Reporter Francesca Maximé first asked Prof. Uphoff how he thought Pistorius was faring in light of the prosecution’s cross examination. Prof. Uphoff responded that he thought Pistorius was not faring well under the prosecution’s aggressive questioning and that the judge will probably not be particularly impressed with Pistorius’ answers.
As a former defense attorney, Prof. Uphoff stated that he found Pistorius’ story to be fairly incredible, especially considering Pistorius’ past experience with firearms. He noted that many defendants claim that their gun went off accidentally and they didn’t mean to shoot anyone. “While on occasion that’s true,” Prof. Uphoff explains, “more often than not they know full well when they pull that trigger there are some significant consequences that are going to occur.”
Maximé also asked Prof. Uphoff how he thought Pistorius’ testimony would impact the case because there is only a judge, and not a jury, who decides his fate. Prof. Uphoff stated that he believed the judge was listening intently and would not be swayed by the prosecution’s overly aggressive examination. However, Prof. Uphoff stated he believed the judge would not be impressed with Pistorius’ evasive responses, especially in light of Pistorius’ other gun-related events where he claimed his gun went off accidentally or the claims were fabricated.