STORY HIGHLIGHTS
- Prosecutors are asking that bail be denied
- Oscar Pistorius paints a detailed picture of his version of his girlfriend's death
- "I had no intention to kill my girlfriend," he says in his statement
- Prosecutors dispute Pistorius' version, say he meant to kill her
Pretoria, South Africa (CNN) -- Olympian Oscar Pistorius returns to court on Wednesday to find out if he can be freed on bail after being charged with premeditated murder in the shooting death of his girlfriend.
The charge of premeditation makes it more difficult for Pistorius' attorneys to argue he should be released pending trial. To win bail, the defense must argue that "exceptional circumstances" exist that would justify Pistorius' release.
Prosecutors have said they would ask for bail to be denied in the Valentine's Day death of Reeva Steenkamp.
Tuesday's court session ended with no decision on bail for Pistorius, 26. Prosecutors said they needed time to study the affidavits read in court before deciding how to proceed.
In a statement read by his lawyer, Pistorius said he would not try to flee or influence any witnesses if he is allowed out on bail, and he argued his release wouldn't be a danger to public order.
During Tuesday's hearing, Magistrate Desmond Nair upgraded the charge against Pistorius to premeditated murder, saying he could not rule out the possibility that the track star planned Steenkamp's death. But Nair said he will consider downgrading the charge later.
Pistorius' affidavit in alleged murder of girlfriend
A tragic mistake?
While prosecutors and defense lawyers agree Pistorius shot Steenkamp, the track star denied intentionally killing her.
"I fail to understand how I could be charged with murder, let alone premeditated murder because I had no intention to kill my girlfriend," Pistorius said in his statement.
"We were deeply in love and couldn't be happier," he said. "I loved her and I know she felt the same way."
Pistorius' girlfriend dies on Valentine's Day
HIDE CAPTION
In his statement, Pistorius said Steenkamp came to his home February 13 for a quiet dinner. They wrapped up the night with a bit of television in bed for him, some yoga for her. She had brought him a Valentine's Day present to open the next day.
After the couple had gone to bed, he said he got up in the early hours of February 14 to close the balcony door in his bedroom when he heard a sound in the bathroom.
Pistorius said he'd been a victim of violence and burglary in the past, and realized with terror that contractors who worked at the house had left ladders outside.
Fearing someone had entered the home through the open bathroom window, Pistorius grabbed his 9mm pistol from under the bed, moved in the dark on the stumps of his amputated legs and yelled at what he thought was the intruder to get out.
"I fired shots at the toilet door and shouted to Reeva to phone the police. She did not respond and I moved backwards out of the bathroom, keeping my eye on the bathroom entrance," Pistorius said in his statement.
"Everything was pitch-dark in the bedroom and I was still too scared to switch on a light."
"When I reached the bed, I realized that Reeva was not in bed. That is when it dawned on me that it could have been Reeva who was in the toilet. I returned to the bathroom calling her name," he said.
He said he threw open the balcony door and screamed for help, put on his prosthetic legs and tried to kick in the door to the separate room inside the bathroom containing the toilet. Then, he said, he picked up a cricket bat, smashing panels out of the door before finding a key and unlocking it.
"Reeva was slumped over but alive," he said.
Pistorius said he called for help and was told to take her to the hospital himself.
He carried her downstairs and tried to help her, but she died.
A premeditated murder?
Prosecutors, however, painted a different picture.
They rejected Pistorius' claim that he mistook her for a burglar, saying it would make no sense for an intruder to hide behind a locked bathroom door.
Instead, they say Pistorius armed himself, attached his prosthetic legs and walked 7 meters (23 feet) to shoot Steenkamp through a bathroom door after a heated argument.
Defense attorney Barry Roux questioned the state's argument, asking how prosecutors would know Pistorius had put on his prosthetic legs and walked to the bathroom before shooting his girlfriend.
Police were alerted to the shooting by neighbors, and residents had "heard things earlier," police spokeswoman Denise Beukes said.
Authorities said there had been "previous incidents" at the home, including "allegations of a domestic nature," but did not provide details.
Detectives are investigating the blood-stained cricket bat found in the home, Johannesburg's City Press newspaper reported. They are trying to determine whether it was used to attack Steenkamp, if she used the bat in self-defense, or if Pistorius used it to try to break down the bathroom door, the newspaper said.
Case rivets fans
The case of the global sports hero known as the "Blade Runner" has riveted stunned fans around the world.
As he walked into court in a blue shirt, gray suit and tie, frenzied photographers snapped away, prompting the judge to demand they stop.
The scene was a far cry from the packed stadiums that erupted in applause whenever the double-amputee competed against men with legs.
On social media, sentiment appeared to be mixed. "Oscar Pistorius is telling us rubbish," one Twitter user posted.
But others were more supportive after hearing Pistorius' story. "I for some reason believe Pistorius after reading his affidavit!!" another person tweeted.
Robyn Curnow and Kim Norgaard reported from South Africa; Ed Payne reported and wrote from Atlanta. CNN's Nkepile Mabuse also contributed to this report.
Pistorius due back in court; bail ruling expected
This article
Pistorius due back in court; bail ruling expected
can be opened in url
http://newspensively.blogspot.com/2013/02/pistorius-due-back-in-court-bail-ruling.html
Pistorius due back in court; bail ruling expected
