Barisone assessment

[ekat]

@Sdel

Interesting stuff since LK claims to have a recording of the conversation and has since deleted her claims about having recordings of MB’s discussions with his lawyers

I think Mr Tarshis made it pretty clear that recordings of MB speaking with him existed at some point, based on her posts of word for word quotes on social media. I wonder if those recordings are part of the 81 or if they disappeared.

[3PonyFarm]

@ekat, even though MB was not able to claim self defense in the criminal trial, can he claim it in the civil trial?

[ekat]

@clanter

back in the older days I was involved in some court cases regarding recording (video specifically) …unless there is documentation to prove the validity of the recordings who is to say these were not altered?

We had to water mark each frame of video to show that continuity was not broken or altered

Absolutely they should be authenticated in some way by whatever party wants to use them. It’s not impossible for that to be a reason they weren’t used in the criminal trial - because no one could authenticate and prove they hadn’t been altered.

[Sdel]

@ekat

@Sdel

Interesting stuff since LK claims to have a recording of the conversation and has since deleted her claims about having recordings of MB’s discussions with his lawyers

I think Mr Tarshis made it pretty clear that recordings of MB speaking with him existed at some point, based on her posts of word for word quotes on social media. I wonder if those recordings are part of the 81 or if they disappeared.

She directly put on RC’s FB page, Sept ‘19, that she had a recording of them whispering about giving him the gun and how it was part of a murder plot or negligence and endangering children and that it was allowed to go missing 3 days before the shooting. The news article about RC’s charges said that discussion was in the office, and I don’t remember if the testimony at trial confirmed that or if it was somewhere else. She’s further made references to transcripts having been made of it and being able to hear the horses moving around.

[ekat]

@3PonyFarm

even though MB was not able to claim self defense in the criminal trial, can he claim it in the civil trial?

He doesn’t need to. He is alleging diminished capacity caused by LK and her comparative negligence (she was more responsible for the situation than him) and her duty (or failure to) mitigate her damages - like leaving at any given point before Aug 7th.

All he has to do is convince a jury that she contributed to her damages more than he did by a) driving him crazy and b) not getting gone.

We’ve already seen how one jury felt about his mental state.

Meanwhile, LK’s team is going to try to prove he’s got anger issues or is violent, or what have you, and conspired to kill her, and all those other things she’s hinted at all over the internet. I guess we’ll see if it works.

[Sdel]

@ekat

Absolutely they should be authenticated in some way by whatever party wants to use them. It’s not impossible for that to be a reason they weren’t used in the criminal trial - because no one could authenticate and prove they hadn’t been altered.

I wonder how SS would approach these recordings if they can’t be authenticated….would they use them or discard them? It almost seems criminal the idea that they would ban someone over evidence that could somehow be doctored or otherwise edited.

[ekat]

@Sdel

She directly put on RC’s FB page, Sept ‘19, that she had a recording of them whispering about giving him the gun and how it was part of a murder plot or negligence and endangering children and that it was allowed to go missing 3 days before the shooting. The news article about RC’s charges said that discussion was in the office, and I don’t remember if the testimony at trial confirmed that or if it was somewhere else. She’s further made references to transcripts having been made of it and being able to hear the horses moving around

It will be interesting if we ever actually get to hear any of the recordings.

[3PonyFarm]

I read that A.I. voice cloning or whatever the technical term is has become very advanced and easy to do. It was used to recreate Val Kilmer’s voice in the new Top Gun movie but it can also be used in crime such as phone scams. I read that voice mail and answering machines should use an automated message rather than your own voice. Even my niece in HS knows how to duplicate voices. Not me, that is definately technology that is out of my grasp.

[ekat]

@Sdel

I wonder how SS would approach these recordings if they can’t be authenticated….would they use them or discard them? It almost seems criminal the idea that they would ban someone over evidence that could somehow be doctored or otherwise edited.

I don’t know much about SS. I knew next to nothing about them three months ago, lol. But they’d be foolish, in my opinion, to use those recordings for anything. There’s still an issue as to whether or not they were made legally in the first place. I mean, under oath, RG and LK didn’t even tell the same stories about when, where and how they recorded. Then add on the rest of the issues - seems like it would be grossly unjust to strip someone’s livelihood based on some questionably legal recordings.

[MHM]

@Sdel

She’s further made references to transcripts having been made of it

By her mom?

[MHM]

@3PonyFarm

I read that voice mail and answering machines should use an automated message rather than your own voice.

Eek. That’s interesting in a bad way.

[Sdel]

No, LK originally claimed forensics/police did it, or would do it. Seeker is the one who claims she did it and they didn’t realize it was a plot they were listening to until after the shooting.

[MHM]

@Sdel

No, LK originally claimed forensics/police did it, or would do it.

LK, who testified under oath in court that she lies a lot on social media?

Just had to put that out there as a reminder once again.

[clipper]

Thank you Sdel for the pdf. Very appreciated.

[eggbutt]

So, will the civil trial(s) be jury trials? Would they be of interest to L&O to televise or are civil trials too different from criminal trials to be of interest? But wait, wasn’t the Depp/Heard trial a civil trial?!

[Sdel]

A jury has been requested….total of 6 jurors.

Law and Crime might not have ordinarily been interested, but they may be this time because of the NGRI/NG criminal trial. They might feel their fan base would want more backstory on the criminal trial.

[MHM]

How did the number of viewers compare to other trials? Is there any way to know? Maybe from the number of comments on their YouTube channel?

[Sdel]

The verdict got 57k views to date.

[MHM]

Is that a lot compared to other cases?

[Sdel]

It’s kind of hard to tell…they have quite a few in that range….and then the much more high profile ones blow way past that…