TODAY | March 14, 2014
>> bloom is "today's" legal analyst. good morning to you.
>> good morning.
>> keeping in mind the judge will decide this case, let's talk about some of the events in this courtroom. on two occasions, oscar pistorius became physically ill during graphic testimony. if you're the judge sitting listening to this case, does that have any impact on you at all.
>> judges aren't robots. she may have feeling for him in the courtroom. he's clearly having a tough time. alternately crying, smiling, getting sick, but she's sworn to decide the case based on the evidence.
>> the prosecution conceded this week that at the time of the shooting, at the time those shots were fired through the bathroom door, he was not wearing his prosthetic legs. at a bail hearing a year ago, they said he was. does that damage their case?
>> i think it does a little bit in front of the judge, who have surely aware that they've changed their theory and when you combine that with a mistakes made by police, it doesn't look gad for them. but is there proof beyond a reasonable doubt that he killed her with premeditation rather than by an accident.
>> the mistakes made by the police, did the defense score some real points with that strategy?
>> they did. there's no question about that. a police officer touching the gun without gloves? are you kidding me? woodchips that are missing? the cricket bat appears to have been moved around. there's no expert analysis of the fingerprints. but here's the big difference between this case and the o.j. simpson case. in this case, we know that oscar was the shooter. the question is, why did he do it? so, really, what is going on in his head is more important than the forensics at the crime scene because we know he was the shooter.
>> maybe unfair, but was this a good week for the defense or prosecution?
>> i think it was about even. there's some important evidence that came in this week that's been overlooked. she had two cell phones with her. she was fully dressed and that bathroom door was locked. doesn't sound like a woman who got up in the middle of the night while sleeping to use the restroom. that's oscar pistorius ' defense.
>> appreciate it.