Oscar Pistorius murder trial to resume after psychiatric evaluation

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(CNN) -- The trial of Olympic sprinter Oscar Pistorius resumes in South Africa Monday after being halted for a month-long psychiatric assessment of the athlete.


Pistorius, 27, is accused of murdering his girlfriend, 29-year-old model and law school graduate Reeva Steenkamp, in his home in February 2013.


Pistorius admits shooting Steenkamp through a closed door, killing her, but has told the court in Pretoria that he mistook her for an intruder. He has pleaded not guilty.


The state contends that Pistorius argued with Steenkamp before killing her.


On May 20, trial Judge Thokozile Masipa ordered Pistorius to report for a month-long psychiatric test to establish whether he was criminally responsible for his actions.


Psychiatrist's testimony

The testing was triggered by the testimony of a psychiatrist who said that the sprinter has suffered from generalized anxiety disorder since he was an infant, stemming partly from the amputation of both of his lower legs because of a genetic defect.


The disorder meant Pistorius had 'excessive' concerns about security and felt threatened even when, objectively, he was not, Dr. Merryll Vorster testified on May 12.


After Vorster's testimony, prosecutor Gerrie Nel filed a motion asking the judge to require psychiatric tests, arguing that if there was any chance the defendant's mental health was an issue, the court must 'err on the side of caution.'


Nel's extremely unusual move was essentially an effort to maneuver the court into considering an insanity or 'capacity' defense even though the athlete's legal team is not mounting one, CNN legal analyst Kelly Phelps said.


Phelps said Nel appeared to be placing a high-stakes bet that experts would disagree with Vorster's evidence.


Pistorius' lead defense lawyer, Barry Roux, argued against the tests, describing Nel's reading of the law as 'unfortunate.'


But Masipa ordered the evaluation, saying the defense's act of putting a psychiatrist on the stand had raised the question of the athlete's mental health.


Possible outcomes

An expert panel of doctors has been evaluating Pistorius since May 26.


If the doctors find that Pistorius was mentally incapacitated when he shot Steenkamp, the trial will immediately end in a verdict of not guilty by reason of mental illness.


That would lead to the athlete being committed to a mental institution until he was ruled not to be a danger.


But the trial will continue if the doctors disagree with the defense psychiatrist and say that Pistorius' mental health was not a problem at all.


A finding that Pistorius had 'diminished responsibility' would also see the trial proceed, with the experts' finding taken into consideration during sentencing if the athlete was found guilty.


The experts might not all agree with each other, and lawyers on either side could disagree with their report and the final decision on how to act on it lies with the judge.


Verdict

Depending on the outcome, the defense will continue with its case, calling witnesses.


At the trial's conclusion, Masipa will have to decide whether Pistorius genuinely made a mistake or killed Steenkamp intentionally.


If she does not believe the athlete thought there was an intruder, she will find him guilty of murder and sentence him to at least 15 years in prison and possibly life. South Africa does not have the death penalty.


If Masipa accepts that Pistorius did not know 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 CNN legal analyst Kelly Phelps.


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


Read: 13 things to know as case resumes Read more: Judge sends Pistorius for psychiatric tests Read: Judge lays down rules for Pistorius psychiatric tests Read: Is Oscar Pistorius crazy? State wants tests Read: Read: Read: Oscar Pistorius' affidavit to court in full Case highlights South African gun culture What life's like in a South African prison

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