Friday, February 22, 2013

FOXNews.com: 'Blade Runner' bail decision expected today - OJ detective: Pistorius evidence is overwhelming

FOXNews.com
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'Blade Runner' bail decision expected today - OJ detective: Pistorius evidence is overwhelming
Feb 22nd 2013, 10:06

A magistrate may decide Friday if Olympian Oscar Pistorius will be granted bail before trial or if he has to remain in custody over the shooting death of his model girlfriend Reeva Steenkamp.

The prosecution is expected to complete its arguments opposing bail as the hearing, which should have been completed Wednesday, goes into a fourth day. Chief Magistrate Desmond Nair then could weigh in on Pistorius' immediate fate.

Pistorius' hands trembled as he said "good morning, your worship" as the court session began in Pretoria Magistrate's Court, in South Africa's capital.

Prosecutors began the hearing by calling the Olympian's account of the shooting "improbable," and "not true." They said that it is easy for Pistorius to give his version of events because he is  still alive to give it. 

Although the prosecution has been arguing against bail being granted, some at the hearing expect Pistorius will receive bail due to rough prison conditions in South Africa, a possible long wait until the actual trial, and Pistorius not being a flight risk.

There is also a question of whether the judge will stick to the premeditated murder charge requested by the prosecution, with some believing Pistorius could instead be charged with  murder.

However, others argue that with so much potentially damaging evidence still outstanding, the judge will not want to act prematurely in reducing the charge.

Pistorius is charged with one count of premeditated murder over the Feb. 14 killing of Steenkamp. He says the shooting was accidental because he thought there was a dangerous intruder inside his Pretoria, South Africa home.

Pistorius' longtime coach Ampie Louw said before proceedings began that he is considering putting his runner back in training if he is granted bail to allow him to "get his mind kind of clear."

Louw said he realizes that the Olympic athlete might not be emotionally ready to give any thought to running.

"The change is that he is heartbroken, that is all," Louw said in the courtroom, surrounded by reporters and television cameras. "For me it is tough to see that. Not to be able to reach out and sit next to him and say `sorry, man, it was a terrible accident.' But I cannot do it, I must just sit here in court and that's all.

"The sooner he can start working the better." said Louw, who was the person who convinced the double amputee to take up track as a teenager a decade ago.

Pistorius faces the sternest bail conditions in South Africa because of the seriousness of the charge, meaning his defense lawyers have to prove there is an "exceptional" reason for him to be freed.

He has been held at a police station in Pretoria since last week, but suspects who are denied bail are typically held in a prison.

Defense lawyer Barry Roux argued on Thursday that the evidence backs up Pistorius' statement that he shot through a toilet door at his home because he mistook Steenkamp for an intruder, killing her by accident.

"I think there will be a level of shock in this country if he is not released (on bail)," Roux said in court.

Opposing bail, prosecutor Gerrie Nel argued Pistorius was too willing to shoot. The prosecution says Pistorius planned to kill his 29-year-old girlfriend, a model and budding reality TV star, after an argument in the early hours of Valentine's Day.

"The reason you fire four shots is to kill," Nel said.

Louw said he might put Pistorius - who overcame the amputation of his lower legs as a baby to compete at last year's London Olympics -- back on a morning and afternoon training routine if he is freed, believing it might help him to be able to run track again.

"You must give him space," the coach said.

Fox News' Greg Palkot and The Associated Press contributed to this report. 

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