Barisone assessment

[cutter99]

@smoofox I am glad you have dodged the treats. No one here deserves to be threatened.

Apparently having common sense and attempting to look out for the best interest of others is offensive!

[CurrentlyHorseless]

@Sdel

@CurrentlyHorseless

Did Bilinkas ever claim that there were videos of the shooting?

Where have you been for the last month? Such a coincidence….

@Sdel - Did Bilinkas ever claim that he believed that there were videos of the shooting? If he thought such videos ever existed, and showed something different from the prosecution’s case, don’t you think he would have asserted it? Or obtained evidence that recordings were made and deleted?

If Bilinkas did not make the most of the supposedly “missing” videos for the criminal trial, why would he bother at this point?

[Scribbler]

@Ambitious_Kate

I’ll say this once and I hope every single person here listens and follows through. You people do realize that it is the convention, the rule, of the internet, to ignor trolls? Trolls are routinely completely ignored all over the internet every day. it is the accepted function of bulletin boards, FB accounts and groups, email groups, etc., to simply and completely ignore Trolls. Why? Because when they are ignored, THEY GO AWAY. Sorry to yell, caps for emphasis. Anytime even our personal Trolls have been ignored, they go away. I’ve watched it. Ours come back though, because they know they will always trigger someone into a snide comment or response and it all starts again. That’s all they want.

Ignore them, talking past them over and around them, not refering to them or their statements at all. Its really delightful.

Please, please just stop responding to them. Please, please please.

While this is 100 per cent true and very effective on most chat groups, it’s a very bizarre situation here where we have the actual victim or the family of victim or delegates of victim chiming in. I think that is about unheard of on most true crime chat groups. But at this stage, yes, the victim has been officially banned and the other delegates of the victim can be ignored.

[skydy]

The ignore function on COTH forums works perfectly well.

[Knights_Mom]

I’m all for the ignore too. It’s not lile there is anything worth discussing being brought up anyway. Just round 457 of rehashing.

Plus the civil trial is a whole other animal. And every gritty, dirty, nasty detail is coming out.

[trubandloki]

@CurrentlyHorseless

@Sdel - Did Bilinkas ever claim that he believed that there were videos of the shooting? If he thought such videos ever existed, and showed something different from the prosecution’s case, don’t you think he would have asserted it? Or obtained evidence that recordings were made and deleted?

If Bilinkas did not make the most of the supposedly “missing” videos for the criminal trial, why would he bother at this point?

.

[BrendaJane]

several people on the SS thread also pointed that out to her.
The flounce there though stuck as nobody was discussing the MB issue there.

[SuzieQNutter]

I am not saying LK is an attempted murderer or murderer, although if RG had moved at the wrong time on the motorbike who knows.

However I finally caught up enough to watch that show All about Pam or whatever it was called.

Everyone keeps asking why didn’t LK move?

There were 3 scenes in that movie.

1. Pam stands in front of the TV that husband and son are watching to get their full attention. She goes off about how people are treating her and they should move. In the discussion husband and son come to the same agreement and said yes let’s move. Pam does a 180, no they are not going to move.

2 & 3. Pam has individual conversations with husband and son where they both say they want to move.

Nope apparently it is better to pick a random person off the street to murder in her own home, in her own plot, to create evidence of a plot against her, than to move.

[BrendaJane]

are we going to have enough popcorn?
Do I have time to brew a batch of beer? I don’t think I can carry the needed amounts to the house!

[Sdel]

So, some people mentioned videos. The list of files the MCPO was ordered to turn over were all MP3’s, so my understanding is that none of those are video files.

Also, any of you legal eagles, I thought the judge had already issued the subpoena for the MCPO to turn over their criminal file, so why would they demand a court order to release the audios, that were not even used and only mentioned in passing? When I was discussing the update with my husband, he thought was that the reason for them saying “only if you court order it” to the judge was them attempting to get out of handing them over.

[MHM]

Sorry about your surgery. That stinks. Best wishes for a very speedy recovery!!

[KurPlexed]

@Ambitious_Kate

Ours come back though, because they know they will always trigger someone into a snide comment or response and it all starts again. That’s all they want

Yes!! Pls just ignore them. The bickering is pointless and highly annoying. Everyone here is smart enough to see what’s going on. No need to be “right”.

[ekat]

@Sdel

Also, any of you legal eagles, I thought the judge had already issued the subpoena for the MCPO to turn over their criminal file, so why would they demand a court order to release the audios, that were not even used and only mentioned in passing? When I was discussing the update with my husband, he thought was that the reason for them saying “only if you court order it” to the judge was them attempting to get out of handing

Back in June 2021, the court only ordered MCPO to turn over the social media postings by LK to SGF. Everything else was to be addressed case-by-case.

Apparently SGF issued a subpoena specifically for the audio recordings after the trial was over (although that subpoena doesn’t show in the court docs, it’s only mentioned in Mr Schellhorn’s memo to the court). So, MCPO asked the judge for direction based on his previous ruling a year ago. I don’t think Mr Schellhorn cares one way or the other in terms of the case, I think that was more of a respect for the court’s previous ruling type thing. You never want to be on the wrong side of a court order.

[Sdel]

Ok, I remembered them asking for the entire investigative file.

Another question….since SGF did not have the discovery, were they limited in their claims? Can they now go back and add claims? Is there a legal basis to add claims against LK for the renovation work that RG did because she and JK were the one who negotiated that deal in exchange for board?

[CurrentlyHorseless]

@Sdel

Ok, I remembered them asking for the entire investigative file.

Another question….since SGF did not have the discovery, were they limited in their claims? Can they now go back and add claims? Is there a legal basis to add claims against LK for the renovation work that RG did because she and JK were the one who negotiated that deal in exchange for board?

I thought that Ekat said that Barisone was the only one with a counterclaim against LK. As I understand it, SGF has a cross complaint against Barisone and perhaps RC, basically saying that any liability to LK should rest with Barisone or RC, rather than SGF.

I don’t think SGF has a civil complaint against either LK or RG. They will need to defend against LKs claim against them, but I don’t think that has to do with the renovation work.

[trubandloki]

@CurrentlyHorseless

I thought that Ekat said that Barisone was the only one with a counterclaim against LK. As I understand it, SGF has a cross complaint against Barisone and perhaps RC, basically saying that any liability to LK should rest with Barisone or RC, rather than SGF.

I don’t think SGF has a civil complaint against either LK or RG. They will need to defend against LKs claim against them, but I don’t think that has to do with the renovation work.

.

[ekat]

@Sdel

Another question….since SGF did not have the discovery, were they limited in their claims? Can they now go back and add claims? Is there a legal basis to add claims against LK for the renovation work that RG did because she and JK were the one who negotiated that deal in exchange for board?

@CurrentlyHorseless

I thought that Ekat said that Barisone was the only one with a counterclaim against LK. As I understand it, SGF has a cross complaint against Barisone and perhaps RC, basically saying that any liability to LK should rest with Barisone or RC, rather than SGF.

I don’t think SGF has a civil complaint against either LK or RG. They will need to defend against LKs claim against them, but I don’t think that has to do with the renovation

Discovery always comes after the claims, so no one was hurt by that. SGF could have countersued for whatever. They haven’t yet. That being said, RG isn’t a party to this suit. They can’t really sue (or counter sue) LK for RG’s actions. They’d have to take that up in an entirely separate matter. And if they’re going to try to make that claim just for the deal against LK, presumably MB was also part of the deal, so SGF would likely also name him, and they’d have to prove that LK and MB provided some kind of warranty or guarantee or something for RG’s work. That would be a hard case to make. I think SGF is just looking to get out of this at no cost to themselves as an entity.

[ekat]

@Sdel

Ok, I remembered them asking for the entire investigative file.

You are correct, they did ask for the whole file. Judge told them no, except the social media posts until criminal trial was complete.

They got the social media posts a year ago. They may still be trying to make heads or tails of them.

[Sdel]

Is there a way to bring RG or JK into it?

[ekat]

@Sdel

Is there a way to bring RG or JK into it?

I mean, LK isn’t going to sue them and add them as defendants. RG doesn’t have anything worth suing over and I don’t know know how there’s a case to be made against JK, especially since we know at the end he was working with Mr Tarshis to get her out of there, but LK refused to leave. It would be awfully hard to prove a) he owed any kind of duty to MB under this cause (which, at it’s basic core is LK’s injuries vs MB’s injuries) b) he either failed or was negligent in his duty and c) he failed to mitigate any damages.

His negotiations with Mr Tarshis that include finding another barn and trainer would be his best, and pretty compelling defense, so it probably wouldn’t go anywhere.