tear gas is inserted from boons on specially modified tanks and fired from grenade-like canisters. >> you are under arrest.

this standoff is over. >> reporter: when the davidians shoot at the tanks, the fbi intensifies the gas. >> believe me, it will not get any better. it will only get worse. >> reporter: after two hours, the fbi begins ripping holes in the building, exit routes, they say. >> you go, if we step out of this hole, are they going to shoot us? are they so angry because atf agents are dead or because we made them wait so long? >> david, you have had your 15 minutes of fame. it's time to leave the building. >> reporter: an hour later, there's smoke and fire. >> we can work through this. don't lose control of this, david. don't lose control of this. >> reporter: flying above the complex, infrared camera records the fire as a bright plume. >> david, don't do this to your people.

>> reporter: within minutes, there's a second fire. then a third. >> this is not the way to end this. lead your people out. be a messiah, not a destroyer. ♪ >> reporter: after 45 minutes, the building is engulfed. only nine people would make it out. >> i came out basically driven out by the fire. >> reporter: sheila martin, who had come out three weeks earlier, is watching the drama on television. terrified for her husband and her four oldest children. >> you're thinking, if they were in the hallway alone? were they running? did the fire catch them? just very horrible to think. >> reporter: fanned by 25-mile-an-hour winds, this is

doomsday. critics blame the fire on the fbi's tear gas. but an independent special counsel ultimately found david koresh ordered the fire set with accelerants. >> i blame david koresh, but because i believe he's to blame does not mean we, the fbi, did everything right or we did not make mistakes, because we certainly did. >> reporter: you believe patience would have provided many more survivors? >> no question in my mind. i believe that a successful negotiation is not getting everyone out alive. it's getting everyone out alive that we could. in my judgment we did not get out all the people, potentially all of them, that we could have, and for me, that's a failure. >> reporter: autopsies found sheila martin's family died from smoke and fire.

do you still cry? >> yes. i think the middle of the night is the worst, when you're -- you wake up and you think about things. you see a picture and see their smile. can't remember the way they sounded. you can't remember their voices. >> reporter: at least 20 deaths were from gunshots. they were suicides and mercy killings. among them, david koresh and shari doyle. >> and i believe that because of her either giving her life or having it taken from her violently like that, i believe that she is going to be saved. >> reporter: in all, 76 branch davidians died that day, including 24 children. that night attorney general janet reno, who had approved the fbi raid, said it was intended

to prevent the children inside from being harmed by david koresh. >> at the time we made the best decision i think we could based on everything that we knew. based on what we know now, it was obviously wrong. >> reporter: there were aftershocks. to extremists like timothy mcveigh, waco was a call to arms. he would bomb the federal building in oklahoma city, exactly two years later, killing 163 people. >> his feeling was, this is a war between the people and the government. the government won waco but we won bigger at oklahoma city. >> reporter: remarkably, neither clive doyle nor sheila martin blame the fbi. to them the fire, the deaths, their grief, it was all part of a bigger plan by a much bigger power. >> god permitted it to work out the way it did. he didn't stop it.

>> we don't want to feel that something horrible is something good, but we're supposed to have that faith that if something happens, you trip, you fall, you -- you trust god has a reason for it. >> reporter: i guess, sheila, is the fact that something horrible did happen, and i'm not seeing the good. >> the bible says that all things work together for good. for those that love the lord. >> reporter: today, there is a new chapel on the 77 acres and a new spiritual leader. charles pace, the man who challenged david koresh in 1984, says god chose him to take charge. >> yeah, that's what i think. that's what i believe. >> reporter: are you the prophet? are you a prophet? >> i believe that i'm enlightened. let me put it that way. >> reporter: with a few followers, pace is clearing debris, getting ready for what he believes will be the

gathering of the faithful. >> tom, do you think it's too windy? >> reporter: it will come at the end of time, he says, foreshadowed by the collapse of major governments around the world. perhaps, soon. >> these english-speaking protestant nations are going to be swallowed up by the one world government, and it's all going to be central bank. do you understand what i'm saying? they're all going to be swallowed up by the one world order. >> reporter: and what will be here when that happens? >> god's kingdom. >> reporter: clive jones and sheila martin don't buy it, not pace's vision. >> one, two, three, four. >> reporter: they believe that david koresh, not charles pace, will lead the world through the final days. >> i feel even stronger as a result of what has happened. >> reporter: faithfully, patiently, they are waiting for the resurrection.

david koresh, messiah. >> what can i say? they call me a rambling man, don't they? anyway, god bless and we'll sign off. as in the 37 billion transit fares we help collect each year. no? oh, right. you're thinking of the 1.6 million daily customer care interactions xerox handles. or the 900 million health insurance claims we process. so, it's no surprise to you that companies depend on today's xerox for services that simplify how work gets done. which is...pretty much what we've always stood for. with xerox, you're ready for real business.

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an inspiring hero, a beautiful model -- >> it's a fun production and yeah watch it. >> we start this morning with a shocking valentine's day tragedy. >> a nation in shock. >> it's devastating, tragic. >> the world renowned olympian oscar pistorius has been charged with murder in the death of his girlfriend. >> for a week, the world has watched the triumphant story of oscar pistorius turned to tragedy. just last summer, this was oscar pistorius. the first amputee ever to compete in the olympic games. and a source of enormous pride for a sports-crazed nation. today, a totally different scene. >> yesterday we called him a hero. some people say he should just be put to the the sword. >> a flood of confusing details.

>> a lot of speculation. >> the neighbors did hear gunshots. >> she died in his arms. >> he thought she was a burglar. >> but everyone agrees on a simple tragic fact. on valentine's day, oscar pistorius shot and killed his girlfriend reeva steenkamp, leaving a family without their daughter and a nation without its hero. >> hello, i'm randi kaye, welcome to this special hour of "ac 360." millions of people around the world have been asking questions, arguing the evidence, riveted by every detail since that killing. those details emerged in sharp relief during a four-day court proceeding to determine whether the blade runner, oscar pistorius, remains free until trial. he will, but for three of those four days, it was hard to tell and impossible to turn away. in this hour, we're going to walk you through those days and

what lies ahead. we'll show you the evidence and lay out the case with our legal and forensic experts. first a look at how we got here including the rare legal decision to introduce an account of that fateful morning in oscar pistorius's own words. it was february 14th, valentine's day, long before dawn. and something awful was about to happen inside the home of track star oscar pistorius. by 4:15 a.m. the lead investigator would arrive to find oscar pistorius's girlfriend dead, killed by three gunshots that pistorius had fired. was it murder or a terrible mistake? we may never know the real story, but oscar pistorius wants us to know his story. detailed in this rare affidavit he gave the court. hours before the fatal shooting,

pistorius says it was a normal evening at home for him and his girlfriend reeva steenkamp. a quiet dinner, then tv and bed for him, yoga for her. it seemed perfect. we were deeply in love and i could not be happier, i know she felt the same way. she had given me a present for valentine's day but asked me to only open it the next day. according to the affidavit, he and reeva fell asleep, then suddenly hours later pistorius jolted awake. his valentine celebration was about to take a deadly turn. i woke up, went on to the balcony to bring the fan in and close the sliding doors, the blinds, and the curtains. i heard a noise in the bathroom and realized that someone was in the bathroom. i felt a sense of terror rushing over me. there are no burglar bars across the bathroom window and i knew

that contractors who worked at my house had left the ladders outside. although i did not have my prosthetic legs on i have mobility on my stumps. pistorius says he was too afraid to turn on the light. i grabbed my 9mm pistol from underneath my bed. he screamed at the intruders to get out. he told the court and made his way through the pitch dark to the bathroom. i realized that the intruder was in the toilet because the toilet door was closed and i did not see anyone in the bathroom. i heard movement inside the toilet. and then i fired shots at the toilet door and shouted to reeva to phone the police. >> to me the instinctive thing, you hear sounds in the bathroom. if only to say, honey, did you hear that? you do that first before you move to the bathroom to fire shots. hey, honey, did you hear that?

you stay here. i'll go see what's going on. you stay here, i'm going to go check. but none of that happened. he claims he jumped out of bed, got his gun and fired right into the toilet. >> when the shooting stopped, pistorius writes i moved backwards out of the bathroom, keeping my eyes on the bathroom entrance. everything was pitch dark in the bedroom and i was still too scared to switch on a light. reeva was not responding. pistorius made his way to the bed where he says he thought he'd find reeva. he writes, when i reached the bed, i realized that reeva was not in bed. that is when it dawned on me that it could have been reeva who was in the toilet. i returned to the bathroom calling her name. i tried to open the door but it was locked. i rushed back into the bedroom and opened the sliding door exiting on to the balcony and screamed for help.

but other witnesses share a much different version of events. one says he heard nonstop fighting between 2:00 and 3:00 a.m. and an investigator told the court another witness heard gunshots, a woman screaming, then more gunshots. by the time it was over, reeva steenkamp was fatally wounded behind the bathroom door. she had been struck three times, in the hip, elbow, and in the head. next pistorius says he put on his prosthetic legs and ran back to the bathroom. when he couldn't kick the door open, he says he used his cricket bat to break open the door to the toilet. there, he writes, he found reeva slumped over but alive. pistorius says he frantically made calls for help. first to his estate supervisor and then paramedics, all before picking up reeva's bloody body. as pistorius tells it, i battled

to get her out of the toilet and pulled her into the bathroom. then, he writes, he phoned net care for help and unlocked the front door. according to the affidavit, pistorius had been told not to wait for an ambulance, so he returned to the bathroom and picked reeva up. i carried her downstairs, he writes. i tried to render the assistance to vooe reeva that i could, but she died in my arms. it was over and oscar pistorius was responsible. >> he's in extreme shock. he's grieving and i don't expect him to get over it even soon. >> prosecutors say this was no mistake. they tell a tale of premeditated murder, a boyfriend fuelled by rage after a long night of arguing. a woman vulnerable, pistorius

calculating an angle, taking aim at the toilet where reeva steenkamp was and firing. >> the defense is not going to dispute he shot through the bathroom door. they are not going to dispute that the angle of the bullets was what it was. they say the angle showed trajectory was that it was downward and to the left, which the prosecution is indicated is significant because it looks as though he was aiming at someone on the toilet as opposed to somebody just cowering or hiding in the bathroom itself. >> still so many unanswered questions such as how did reeva enter the bathroom unnoticed? pistorius's defense says she slipped into the bathroom when pistorius first got up to close the balcony door. and why would reeva lock the door? was she trying to protect herself from pistorius or an

intruder. his defense team argues reeva locked the door because she heard pistorius yelling at an intruder to leave. what about the bloodied cell phones inside the bathroom? how did they get there? so much evidence to unravel and an investigation far from over that may have been bungled from the start. pistorius's defense lawyer says his team found a bullet in the toilet that police had missed, and it turns out investigators entered pistorius's home without wearing protective foot covers simply because they'd run out of them. >> by the time the investigators got there, the lawyer and the brother were already there. so that scene was heavily contaminated before the investigators could secure the scene itself. one of the things is taking a look at what most investigators do is what's the residue, what kind of hairs or fibers are

there, was any type of evidence disturbed and so it's going to complicate their investigation in a fairly large way. >> an investigation that's already been complicated by celebrity, publicity and oscar pistorius's odd offering to the court about his girlfriend's last breath. in granting bail about $112,000, by the way, the judge took care and about two hours to explain his decision. he barred cameras from court today so we only have audio as he laid out points of the law and raised questions of his own about each side including this. >> i have difficulty in appreciating why the acced did not ascertain the whereabouts of his girlfriend when he got off the bed. i have difficulty also in coming to the terms that the accused did not seek to verify who was in the toilet when he could have asked.

i also have difficulty in appreciating why the deceased would not have screamed back from the toilet. i have difficulty also with understanding why the deceased and the accused would not of like mind in those circumstances escape through the bedroom door, then venture into the toilet. >> the judge did not consider those questions reason enough to deny bail, but if this case does go to trial, they will come up again. i talked about about it with robin kerr now who's been covering this case from the beginning. such a dramatic bail hearing. take us inside. what was it like? >> i think the word is claustrophobic. i was in there and it is a small courtroom. far too small for this kind of case. it was very hot. often we found ourselves wiping away beads of sweat. then again this pull pabl sense

of tension that kept on building up, particularly when the magistrate made that final, exhaustively long final judgment. >> over the course of this case so far, we have seen many faces of oscar pistorius from distraught and emotional to stoic and withdrawn. what was he like at the bail hearing? >> definitely a sense that oscar has withdrawn into himself. whether this is a combination of shock, exhaustion, mental state that's perhaps not entirely healthy at the moment. but this is a man who really i think is coming to terms with the fact that he did something absolutely terrible. >> certainly a lot of attention paid to this case. you see the cameras in the courtroom every day. the media chased the car carrying pistorius as it left the courthouse. is that right? >> i think there's been such a media interest in this. the chasing, i think that was slightly disturbing because it looked like they were motorcycle

riders following him basically to the house where he's going to live. so there was that sense that a pack was hunting him. whether that's right or not, you have to ask this is a man who admitted to murdering his girlfriend on valentine's day. and there's a huge media interest. >> what's next for him then? he can't go home. he went back to his uncle's house after the bail hearing. what happens now? >> in terms of what's next, he has to prepare for a monumental, life-changing trial. he has a smart team of people around him. they are going to be preparing him and talking him through this. this is going to a day job. whether he starts training again, that's also another question. let's not forget reeva. all the drama and chaos and the twists and turns and bomb shells that we have seen in court. just remember sitting quietly in a small town is a family that's broken as well. >> absolutely. thank you very much.

ahead, answers to the questions everyone is asking. was bail justified? does the defendant's account make any sense? what happens at trial and will it even make it there? the best legal and forensic experts around here to debate the case, next. and later the promising life cut short, remembering reeva steenkamp as "ac 360:blade runner, murder or mistake" continues. hmmm. uh... yeah, can you find a take where it's a bit more dramatic on that last line, yeah? yeah i got it right here. someone help me!!! i have a flat tire!!! well it's good... good for me. what do you think? geico. fifteen minutes could save you fifteen percent or more on car insurance.

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the whole world is watching this case. whether or not it weighed on the judge, chief desmond nair, is hard to say. what's clear though is he explained his decision with great care and at great length. you heard him in courtroom audio raising questions about the defense. here he lays out certain challenges for the prosecution. >> we are dealing with circumstantial evidence. what would one expect? there are no other witnesses. the only person who knows what happens is the accused. it is as a matter of pause when you are dealing with circumstantial evidence pieces of the puzzle need to be put together and those may not yet be all be before me and the state obviously in the normal sequence of events would by the time that the state is ready or trial ready have more pieces of the puzzle. >> a lot to talk about starting with the drama in and around this bail hearing. joining me is mark geragos,

co-author of "mis-trial." an inside look how the criminal justice system works and sometimes doesn't. also jeffrey toobin and capetown law professor kelly phelps. jeffrey, let me start with you on this. the state had an uphill climb trying to show that oscar pistorius was a flight risk. were you surprised bail was granted? >> my understanding was extraordinary circumstances, which is the burden that pistorius had to meet is a tough burden. but the judge who did a thorough job focussed a lot on the issue of was there really a risk of flight? it was very hard for the the prosecution to argue in seriously that oscar pistorius was going to flee. without a passport, being such a celebrity, having a very conspicuous disability. the idea he was going to flee

was implausible and that was the key to him getting bail. >> this may be the one thing you agree with jeffrey on here. you said he would be granted bail. >> i thought that the magistrate telegraphed it early on in this hearing. and i think the big problem for the prosecution is they overplayed their hand. if they handled this differently, they might have been able to get this magistrate med not to give him bail. but they misplayed this entire hearing. number one, saying that -- so overstating the flight risk and coming in with this idea he has a house here and accounts there. when he's cross examined and say where's your evidence of the house, well, i don't know, i heard it somewhere. that's not the kind of stuff that's going to go over well with the magistrate. i thought that given all of that, and he may be the fastest human in the world, but he's never going to escape the tabloid media on this case. >> kelly, you're an expert in south african law.

did anything about this ruling surprise you? the magistrate took a long route before announcing his ruling. is an hour and 45 minute ruling par for the course in the legal system there? >> it's certainly not par for the course at bail proceedings. it was an exceptionally long bail decision he rendered. it didn't surprise me though because he knew how much was at stake in terms of this decision and how controversial it was going to be. so he was really demonstrating just what a considered decision he had made and he applied his mind fully to all of the arguments that were raised by both parties in reaching his decision. his decision is the correct decision and defensible. >> and the bail itself, a little more than $100,000 sounds low certainly in terms of the american legal system. what do you make of that? >> in south african terms, it's a million rand, which is actually a fortune of money for most south africans. it wouldn't be considered a low

amount to place from a local perspective. >> larry, the magistrate took the lead detective to task on how he collected evidence and how his team worked. that detective has been removed from the case. how big of a setback do you think that is for the prosecution? in terms of evidence, how much will this case depend on forensics? >> there's no question in my mind this case will be resolved by analysis of forensic evidence. and we will then be able to tell whether the evidence is consistent with the aft of -- with the affidavit of mr. pistorius or not. and that will talk to his credibility. i think the crime scene work is very crucial because you have to start off with pristine evidence to analyze it and secure the information that you're looking for. and the fact of the matter is that people are supposed to wear booties on their shoes to protect the scene from contamination. >> and they didn't. they said they simply ran out of them. >> not only didn't, but the

removal of the guy who was first on the scene, the lead detective, he's out of there now. the defense is going to have the people that they brought in able to testify. they are the ones that discovered the shell in the toilet area that was not picked up. they are the ones who are going to look like, we did this right. the other guys were a bunch of bumbling idiots. >> even though mistakes were made, don't you think there's enough evidence that we'll know a lot more about how this crime unfolded? >> no question. botched crime scene is certainly not good for the prosecution, but it's not fatal to the prosecution's case. i think when you look at all the evidence, which we haven't heard about yet. there's a lot we don't know. we don't know the toxicology report. but just from what we do know already, the spatter evidence on a number of items in the bathroom, this is going to be very telling.

>> let me ask you about the case so far. as a defense attorney, what stood out to you? are there weaknesses in the defense's case? >> there's always weaknesses in the defense's case. >> especially when you shot someone dead four times. that does have a problem. >> i understand that. those are problems. but i will tell you that this is a defense lawyer's dream in terms of the way the prosecution has brought this up. it's not often that you get in the second day of your bail hearing it's revealed that the lead detective is facing seven attempted murder counts. that is, you say, thank you, lord. that is unbelievable. then in addition to that, he hasn't even looked at the item that he has floated out there as an urban legend that his testosterone, at least trying to create this roid rage. he didn't even read the whole word and then didn't test it. those kinds of things, i think, get into the ether. those become irreparable for the prosecution.

but we don't have a jury. >> stick around. we want to look ahead and talk about what's next this this case after this dramatic week. plus oscar pistorius is recognized around the world and revered by his fans. coming up, how he became a hero to so many. and what you may not know about his past. later, all the plans reeva steenkamp had for her future died with her. for her family, it's an incomprehensible loss. you'll hear from her brother and others when "ac 360: blade runner, murder or mistake" continues. staying active can be difficult. prescription celebrex can help relieve arthritis pain so your body can stay in motion. because just one 200mg celebrex a day can provide 24 hour relief for many with arthritis pain and inflammation. plus, in clinical studies,

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