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tv   Forensic Files  CNN  April 10, 2014 12:30am-1:01am PDT

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what he has been testifying this week as it relates to the fans orphan on the balcony went outside to bring it in or not. what's key about that? we don't know if that is key evidence or not. we know what he is trying to do. the beginning of a very important strategy of trying to place on the record a track record of inconsistencies between his various versions of events. at different stages in the criminal process. the implication of doing that is that -- if it can be shown that an accused person has essentially a track record of lying, then the only reasonable inference that a judge can draw from that is that, they must be guilty and covering up for themselves. having said that, one inconsistency or two, is not enough to achieve that strategy. the human memory is never faultless completely.
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a judge will expect small changes or inconsistencies, because of the fallibility of human memory. once you create a track record of inconsistencies that's when it starts to become problematic. >> we are watching live in the courtroom now as pistorius -- up, he may be approaching the stand, soon. what you are seeing there is from yesterday. what should we expect when heap sits on the stand today and the prosecutor continues? >> well we certainly expect more of what we saw yesterday. i think throughout cross-examination, the prosecutor will be flipping between his strategies of on the one hand bursts of aggression and pistorius and then following that up with detailed searing cross-examination comparing and contrasting his different version of events. trying to expose more and more inconsistencies. and we expect him to carry on.
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with the loine of questioning that we ended on yesterday. he was getting to crucial legal points about whether pistorius intended to kill who ever was beef hyped the do behind the door. that's what i want to ask you neg next. the prosecutor has got more to go. the case hinges on whether oscar pistorius was in the middle of a passionate violent fight or thought that there was an intruder shooting in self defense. what might be expect from the prosecution as it aims to accomplish that goal? hoping that they will get him to crack at that point and acknowledge, according to their version of events. that he knew it was reeva behind the door. we know testimony in state any
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case. neighbors who heard screaming was the key points in their case. because if reeva had been screaming pistorius by implication would have known it was her he was shooting at. we saw the defense poke holes in that yesterday. they put neighbors on the stand who were closer neighbors than the so-called eyewitness whose testified for the state. to counter the state evidence and say, well, we're closer to his house. we didn't hear any woman screaming. that will be a core point. and we expect that will press pistorius about, whether or not he heard reeva steenkamp screaming and he would be aggressive around the area. >> kelly, as i was coming to you. i read a statement the victim any mother had actually i think we have -- testimony. beginning here. kelly, thank you very much. >> yeah, prosecutors --
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>> you are still under oath, mr. pistorius. >> thank you, my lady. >> mr. pistorius, if we are deal with the scene of the evening of 13 to 14 of february. >> that's correct, my lady. >> the one person was killed by you, sir, you are the only remaining person that can tell us what happened in that house? >> that's correct, my lady. >> and if we, in an attempt to evaluate your relationship.
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>> the other person was killed by you. am i right? >> that's correct, my lady. [ indiscernible ] >> that's correct, my lady. >> now, i have had a look at your relationship in a bit more detail in jen, february. how would you explain your -- describe your relationship in january and february? >> i would describe my relationship with reeva as, as good as we were in the foundation phase of our relationship. we were still getting to -- open up to each other. trust each other more and more. and learn more about each other.
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the difference between our relationship. beginning of january. couple weeks later. ened of januar ened -- end of january. beginning of february. end of january. beginning of february. that's where there were arguments. those arguments are all about you. what's important to you. >> what's the answer. >> i think our relationship got stronger, my lady. i read the messages. the messages. we did have arguments. there weren't arguments. that turpd into fights or anything like that. but we did have arguments my lady. >> would you agree with me, apart from, i miss you, you never wrote a long message telling her how you felt about
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her? >> did you say never? >> i said so, my lady. expect a response. >> which are you looking at? >> january/february, my lady. >> my lady i wasn't very -- i was on my phone for a lot of other reasons during the day that i would rather pick up the phone. if you look at my call logs how many calls i made to reeva. they outnumber the calls she made to me. i didn't write. i didn't write any long messages to reeva, i preferred to discuss things with her when i saw her or over the phone. >> mrp pistorius, we did a search on all of the wiretaps, the phrase i love you appeared twice in reeva's wiretaps. both times she wrote that to her mother. never to you. and you never to her.
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am i right? >> that's correct, my lady i never got the opportunity to tell reeva that i loved her. for me there is a recurring theme in your arguments in january and february. about things that are imprnlt to you. and how you react, would you agree that that's what the arguments are about? will you? >> i'm any just thinking about the arguments, my lady. there were things important to me. some of the arguments -- that have been written into the record. ways in which i reacted to situations that we were both in. so there were -- i can take responsibility for arguments being my fault.
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shortcomings on my behalf. >> then i have also gone through the evidence. we now have it available. and i say that -- your life is just about you. what's important to oscar. oscar shouldn't get into trouble. shouldn't get into the media. you were very concerned about what is good for oscar. >> i was very concerned for both of our futures, my lady. >> mr. pistorius, you started your evidence off with an apology. am i right? >> that's correct, my lady. >> now that was more than a year after the event. what did you apologize for? >> apologized if i can remember for the sorrow that i -- for the
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sorrow that i caused the steenkamp family and their friend. i remember apologizing for the emptiness which they feel. did youbetter after the apology? >> i don't think i could feel better, my lady. but i haven't had the opportunity to apologize to them. it's something i wanted to do for a very long time. i think it is the right thing to do. >> you see, mr. pistorius, if you were wanting to you it, why would you create the spectacle in court in the public domain, in the public eye apologize and not in private. why would you do that? >> my lady i haven't had the opportunity to meet the steenkamps. i don't think they have been ready. i have been struggling. i don't know what words i
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thought about saying to them. i don't think half the word that i wanted to say came out the way that i -- if i could have -- remembered an eloquent speech and apologize to them i would have done so. i haven't had the opportunity to. >> again, mr. pistorius, you never thought about them. you never thought how they would feel. sitting in the public gallery of the court while you make the apology. did you think how they would experience that or only matter about oscar pistorius? >> i did think about them, my lady. >> did you think how they would feel while you were kiting in subpick in the glare of everybody? >> i did, my lady. >> what did you think about that? >> i thought that must beef difficult for them. for my lady to look at some body that has taken their daughter's life and the person to
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aapproximately jazap apologize. >> why would you put them through this. why weren't you humble enough to do it in private. talk to somebody about it and do it in private. you weren't humble enough to do that. >> that's not true, my lady. >> why did you not do it? >> my lady, my counsel has been in contact with the steenkams, legal representatives they weren't ready to meet with me, my lady. i understand. that tea why it is not done. did you know that other people spoke to ms. steenkamp. did you do that? >> i didn't think it would be appropriate, my lady. >> then you do it when the whole world is on you. every person. it was property to do it then. how can that be.
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not sure if it was appropriate, my lady. that's what i thought was best. >> mr. pistorius, you never, you couldn't face them. because facing them in private would mean that you have to take responsibility and you don't want to. >> my lady i would love to have the opportunity to meet reeva's parents. i have not the opportunity. i don't think they would ever want to meet me. i completely understand where they're coming from. it's not that i haven't thought about them. >> why did you apologize, you apologized for -- >> i apologize for their sorrow, for their emptiness. i apologize for taking their daughter's life. i don't see it. if you said i apologize for killing reeva. i don't see that. you say --
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>> the record, page 1358. from lines 18. it starts with -- i would like to apologize and say this. a lot of moments has not been a moment since, since this tragedy happened that i have not thought about your family. i wake up every morning and you are the first people i think of. i think of you've, the first people i pray for. i cannot imagine the pain, sorrow, emptiness i have caused your family. i was trying to protect reeva. i promise when she went to bed that night she felt love. there is no. the word i'm sorry killed her is
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not there. is it? you are sorry that you have to think of them. you are sorry for their pain, sorrow. but not sorry that you killed their daughter. >> i'm terribly sorry i took the life of their daughter. my lady. >> now you say that. now, mr. pistorius, you have been through this, messages with your counsel. but i want to take you through them now. my lady -- [ indiscernible ] and page -- [ indiscernible ]
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>> could you open that in the bottom right corner? do you see it, page, 226? what's that, you have been through it in your evidence in chief. it is the message of the 27th of january.
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and i am not going to ask you to read the whole message again. but before i go -- unfortunately i have one more question about the apology. did you write down your apology? on a piece of paper? >> no, i didn't, my lady. >> did you not take the piece of the paper into the box and want to read it? >> no, my lady. >> now, mr. pistorius, i'll read it then just ask you a question here. i am not 100% sure why i am sitting down to talk a message to you. it says a lot about what is going on there. what was going on there? >> my lady, this was, she is
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talking about what is going on here about what is going on in our relationship. that she had to send me a message first. what she is implying, that maybe she has to send me a message first. maybe thament says a lot about our relationship. maybe that says a lot about our relationship. but it is all about you. today was one of my best friend's enengagements. i wanted to stay longer. i was enjoying myself. it is over now. you have picked on me incessantly. so that's not what happened the previous day. you have picked on me incessantly. what is that about? [ indiscernible ] >> you know, mr. pistorius, this is the only voice we have. picked on her incessantly must mean what it says. over days in your relationship you picked on her. well, what does that mean? >> i don't think i understand
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the context. it says that, my lady. but i had a very close relationship with reeva, there will be people that will come and testify. i didn't pick on her any way. i understand what she writes. but i was good to reeva. >> what i hear -- and an opportunity to explain. there were people that would come here to say that i never picked on her. is that what you are saying? >> i said there will be people that will come here and say that we have a good relationship. >> that's not what you said. you said there are people that will be coming here to say i never picked on her. nobody can tell that. that would be -- between you two. >> i never picked on her, my lady. >> so she lied? >> i don't think she lied. >> must have. never picked on her. and you put it there. >> when reasona sent me this message. her feelings were hurt. she said other things in the
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message. some songs i get scared of you. shoe said you have picked on me incessantly. she mentioned that i got short with her. in this message she was upset. she was upset that i hadn't taken, i hadn't contacted her first. so i understand that's what she said. >> but, i hear what you are saying, mr. pistorius. i can also read this. but we have to tell each other now, if, see, if she would say "you have picked on me incessantly since you got back from capetown." that is untroupe. that is untrue? am i right? >> i don't feel like i picked on her incessantly, my lady. i feel like maybe we were having a rough time in our relationship. >> mr. pistorius, with the utmost respect, i never asked
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you what you feel like. i said "that must be untrue." am i right, mr. pistorius? answer that question. that is the only question i want you to answer. >> my lady -- [ indiscernible ] >> he is right, my lady. i didn't pick on her incessantly. >> that was untrue. >> that's correct. >> and i understand that you are sick, but it is nasty. when you say nasty, she is referring to the picking on her. >> i agree, my lady. >> that also is untrue. because that now refers off to the picking. we have two things where she'll lied. yesterday wasn't nice for either of us, but managed to pull through and communicate well enough off to show our care for each other is greater than the drama that attacked us. what could the drama be? >> i don't recall, my lady, i think the night before we were
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at -- if i go back i can put it in context. i am not sure what the night before. what we were doing the night before. >> i was not flirting with anyone today. you must have said she was flirting with someone. >> i did, my lady. >> so you -- what did you tell her? what did you say to her? >> well, we had an are gaument at the place before we left. before she wrote this message. to me. i said to her that i thought she was flirting with the gentleman she was talking to. it made me upset. i guess part of me was a little jealous or insecure. and so i said too that i thought she was flirting with him. and that tilt hurt my feelings. this is the premesis of the message that she sent me.
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we were driving, i dropped her off. there were other people in the car. so wea couldn't really speak. i thought that afternoon i would rather just let it cool off and i talked to her later in the day. then she sent me this message first. so. she was just saying here, i was not flirting with any one today. i did think that she was. but i understoond aftd after th messages we sent, she ex-mraend wex-mraend -- she explained who the person was. and after that. we moved on. >> after that we now know that you accused her of flirting with someone. i feel sick that you suggested that. and you made a scene at the table. and made us leave early. you made a public scene?
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what was that about? >> my lady, we left this engagement party, most of the people were leaving. i didn't know reeva wanted to stay later. she knew i had training that afternoon and i had to go for lunch. this was mr. frisco's enengagement party. she says in the beginning of the message. today was one of my best friend's engagements. it was one of my friend, my lady, both of our friend. when she sent the message. i understand that, there were points, where her back is up against the wall and she takes offense to what i said. i'm not saying she is lying in everything that she said, yeah. that was, i did think that she was flirting with someone. we can go through the whole message. >> we are going to. >> i can explain, try to explain. >> yeah. explain. lement us rather ask questions
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and get answers and is that okay? >> yes, my lady. >> because i already got one answer. you said -- i had to go to training. she knew i had to. it's all about i. all about mr. pistorius. she knew. why did she not run? is that what you mean? that's what she is trying to say. and you have agreed. i had to go to training. i had to go to lunch. it is about you. >> i had things i needed to do that day. i don't understand what he means when he says, why did she have to go run? i had plans that day. it was a saturday. after training on ape saturday. usually in the morning. i had plans. i needed to attend. >> thank you. thank you. i had training.
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i had to go to lunch. i had plans. that was three is. what was the scene about? what scene? let us say that is untrue again. we will mark all the entries. >> that was true. there was, if you've read further down. she was tickling my neck or hair. and i was agitated. that's what she interpreted in making a scene. >> so you brushed her off in public? >> that's correct, my lady. >> then we go on. >> i am terribly disapin theed to know the day ended and how you -- disappointed to know the day ended and how you left me. that is important. you dropped her off and left. you didn't spend time there and try to resolve this. you dropped her off and you left. >> that's correct, my lady.
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>> was it not important enough for you? >> my lady, we did sort it out. it wasn't that it was such a big issue it wasn't going to be resolved. this wasn't the end of our relationship. i dropped her off because she had a friend with her. there wasn't the time for us to talk. i had plans later in the day. i don't know if she had plans. >> another tough day of cross-examination. there you have been watching live testimony of oscar pistorius at his trial. >> viewers in the u.s., "early start" is next. for everyone else we return you to test phone under way. >> i was here, i had plans. an irregular heartbeat not caused by a heart valve problem. that puts jim at a greater risk of stroke. for years, jim's medicine tied him to a monthly trip to the clinic to get his blood tested. but now, with once-a-day xarelto jim's on the move.
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school stabbing rampage. a student slashing his way through a high school hallway without warning, stabbing 20 students before a teacher tackles him. right now the teenaged suspect behind bars, victims lay in hospital beds. we're bringing you the very latest on this this morning. and this morning the search is narrowing for missing malaysia airlines flight 370. search crews say they could be just days away from trying to figure out where this vanished jetliner crashed. we are live with all the developments this morning. and happening right now, prosecutors grilling an olympic hero for shooting and killing his model girlfriend. can oscar pistorius convince a judge he's

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