Analyzing the facts of the Pistorius case

>>> a bizarre new tryst twist in the pistorius murder saga. carl pistorius , the older brother of oscar, is also facing a homicide charge for his alleged involvement in a motorcycle accident. this according to the pistorius family lawyer. more on that as it develops. first let's bring in legal analyst lisa greene to discus oscar pistorius 's premeditated murder charge. good to see you.

>> nice to sew you.

>> let's talk about the lead investigator who was taken off that case. there was the discrepancy of whether or not steroids were found in the house. there's a lot of things that are being put out there. is this all for a reasonable doubt case?

>> well, it's going to matter less and less as time goes on. and it definitely looked like a hectic week with some keystone kop activity. we've all been down this road before, and it's perfectly appropriate for the defense to point out holes in the investigation. but, alex, we are closer to the beginning than we are to the end of this case, and in the intervening months until pistorius stands trial, both sides are going to trache a lot of care in building evidentiary kalss to support their points of view.

>> so the fact he was granted bail, does that weigh at all once this trial starts? or is that just a matter of fact?

>> it was sort of a minitrial. in many ways some legal analysts there say the prosecution was trying to draw the defense out. pistorius has given a sworn statement. that's admissible at trial, too. so both sides have a preview, we all have a preview of what's going to happen at trial. but it's a whole new thing, a real reset.

>> it's also so different for us because this trial will be in the hands of a judge.

>> that's right.

>> not a jury. how does that change things?

>> i think it could be significant, alex. there are no jury trials in south africa . they've been abolished for decades. the conventional wisdom is judges are much less easily swayed by gossip, by public relations efforts, and by all accounts the south african judiciary is really professional. so you're going to see judge who is recognize the scope of this case. it's not just about a murder. it implicates a lot of societal issues. they are going to be sober and serious in sticking to the facts, not letting things like celebrity, money, other outside influences, influence their decision in this case.

>> what about the image of pretoria, south africa , as being not a particularly safe city, the fact he kept guns around him, add the fact he is physically handicapped, and concerned for his safety. how much does that all play into defense?

>> you know, i had an interesting comfointerest ing conversation this morning with a friend who works in south africa . he was once victimized by what he thought was an intruder entering his home. he said he was 18 years old, before i pulled out my legal weapon and before i thought about shooting, i did a mental inventory in my mind, who was home, is my mother home, my brother. it's his opinion, and i bet this is shared by other south africans , that using this self-defense defense feels in a way unfair to them, that it sort of colors their society as a much more dangerous place than perhaps is warranted under these facts. but of course it's an understandable defense and does resonate some in a country where there is a lot of violent crime.

>> we'll look forward to seeing this as this nonjury trial gets under way. thank you very much, lisa green.