TorisMom003
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- Nov 3, 2009
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BBM: Yes, one could say that. But, I submit to you, that's not why Nel put that picture into evidence.
And, I guess we can change relevance of it from being murder-day damage (as people had been saying...) to evidence that OP must not have been THAT afraid of intruders. And I suppose you can make the stretch that because OP didn't seal up his house like a maximum security prison with bars on the windows and barbed wire and Rottweilers that he must not have been THAT paranoid. Or that he didn't get a broken window fixed the very same day it broke as further evidence. But it is, I say, a stretch.
I had said that Nel had put such photos up to put an idea in people's and the judges' heads. That's all it takes, one picture, and people can fill in the blanks for themselves. I'd speculated that he either didn't know if there was a reasonable explanation for them and put them up anyway or he didn't know and didn't bother to find out. But if Nel knew there was a window pane in the garage then he must have known there's a good chance it was for the broken window and that it wasn't related to the murder. That's just blatant.
And I would disagree. The defense's case has been that OP was deathly afraid of intruders breaking into his home to kill him or cause harm to him. Why else would Roux have OP go through his life story today making sure to note all of the times that OP has reason to be fearful of others? I feel sure that Nel knew that the defense and OP would use those things in their defense, after all OP is claiming that he thought it was an intruder and that he knew of the statistics of crime in SA. Nel simply entered into evidence a picture of a broken window on the ground floor that casts doubt onto OP's claims of fear of intruders.
As soon as Nel is allowed to cross examine OP I am sure that he will address the broken window and why he admitted that picture into evidence. I also feel sure that Nel will say something to the effect of it showing that OP was not as afraid of an intruder as he has claimed as well.
During the cross examine, we will see why Nel entered it in as evidence.
MOO