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George Zimmerman 3/5 Hearing: Witness 8 Lied, Immunity Hearing Details

(Video by Diwata Man.) A hearing was held in the George Zimmerman case Tuesday. You can watch the hearing here (part 1, begins at 11:45 in) and here (part 2.) The post-hearing press-conference is here.

The first significant motion to be heard was the defense request for a subpoena to obtain the hospital records of Witness 8, Trayvon Martin's 19 year old phone friend. (Starts at 13:40 into part 1.) The defense advised the court the subpoena was no longer necessary as the state told them yesterday the records did not exist. Witness 8 had lied when she told Trayvon Martin's parents' lawyers and the state prosecutor (the latter under oath) she could not attend Trayvon Martin's wake on Friday, March 2, 2012, because she had gone to the hospital where she spent the night. More on this at the end. [More...]

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New Details on Aaron Swartz

The New Yorker has a new article about Aaron Swartz, mostly consisting of quotes from his family and friends. It's very sad.

Aaron's former girlfriend, Quinn Norton, has an article in the Atlantic, "Life Inside the Aaron Swartz Investigation" about her experience as "a reluctant witness" in the Government's case against Swartz. The Atlantic's editors have written this post about her article. [More....]

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Kim Dotcom: Setback in NZ Appeals Court

Kim Dotcom suffered a setback in his extradition case yesterday when an appeals court in New Zealand reversed a High Court ruling that the FBI had to turn over more discovery in order to allow him to prepare for his extradition hearing. (A discussion of the High Court's ruling is here and the text of the ruling is here.) The Appeals Court says the disclosure is not required.

While the ruling is in the context of what information the U.S. must disclose to Kim Dotcom to enable him to defend against the extradition request, it also serves as a primer on NZ extradition law. The full opinion is here. The Court has also issued this press release explaining the decision. [More...]

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Bradley Manning Pleads Guilty

Bradley Manning has pleaded guilty to ten counts in the Wikileaks case, and faces up to 20 years in prison.

He is expected to be sentenced to 20 years in prison after his conviction on charges related to the misuse of classified information. He is scheduled to stand trial in June on 12 more serious charges, including aiding the enemy and espionage. A conviction on those probably would lead to a life sentence.

In pleading guilty, Manning read from a 35 page statement explaining his motives.

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OR Man Acquitted for Killing Marine He Thought Was a Bear

Eugene Collier of Oregon thought he saw something on all fours crouching at the edge of his property. Thinking it might be a bear, Collier, an experienced hunter, shot it. The target he fatally shot turned out to be Marine reservist Christopher Ochoa.

Eugene Collier admits he was shooting to kill when he fired the .270-caliber bullet that caused Christopher Ochoa’s death on Oct 21, 2011. But he thought he was shooting at a bear.

Collier, who has been a hunter for 60 years, and his grandson had gone hunting for the weekend, and were staying at Collier's cabin in the woods. When he first realized he shot a human, he froze, thinking maybe he had shot his grandson.

Collier said it wasn’t until he was 100 yards away from his target that he knew he had shot a human. “I froze. I thought the only person up there was my grandson, then I realized he wasn’t dressed like that.”

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Oscar Pistorius Granted Bail

This may have been the most long and drawn out bail decision ever. It went one way, then the other, for over an hour. It wasn't until the last 2 minutes you knew Oscar Pistorius was getting bail.

Here are the main points expressed by the judge in making his findings and rulings: [More...]

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Oscar Pistorius Bail Hearing: Day 4

Court has begun in the final bail hearing for Oscar Pistorius. The prosecutor is finishing his closing argument. He complains Oscar submitted an affidavit instead of testifying. Magistrate Desmond Nair asks: "Is he not permitted to bring the application by affidavit?" Nel says: "Nobody can force him to, he makes an election." (The correct answer is "yes".) [More...]

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Oscar Pistorius Bail Hearing Continued, Detective Removed From Case

Investigator Hilton Botha has been removed from the Oscar Pistorius case, but not suspended.

In court yesterday, the Judge questioned Botha about aspects of his testimony, but not the attempted murder charges against him. (See earlier post here.)

The new team of detectives will be led by "the country's top detective" Vinesh Moonoo. [More...]

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Oscar Pistorius: Day 3, Bail or No Bail?

At 11:00 a.m. SAT (2:00 am MT), defense lawyer Barry Roux and prosecutor Gerrie Nel will make their closing arguments as to why Oscar Pistorius should be allowed or refused bail.

Chief Magistrate Judge Desmond Nair will then make the decision. The big questions:

  • Will Magistrate Nair reconsider his prior ruling on premeditation and reduce the charge to a class five offense from a class six, which has a lesser standard to meet for bail?
  • If he stays with a class six offense, will he find exceptional circumstances for bail?
  • If he reduces the charge to a class five offense, will he find the ends of justice require bail?

I predict Oscar Pistorius will be granted bail and the judge will find Oscar is not a flight risk or a significant danger to himself or the community. I do not think he'll conclude, as many have since Investigator Hilton Botha's confused and misleading testimony yesterday, that the prosecution's case is DOA. Nor do I think the revelation of reinstated attempted murder charges against Botha will have any impact on his bail ruling, although it may complicate things. [More...]

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Investigator in Pistorius Case Charged With 7 Counts of Attempted Murder

In the "you can't make this stuff up" department: Hilton Botha, the lead investigator in the Oscar Pistorius murder case who testified at yesterday's bail hearing, is himself charged with 7 counts of attempted murder resulting from a drunken spree with other officers. They are charged with opening fire on a mini-bus filled with passengers. They allegedly were drunk and in a state vehicle.

Botha and his co-defendant officers have a hearing in May. Charges were filed in 2011, dropped, and then reinstated, of all days, yesterday. (Update: Police management is now saying the charges were reinstated days before Reeva Steenkamp's killing and Oscar's arrest.)

A police spokesman today confirmed the charges and said Botha will remain on Oscar's case. [More...]

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Oscar Pistorius: Day 2 Wrap-Up and Bail Prediction

(For what happened earlier on Day Two of Oscar Pistorius’ bail hearing, see here. What happened on Day One is here.)

The hearing resumed after lunch around 1:35 pm, SAT, with continued cross examination of Investigator Hilton Botha by Defense Attorney Roux. Court adjourned around 2:40 pm. The Magistrate granted a request by the defense that Oscar continue to be held at the Brooklyn Police station instead of being moved to a prison.

Court will reconvene at 11:00 a.m. tomorrow to hear legal arguments. The Magistrate may render his decision after arguments.

See below for what's likely to happen tomorrow, followed by what happened in the final hour of today's hearing. [More....]

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Oscar Pistorius: Bail Hearing, Day 2

The bail hearing for Oscar Pistorius resumes at 9:00 am South Africa Time. (Midnight, MT). (Updates will be at the top instead of the bottom.) The journalists I am following today on Twitter who are the source of my updates: @BarryBateman (Eyewitness News);@BBCAndrewH; David Smith (The Guardian); @AlexCrawford (Sky News); @KarenMaughan (legal journalist).

Final Update 12:45 pm SAT: Court breaks for lunch unitl 1:30 pm. "We're in terrible trouble" a junior prosecution official says when leaving court. [More...]

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