mr. pistorius don't have, i don't see mr. storius as a victim at all. >> okay, let me say, the fact that he's not being invited to address people at huge gatherings, who do you blame for that? >> mr. pistorius can only be blamed therefore himself. >> see, what's that i thought, but that's not what i read. he can only be blamed for himself because he killed someone. am i right? why should he be blamed? because he killed someone and was convicted. am i right? >> that is correct in terms of the court's ruling and judgment. >> now, if you would just open what you have there in front of you at page 108. >> page 108. >> yes. excuse me, sir. >> sorry, i just wanted to ensure that the court is ready. you're there. do you see the e-mail on the 22nd of september to mr. webber. am i right? >> that is correct. >> and you said, this is a photograph of oscar addressing an audience on disability awareness. >> indeed. >> and what did you then say? >> these platforms are now all taken away by the state and media. >> so the state and the media

mr. pistorius, for mr. pistorius is compromised and damaged by the constant damaging attacks against him. he feels that this has been premised by inaccurate facts regarding the shooting incident. mr. pistorius expressed his horror at leaked photographs of the scene of the shooting. viewing this as disrespectful to miss steen kam. and others who are close to miss steenkamp. the weight that the loss of miss steenkamp by his own actions has had on mr. pistorius is incalculable and cannot be quantified. added to this is mr. pistorius's awareness of the pain and suffering that the steen kam. and pistorius families have suffered as a result of miss steenkamp's death. mr. pistorius is suffering from ptsd and major depressive disorders as diagnosed by dr. bosh, his psychiatrist -- >> we're now watching the opening of the sentencing phase for oscar pistorius, the olympian who has been found guilty of killing his girlfri d girlfriend, reeva steenkamp. we're now hearing from his personal therapist, dr. lore harts harts

mr mr. pistorius. is there anything i need to know before the court adjourns? >> no, my lady. i indicated to court that i would address the court. i've had a look at section 103 of the act. >> yes. >> section 103 automatically, as soon as -- >> which act are we talking about? >> the arms examination act, section 103. >> which one? >> arms and ammunition act. >> 1969. >> 60 of 2000. >> have i got the citation incorrectly? >> the accused was convicted of convening this act, act 20 -- 60 of 2000. >> 60 of 2000 but what is the name of the act? >> it's the firearms control act. >> i thought so. >> yes. >> thank you. >> section 103 of that act, my lady, in terms of section 103, if -- unless the court determines otherwise, a person becomes unfit to possess a firearm if convicted of "f," any other crime or offense or commission in which the firearm was used or handled by any participant in the offense. that in itself declares the accused unfit. >> in other words, it's automatic. >> in section 103, my lady, a court which is contemplated in subsection 1 as by the determination contempla

mr. pistorius shot through the locked bathroom door thinking he was defending himself. mr. orius' girl friend, sleeping next to him was not in the bed, apparently that did not concern mr. pistorius also there was testimony that a they had been fighting and woman heard scream before and during the shot. nevertheless, mr. pistorius was found not guilty of premeditated murder by a judge saying he only committed gross negligence. then the judge imposed an unbelievably lenient sentence. joining us from miami is judge ferrera. am i making any mistakes in my summation, judge? >> no, bill, you pretty much summed it up well. i think he claimed that he didn't know she left the bed. >> how could you not know she had left the bed? >> he said that the room was so dark that he didn't notice it but he also didn't make any attempts to notify his girlfriend that there was a burglar in the house. i really didn't buy his version and frankly i would have been likely to convict him of murder either premeditated or non-premeditated murder. >> in my opinion, what the defense attorneys put forth wa

mr. pistorius was the patron of that, and also mr. ius conducted various events for them to raise awareness and also raise funds for the kaley campaign. >> i assume every time free of charge. >> free of charge on his own cost and time. >> that is oscar pistorius's manager giving evidence. let's go over to pretoria. my colleague karin giannone is in court. it's been an interesting morning so far. >> reporter: it has, geeta. we're on to witness number three. as you said, oscar pistorius's athletics manager. earlier in the day, we started with his personal counselor and psychologist. since the day he shot reeva steenkamp. she spent quite a deal of time on the witness stand. then we heard from the department of correctional services, or the prison service, and one particular witness who the defense brought who recommended that oscar pistorius was not given a custodial sentence. instead, served a community service order. this is a little of what he had to say. >> how many years did you have in mind? >> in terms of? >> 276-c. how many years

mr. pistorius don't have, i don't see mr. pistorius as a victim at all. he can only be blamed that for himself. >> last month, he was found guilty of culpable homicide, in this country considered manslaughter, in the death of reef stein. he faces up to 15 years in jail. >> puerto rico is under a hurricane watch and another storm could be headed for hawaii. >> lets bring in meteorologist nicole mitchell right now. >> as we get out this morning, this storm, we've been watching it for the last couple days. the hurricane is a category two, but just on the cusp of category three. i wouldn't be surprised if this is named a major hurricane. skirting to the north of the islands, that's good, the weaker side is on the south. still, you can see some rain. you can also see in the latter frames, there was banding on the radar, so starting to see an eye form up on this storm as it becomes more intense. this could be headed toward about her immediate da over the next few days. we also have another system well out into the ocean. this would be a hawaii impact for the we

mr. nell was adamant that this does not make mr. pistorius special.s that mean that no disabled person can ever go to prison? and of course we'll see that battle continue tomorrow as he continues trying to chip away at her evidence to his cross-examination. >> and be sure to stay tuned to cnn for live coverage of today's court proceedings in south africa. it's scheduled to begin about two hours from now. john? >> and in the meantime, we'll take a short break. when we come back, bowe bergdahl made international headlines when the taliban freed him in a prisoner swap. but months later, he still has not seen his patierents. new details on what he's doing now and why many are not waiting for his return. ♪ yeah, girl ♪ you know, i've been thinking about us ♪ ♪ and, uh, i just can't fight it anymore ♪ ♪ it's bundle time ♪ bundle ♪ mm, feel those savings, baby and that's how a home and auto bundle is made. better he learns it here than on the streets. the miracle of bundling -- now, that's progressive. >> welcome back. the story of bowe bergdahl's release af

mr. pistorius, stop. after he has killed someone. you blame the media. >> yes, i are in fact received invitations for mr. pistorius to do indeed address audiences in terms of sharing his life story and his achievements and the hope of inspiration to people. a sentence such as imprisonment will severely impact on the accused as a person. >> disabled people should not be imprisoned? >> that is not what i said my lady. i know of disabled people in wheel chairs that are in prison. what i'm trying to say is it is more difficult, my lady. it cannot be disputed. >> now, it is difficult for anybody. you're thinking that the prisons cannot cater to disabled people like the sick. whatever he would want, you're wrong, they can't. if that was done, would you change your view? >> no, my lady because my opinion is that the accused is vulnerable. >> that's how things ended yesterday. our reporter is following developments outside the courthouse. she joins us live just an hour before we expect proceedings to get under way. what we didn't see in that review there, diana was the moment yesterday when we found out pistorius

mr. pistorius was taken to prison, he has the power to do that. arguably it would have made the task for the judge much easier when deciding where to send mr. orius to prison. >> but he then said he would go into a hospital facility, but do you think that would have served the state's argument? >> well, the problem is with the assessment process, the key feature is that it is discretionary, if that were to happen there is nothing that the court could do. it is essentially in the hands of the person doing the assessment. and there are double amputees in prison who are in communal cells and haven't been given special protection. >> that of course is a problem, where they say look, there are many others suffering the inadequacies of the prison system, just because it is oscar pistorius doesn't mean he should not go to jail, too. >> actually, what i hope is that this case might raise attention to the plight of the other prisoners, rather than treating everybody in an unconstitutional or inappropriate way. hopefully it would be a path for those to receive human conditions. >> because you have been in the prisons and seen the circumstances for dis

mr. pistorius, we took one day at a time. >> there is no legal minimum sentence for culpable homicide in south africa, so it will be judge to decide. we should point out that the however brokens mr. pistorius is, he has the opportunity to go on and love again. and doesenkamp is dead not have that opportunity. >> it's sure that's exactly what thinking.s were >> coming up next, some tips from doctors for those baseball out there staying up past their bedtime this postseason. to knowing thee different symptoms for the three scary viruses, ebola, the flu.us and >> and there's still time to join the discussion for our question of the day. redskins fell to 1-and-5 on the season with last night's painful loss to arizona, can the team turn things around? we invite your comments and your suggestions. positive suggestions. right now on our facebook page. we'll be right >> well, of course the past month has seen the emergence of enterovirus d68, as two frightening life-threatening illnesses. and with flu season now it'sially under way, important to know what separates these illnesses from far more illnesses. hollie breaks down the symptoms. season and enterovirus d68, and a very small threat of ebola, and yourself a real virus storm. health officials warn the catchingd of anyone ebola in this country is very low. but since the death of a ebola inman from texas, hospitals are on alert. enterovirus d68, hundreds of people, mostly children, have virus.agnosed with the although it's not usually known to cause severe problems, some with immune system or breathing problems are having severe reactions. is which?u tell which all three come with fever. ebola symptoms, however, are with heavy, sweating, diarrhea, vomiting, stomach pain, and unexplained bleeding or bruising. doctors say unless you've been in close contact with someone with ebola, you cannot catch it. can causevirus d68 mild to severe respiratory problems as well as a runny cough and body aches. severe symptoms may include difficulty breathing. with the flu comes chills, sore throat, fatigue, headaches aches.y best way to avoid problems? see your doctor and get your flu shot. all people over the age of six beths nowb -- should inoculated to protect against influenza. >> now to a 7 on your side health alert. the mlb play-offs are in full swing but doctors say late-night games can actually be bad for health. nats know what we're -- nats fans know what we're talking about. doctors say that cheering on your team could be bad for you, even if you're not getting sleep. irritability -- irritable, more moodily. >> don't worry. choose betweento sleep and your team. doctors say you should take a don't overcompensate with too much caffeine. biggestat's your problem in life, that you're too tired from watching baseball, you're doing pretty well. >> as long as your team wins. >> speaking of winning, last night's redskins loss has fans contemplating where the team go. >> all right, folks. so we're asking you, can the team's year be salvaged? >> ty joins us now. >> things are of tough when they start talking about next season. a good sign. >> already. >> already, right. >> fans are asking if things will ever get better. scott says the skins have the same chance of salvaging the season as the nationals do of world series. ouch. that hurts. no.n says robert to be for hurt so curt could play, well, you got it. are you happy now? that's harsh. now, we have a lot of other topics on here that we could about regarding the redskins. some we can repeat, some we can't. join the you to conversation by going to our wjla facebook page. you. back to >> now let's look ahead to see newss coming on on abc 7 at 5:00. thousands converge on the lincoln memorial, all with the same goal. why faith played a big role in today's event. flying new idea to make easier. more on the airline that's this friendly seating, all coming up at 5:00. >> but first let's get a check on our weather. it's going to ramp up as the next couple days come along. fog.day, drizzle and same tomorrow. it will be warmer. then wednesday is the big weather day with the storm center. a lot of rain on wednesday. we'll give you a look at things. from the view live camera. same view we had from the here with clouds, low clouds and drizzle and fog. but no rain being detected anywhere close to the d.c. metro area. 62 right now. calm.are 15/100 of an inch of a rain on the rain gauge. currently 74. a little warmer temperatures farther south from the nation's capital. but pretty much a clean sweep. the droplets and drizzle are so that the energy from the transmission, blows through and we don't even get a return. the droplets have to be bigger. make no mistake. the rain that's coming from this system, the rain droplets are and a lot of them. we're going to see a line of violent and severe weather in progress now, all the way to the louisiana gulf coast. this whole system will advance eastward. to haveult, we're going rain here on the day on wednesday. some will be quite heavy. for the moment, we're mostly in 60's. 68 at reagan national. 64 in frederick. and our futurecast shows the timing here through the day tomorrow. the winds are changing direction. dour thesunshine going afternoon. -- during the afternoon. midnight tomorrow night, wednesday morning. it will be wednesday afternoon when the big rains move our way. cloudy,, overnight, drizzle, areas of fog. temperatures in the 60's. breezy,, in the 70's, with a little bit of sunshine. wednesday, rain and thunderstorms, gusty winds. later thursday. right now, friday, saturday and sunday look very nice. >> all right. good.that's something to look forward to. thanks so much! let's get a check on the traffic afternoon from bob in the traffic center. hour on typical rush this federal holiday. lighter volume for the most part -- 66.on 6 the reason is, only three lanes instead of four. the rules have been relaxed for today in virginia. therefore, you don't have that on 66.lane going west eastbound into falls church and on i-90, you have volume. we also had a crash and that's 234.after now out of the roadway. open.th the lanes let's see what things look like on 270. normal.ly lighter than we're seeing fog starting to move in. heading north to montgomery well, intoty clarksburg and traffic is doing pretty well here on 66 in vienna. i'm bob in the traffic center. >> thanks, bob. on abc 7 news at 4:00, the u.s. military turns to a new tactic as isis forces >> growing concerns that u.s. air strikes are not doing enough advance of isil in both syria and iraq. beinganne shows us what's done and new tactics the u.s. forces are now using to protect baghdad. >> smoke billowed over the syrian city of kobani today. u.s. led air strikes are trying blunt the advance of isis militants, but u.s. officials are acknowledging that the air strikes have done little to stop the militants' onslaught against kurdish border town, because isis is changing its tactics. >> isis is blending in to parts the sunni population and they target.harder to they know how to maneuver and how to use populations and concealment. >> a humanitarian crisis is unfolding as kobani threatens to fall. 200,000 residents have fled into turkey. the u.n. has warned of a possible massacre of those who remain. isis also continues to threaten coming within 15 miles of the baghdad airport. so close that the u.s. had to in apache attack helicopters for the first time. >> i have no doubt there will be use indirect fire into baghdad. >> in a welcome concern, turkey help trainto moderate syrian opposition forces to fight isis militants turkey says there is no agreement on letting the u.s. and coalition forces use its bases to launch operations against isis. >> we're continuing to talk to about other ways they can play an important role. 23 defense, 237 -- leaders from the coalition are expected to meet with president obama. is expected to ask them to do more in the fight against isis. in washington, abc 7 news. >> abc 7 is giving you a voice u.s.e debate over the response to the isil threat. this thursday, 8 p.m., abc 7 and station,r newschannel 8, will host a live, thatnal town hall on terror threat. you can watch that live and we have details on how you can join audience on wjla.com/townhall. 4:00. it for us here at abc 7 news at 5:00 starts right now. the abc 7rom broadcast center, this is abc 7 news at 5:00. side.r >> a local bar rendezvous ends health scare and a virginia man arrested. why he's accused of trying to hiv.mit this case is alarming and it could lead to a serious health alert. all started with a meeting at a bethesda bar. >> sources tell abc 7 28-year-old daniel cleaves picked up a college student and the pair spent three days together. >> afterwards, the woman discovered he had hiv. tove is life in bethesda explain why more women may have reason to worry. >> we have learned that it was where daniel cleaves met the alleged victim, a female college student. learned from other bar employees around bethesda was a familiar face in the summer months. they express their concerns that hooked up with other women. 28-year-old daniel cleaves came fiddle ine harp and july. a source close to the investigation says at the bar he female college student. they went back to her place and to unprotected sex seven nine times, even though he is hiv positive. >> i think you need to tell up-front about that. absolutely. allegedly -- cleaves tell theedly did not women. fore's putting her at risk a chronic, deadly disease. >> cleaves faces seven counts of attempt to transmit the hiv virus. needs to doaves time. >> it's immoral, something very serious. and he completely handled it the wrong way. >> but the defense attorney this case raises complicated questions. >> we're talking about a person withad intercourse somebody they met at a bar. this person did not use any kind of protection. were -- there were presumably no questions asked about mr. cleaves's medical history. >> now, we've also learned that cleaves is under investigation where he isounty from. we have also learned that the alleged victim discovered he had

mr. roux has finished his final push for the defense trying to convince the court the judge should issue a non-custodial sentence. mr. noll says prison is the only option in this case. >> the celebrity of pistorius is central to the sentencing face. the prosecution says he should not get special treatment because of the celebrity and the defense is saying because of the notoriety that has come his way during the trial, he needs to be treated differently. >> reporter: yes, absolutely. the defense took pains to point out a number of other cases that are substantially similar to pistorius' case where a non-custodimedial sentence was given. >> and what about the guidelines, kelly? we talked about this and how different this system is in south africa. in the united states, there are sentencing guidelines. any official parameters here for how long he could or might serve in prison? >> reporter: no. there are no statutory parameters. there are only common law parameters. in other words, she is bound by the guidance issued from other cases that have come before. it can be anything from a non-custodial sentence or supervision. it is all down to both legal teams now to convince her where on that very broad spectrum this case should be placed. >> his demeanor has been an issue since the beginning of the trial. what is it like right now? >> reporter: he was incredibly emotional when barry roux was speaking about the impact of the case has had on him. he has seemed to gather himself again. in fact, when noll started with the aggression, it seemed to bring anger out in mrpistorius as well. >> kelly phelps for us in pretoria. thank you. we will check back in with you over the next few days. >>> developing news in hong kong this morning. hundreds of police with shields and wire cutters launched a dawn raid on a protest camp blocking a major intersection for weeks. police tore down blocks and barricades. many protesters did not put up resistance. they occupy a major thoroughfare. >>> the youngest son of vice president joe biden was discharged from the navy in february for testing positive for cocaine. the 44-year-old biden is now a manager partner in the inve investment firm. >>> we have the giants and the royals in the world series. andy scholes has the details in the bleacher report next. a mouth breather! how do you sleep like that? you dry up, your cold feels even worse. well, put on a breathe right strip and shut your mouth. cold medicines open your nose over time, but add a breathe right strip, and pow! it instantly opens your nose up to 38% more so