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Transcripts for CNN Early Start With John Berman and Christine Romans 20140414 08:48:00

suggested that it is proof that pistorius has lied about what occurred that night. in fact, today we heard an additional detail to the state s version of events around that questioning that we hadn t yet heard, when gerrie nel said, i put it to you that you were both already up and that you then had a fight and, you know, then the killing ensued afterwards. and he s referring to that gastric content in order to try to support that theory. i have to say, i think that s probably one of the weaker points that he s been focusing on today, because as pistorius said himself, you know, in his version, he s sleeping, so he s not saying that it s impossible. he s just simply saying what he can remember in terms of from when he was awake. we also know that the expert evidence around gastric emptying, both from the state pathologist and the defense pathologist did point to huge variabilities within the academic knowledge around the speed of gastric emptying. so, it s not so important in and

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Transcripts for CNN Early Start With John Berman and Christine Romans 20140407 08:45:00

order to suggest that reeva steenkamp had last eaten at about 1:00 in the morning, and that contradicted pistorius s version of events, that they had gone to bed at about 10:00 in the evening. the pathologist began his testimony by citing very well recognized, well regarded international sources that essentially described evidence around gastric emptying as mere speculation, therefore, casting doubts on the state s reliance on this. and secondly, we ve been hearing about the order of gunshot wounds, and this is being done in order to cast doubt on the state s reliance on evidence of having heard reeva steenkamp screaming. essentially, they re saying that the gunshots were fired in such quick succession, as you can tell from the wound ballistics on her body, that it s very unlikely that it would have been reeva steenkamp who even had the capacity to scream at that stage. kelly, i know that just moments ago, really, oscar pistorius put his hands on his head, clasped his fingers behind

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Transcripts for CNN Early Start With John Berman and Christine Romans 20140407 08:44:00

kelly, any indication when pistorius might be called to testify? reporter: we certainly expect pistorius to testify once cross examination and re-examination of the pathologist is finished. the defense alluded this morning that after the special circumstance was taken into account to let the pathologist go first for family reasons, the defense team said they would then continue with the normal order of their case. and normally in south african criminal law, if a defendant is going to testify, an accused person, they will be the first to testify, so we do assume that he will be next on the stand. what are we hearing from the pathologist, and i guess, how is that fitting into how we think the defense is going to look like? reporter: well, we re hearing some crucial evidence from the pathologist at the moment with regard to two key contentions that the state made in their case through their pathological evidence. the first relates to evidence of gastric emptying. the state relied on

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