2014 news: Lawyer: Pistorius video illegally obtained

Monday, 7 July 2014

Lawyer: Pistorius video illegally obtained

NEW: The defense expects to rest Tuesday, lawyer Barry Roux says

Oscar Pistorius re-enacted his version of shooting on video

The athlete is accused of deliberately shooting his girlfriend, Reeva Steenkamp

He says he shot Steenkamp accidentally in his bathroom, mistaking her for an intruder

(CNN) -- Video of Oscar Pistorius re-enacting how he says he killed his girlfriend was illegally obtained by the Australian television network that aired it Sunday, a lawyer for the former Olympian said.

The network says that isn't so.

Channel Seven's "Sunday Night" included the video in an hourlong report on the case against Pistorius, who is on trial for murder in the February 2013 shooting death of Reeva Steenkamp.

Pistorius, 27, admits firing the bullets that killed Steenkamp, but he says he mistakenly thought he was defending himself from an intruder. Prosecutors say the two had an argument and he deliberately murdered the model and law school graduate, who was 29.

The video shows the disabled athlete walking on the stumps of his legs -- without his prosthetics -- while pretending to aim a handgun. Pistorius is also seen with his prosthetic legs, carrying his sister down a set of stairs, which is intended to demonstrate how he says he carried Steenkamp.

There was no comment in court about the video during the trial Monday.

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Oscar Pistorius arrives at court for his ongoing murder trial in Pretoria, South Africa, on July 7. Pistorius, the first double amputee runner to compete in the Olympics, is accused of intentionally killing his girlfriend, Reeva Steenkamp, in February 2013. Pistorius has pleaded not guilty to murder and three weapons charges.

Pistorius yawns during day 37 of his murder trial on June 3.

Pistorius hugs a supporter Wednesday, July 2.

Pistorius listens to evidence being presented in court on Monday, June 30.

Pistorius leaves the court in Pretoria on Tuesday, May 20.

Oscar Pistorius reads notes during his trial on Monday, May 12.

Ballistics expert Tom "Wollie" Wolmarans testifies for the defense on May 12.

A red laser dot points at bullet holes in the bathroom door for a forensic demonstration during the trial on May 12. Pistorius admits firing four bullets through the closed door, killing Steenkamp, but says he thought he was protecting himself from a burglar.

Pistorius returns to court as his murder trial resumes Monday, May 5, after a break of more than two weeks.

Pistorius gets a hug from a woman as he leaves court in Pretoria on Wednesday, April 16.

Pistorius rubs his eye Tuesday, April 15, after testifying during his murder trial.

Pistorius arrives at the court in Pretoria on Monday, April 14.

Pistorius' sister, Aimee, cries in court as she listens to her brother's testimony on Tuesday, April 8.

June Steenkamp, Reeva Steenkamp's mother, reacts as she listens to Pistorius' testimony on April 8.

Pistorius is hugged by his aunt Lois Pistorius in court on Monday, April 7.

Pistorius sits inside the courtroom as members of his defense team talk in the foreground Friday, March 28.

Pistorius leaves court on March 28. The trial was delayed until April 7 because one of the legal experts who will assist the judge in reaching a verdict was sick.

Steenkamp's mother, right, and family friend Jenny Strydom react in court Tuesday, March 25, during cross-questioning.

Cell phone analyst Francois Moller testifies during the trial on March 25. Questioned by the prosecution, Moller listed in order the calls made and received by Pistorius after he shot Steenkamp.

Pistorius cries as he sits in the dock during his trial on Monday, March 24.

Pistorius talks to defense attorney Barry Roux on March 24.

Pistorius holds his head while members of his family talk behind him on Tuesday, March 18.

Steenkamp's mother, wearing the white collared shirt, looks on while a police officer takes notes in court March 18.

Pistorius is hugged by his aunt Lois on March 18.

Pistorius takes notes Monday, March 17, as his murder trial enters its third week.

Pistorius covers his head as he listens to forensic evidence Thursday, March 13.

Forensic investigator Johannes Vermeulen, left, is questioned during the trial March 13.

Pistorius listens to questions during his trial on Wednesday, March 12.

A police officer takes part in a court reconstruction March 12. A police forensic expert said Pistorius was on the stumps of his amputated legs when he knocked down a locked toilet door with a cricket bat to reach his shot girlfriend. That counters the track star's assertion he was wearing his prosthetic legs at the time. Defense attorney Barry Roux countered by suggesting that even with his prosthetic legs on, Pistorius would not be swinging a bat at the same height as an able-bodied person.

Pistorius listens to cross-questioning on Monday, March 10.

Friends of Steenkamp's family watch Pistorius during his trial on March 7.

Pistorius covers his ears on Thursday, March 6, as a witness speaks about the morning Steenkamp was killed.

Pistorius' sister, Aimee, right, speaks with members of Steenkamp's family on March 6.

Pistorius sits in court on the third day of his trial Wednesday, March 5.

Pistorius appears on the second day of his trial Tuesday, March 4.

Members of the media work during a break in proceedings March 4.

Pistorius talks with Roux inside the court on March 4.

Pistorius speaks with his legal representatives on March 4.

Pistorius is escorted out of the court Monday, March 3, after the first day of his murder trial.

People try to get a glimpse of Pistorius as he leaves the court building on March 3.

Pistorius is seen shortly after arriving for his trial on March 3.

Pistorius walks into the courtroom on March 3.

Pistorius takes a drink of water March 3 during his trial.

The case has captivated South Africa. Here, Lauren Wentzel watches the proceedings from her home outside Cape Town on March 3.

June Steenkamp arrives at the court building for the start of the trial.

Pistorius' relatives wait inside the courtroom on March 3.

People at the court building wait for Pistorius' arrival on March 3.

Oscar Pistorius murder trial

Photos: Oscar Pistorius murder trial

Prosecutor Gerrie Nel seemed to be trying to bait a witness into mentioning it, which could have opened the door to having it admitted in court, said CNN legal analyst Kelly Phelps.

But the witness, South African Paralympic team doctor Wayne Derman, did not refer to the video.

After his testimony, lead defense lawyer Barry Roux indicated that he planned to close his case, but wanted to consult Pistorius first.

Judge Thokozile Masipa adjourned the court until Tuesday morning, when the defense is expected to rest.

Video map of events

The video was produced in October by a U.S. company hired by his defense team to help "visually map the events on the night of the accident" in preparation for the trial, Pistorius lawyer Brian Webber said in a statement to CNN.

The company, The Evidence Room, used the video to produce a "forensic animation" of the fatal events, Webber said. The defense never introduced it into the ongoing trial.

"We wish to make it very clear that the material that has been aired was obtained illegally and in breach of the nondisclosure agreement with The Evidence Room," Webber said. "Its usage also constitutes a breach of privilege as this material was produced for trial purposes on the instructions of a commissioner, and the ownership of the copyright vests in the commissioner. No permission for the disclosure thereof has been given."

CNN reached out to representatives of The Evidence Room for comment Sunday, but there was no immediate response.

The broadcast included an interview with Scott Roder, the investigator who produced the video.

Webber accuses the broadcaster of illegally purchasing the video and also violating a promise not to air it until after the trial is concluded.

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The broadcast of the material is "a staggering breach of trust and an invasion of the family's privacy," the lawyer said.

"Whilst we cannot imagine how any of the footage would not support Oscar's version, we will only be in a position to comment further once we have had the opportunity to study what has been aired," he said.

'Heart of the case'

Mark Llewellyn, the executive producer for "Sunday Night," issued a statement defending the use of the video.

"We would not have run the footage if we thought we had obtained it illegally," he said.

"The material shown on Sunday Night goes to the heart of both the prosecution and defense cases, including the account provided by Oscar Pistorius."

The video included Pistorius putting on his prosthetics to show how quickly he could do so after firing the gun.

He is also shown rushing across the floor on his stumps when prompted, to demonstrate how fast he could move without his prosthetic legs.

At the trial's conclusion, the judge will have to decide whether Pistorius genuinely made a mistake or deliberately murdered his girlfriend.

If Masipa does not believe the athlete thought there was an intruder, she will find him guilty of murder and sentence him to a prison term ranging from 15 years to life. South Africa does not have the death penalty.

If Masipa accepts that Pistorius did not know that Steenkamp was the person he was shooting at, she could find him guilty of culpable homicide, a lesser charge than murder, or acquit him, according to Phelps, the CNN legal analyst.

A verdict of culpable homicide would leave the sentence at Masipa's discretion.

READ: 13 things to know as case resumes

READ: Judge sends Pistorius for psychiatric tests

READ: Did Oscar Pistorius have time to think?

CNN's Robyn Curnow, Edwin Mesa and Carma Hassan contributed to this report.

2014 news

Monday, 7 July 2014

Lawyer: Pistorius video illegally obtained

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