TODAY   |  April 09, 2014

McFadden: ‘Way too much crying’ in Pistorius testimony

NBC senior legal and investigative correspondent Cynthia McFadden analyzes the cross-examination of Oscar Pistorius in his murder trial. She says the prosecution is trying to show that he had a temper.

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This content comes from Closed Captioning that was broadcast along with this program.

>> mcfadden is nbc's senior legal and investigative correspondent. cynthia, good morning to you. the guy doing the cross-examination here, the prosecutor has a nickname. the pit bull . he is tough. it seems the strategy is get under oscar pistorius 's skin.

>> very smart. because what he wants to do is show that the choir boy image he's portrayed in his first two days on the stand isn't true, that he did have a temper. it goes right to the motive in the case.

>> the defense objected to the showing of this video that we just showed, the shooting range video. they were not happy with the showing of that photo in court. what are the rules of evidence there?

>> well, it might not have been allowed here because it was a surprise to the defense, but they managed -- the prosecutor very cleverly managed to get pistorius to say yeah, i'd like to see it. open the door , judge allowed it in.

>> so if the defendant says i want to see it, the defense has no way to object.

>> backed him into a corner.

>> we have seen some emotional moments from oscar pistorius on the witness stand while he was being questioned by his own attorney and now by the prosecutor. do you think the judge will allow those weeping episodes to go on longer during cross-examination because, again, the prosecutor is trying to get under his skin, than the judge did when he was under direct questioning?

>> very interesting question, matt. i don't know whether she will or won't, but i think it's way too much crying. at this point, there's no jury in the room and i'm not sure this much crying would even work with a jury. i have never seen a defendant act like this on the witness stand .

>> it's interesting. you say it will not work with this judge. you make it sound like it's a deliberate strategy as opposed to natural emotion.

>> listen, clearly he's upset that he did it now. that's not the question in front of the court. the question in front of the court is did he do this and did he intentionally do this?

>> all right, cynthia mcfadden . as always, thanks so much.