My mission is not, and has never been, to get the threads shut down. I’m not the one who gets them shut down — if you look at the archived threads, most of them are shut down due to bickering and personal insults lobbed by other posters, not me.
Yes I do, because it flies in the face of the jury’s verdict and any understanding of mens rea which has been discussed here ad nauseum and is why I specifically took exception to that “snippet.” Misstatement of legal terms is not just semantics, as I have stated here before. There is meaning behind legal terms that shouldn’t be ignored.
As to the rest of your post, I’m not trying to argue your movie in your head, especially that last paragraph. I was simply pointing out there is a significant difference between the criminal trial and the civil trial. LK’s role and actions, while significant in the criminal trial, will be magnified a thousand times in the civil trial as she is both plaintiff and defendant. One jury already had issues with her credibility in a limited capacity as evidenced by the Not Guilty regarding her story that MB shot at RG. We’ll see how that plays in front of another jury.
Given that the mods have repeatedly stated that they only act when someone brings it to their attention by flagging, suggests a certain thin-skinnedness plays a role in getting the threads locked. Since your last post in the tech help was concern over if people can see who flags whom and results of flagging….I think it is pretty obvious why you would be concerned enough to ask.
I think she understood “she had worn out her welcome”. Rather than using the legal process of giving her the thirty days notice that she was entitled to, Barisone chose to harass, intimidate and scare her because he couldn’t be bothered to wait the thirty days.
No one has answered my question as to why Barisone didn’t ask her to leave on June 1 or July 1 to vacate 30 days hence.
The 30 days notice she was entitled to as a legal tenant means he does not have the right to decide on July 25 that she has to be gone by August 7. He can request it. He can have his lawyer negotiate with her father. He can negotiate and offer to “buy her out”, but he went for harassment and intimidation, even before the gun violence. In his defense, my interpretation is that the insanity and delusions were in play well before August 7. He was not acting rationally.
He wanted to bully her out. She didn’t want to give in to a bully. If she had actually thought she was at risk of being shot and nearly killed, I think she would have made a different choice and allowed herself to be bullied off the premises.
I appreciate your legal opinion that the finding of legal insanity may absolve his civil liability in somewhat the same way it absolved his criminal liability. That has been a major question to me.
Re the NG on attempted murder of RG, I believe the prosecution’s contention that he shot at RG, but given that no third casing was recovered and no bullet actually struck RG, if I had been on the jury I would have found similarly; that the prosecution’s case was not established beyond a reasonable doubt. Even the prosecution itself foreshadowed that finding by the jury by dropping the attempted murder count wrt RG in the plea deal they offered.
I also completely agree that there are major differences on “what matters” in the civil case vs the criminal case. That’s why I think the fact that Barisone did not actually ask her to leave prior to Aug 5 matters for the civil trial. He had abundant opportunity to avoid her harassment by handing her a demand to vacate weeks earlier.
Being asked to leave a place with no actual, signed on paper lease in force, where you pay no rent for your and your SO’s domicile isn’t bullying, and is not hard to understand even if it’s not formally served.
Lots of clues she and RG and JK chose to ignore were offered , and instead she/they doubled down on their harassment, to this day even.
Maybe he didn’t think he had to since he’d ended the training agreement and staying at the house was connected with the training, and he worked out that agreement with her agent: daddy. Daddy, as her agent, accepted the notice to leave.
That’s another issue for the civil trial. Daddy was her agent, that legally obligates her to leave in accordance with her agent’s agreement. If daddy knew he didn’t have her agreement, he was fraudulently negotiating with MB by misleading him as to his authority to make agreements on her behalf.
I seriously think either RG or LK stuck a gun in his face when he arrived at the farmhouse. Again - RG testified that MB threw his hands up in the air. “Hands up - don’t shoot.”
I also believe that Rosie got out as either RG or LK was going in/out the door, and attacked MB, with the scuffle beginning as they were trying to get Rosie under control. And the gun discharged during the melee as MB and RG - or MB and LK - were wrestling for control of it. Thanks to shoddy police work by the Keystone Kops, we will never know whose fingerprints were on the gun, nor who had/didn’t have GSR on their hands.
As for who brought the gun to the altercation - wasn’t there testimony that MB told one of the mental health professionals that he remembered getting the gun from the safe? Or was it that he remembered putting the gun in the safe?
Ya, I found the assertion by @CurrentlyHorseless that LK was trying to find somewhere to move a bit of a head scratcher.
We know Daddio and MB, with the help of their lawyers, were trying to find her a place. But unless our horseless friend has access to first-hand information, there hasn’t been a shred of evidence to show Lauren intended to leave at all, let alone was actively trying to move out. In fact on Facebook she turned down numerous offers of help, places to stay, temporary stabling, and transport for her horses, remember?
But of course CurrentlyHorseless can’t possibly have any first-hand information, because she doesn’t personally know the Kanarek clan. Right?
So, you think her dad negotiating an exit at the end of July, that she refused, is meaningless?
I’ll play your game with notice for a second. All things being the same, dueling SS reports, police calls, building inspectors, SM posts, surreptitious recordings, ninja appearances, etc all remain the same. Notice is delivered by email Aug 5th, and served Aug 6th, per trial testimony. All other facts remain the same, including CPS showing up.
If the shooting never happened, what do you envision the 30 day notice accomplishes? Do you think everyone’s going to sit around a camp fire toasting marshmallows and singing Kum Ba Yah for 29 days and then LK and RG pack up on day 30 and get out, because now she has that piece of paper in her hands that is more significant than even her own father’s actions?
Or, version 2: the farm remains toxic for another 30 days. Possibly other clients leave, like the one who testified she was looking for a new barn already. MB’s got nowhere to freaking sleep short of getting an Air BnB while work can be done on the barn, ninjas keep popping up, recordings continue to happen, with private conversations still being posted on SM, etc…and on day 30 it all comes to an end, when again, that piece of paper makes her move?
Or, version 3: all of the above continues to happen, except she decides, what the heck, let him evict me. So now she and RG are dug in, while continuing their part in the toxicity at the farm. Day 31 - Mr Tarshis files eviction. Hearing is set for March 2020, because that’s about how long it takes to get an eviction hearing pre-COVID. Then COVID hits and courts are closed, and eviction moratoriums are enacted, and the nightmare grows worse and worse. How does that scenario end?
Given that both @equkelly and @RND were banned, I infer that there is a fair amount of flagging done by the posters other than me.
I do sometimes flag posts that I think violate the rules of the forum, as my understanding is that is the recommended (by the mods) way of dealing with it.
@FitzE posted that I, specifically, had flagged a post of hers for some completely innocuous word. I suppose there is a tiny chance I could have flagged her post by mistake, although I really doubt it. Unless a poster is informed of who is flagging their post, which I doubt, I conclude she just made up the assertion about my flagging her post to make me look silly.
You’re an old hand. If @FitzEs post was flagged, would she have been informed of who flagged it? Or was she just making it up?
If someone lobs personal insults at posters they disagree with, and those posts are flagged, and the thread shut down, who is responsible for getting the thread shut down, the insulter or the flagger?