I have said all along that the audio recordings, assuming they exist and they say what LK alludes to, would likely subject to a substantial legal scrutiny about whether a private boarding facility would fall under the public space allowance for eavesdropping.
NJ is a single party consent state. If anywhere on the property was deemed not a “public space” under the eavesdropping statute, I’d think the prosecution (in the criminal case) and/or plaintiff (in the civil cases) would be hard pressed to have the recordings admitted that LK was not a participant in.
What you and I would consider a public space vs what is considered a public space under the statute could be entirely different.
Well, they couldn’t charge LK with the crime of making illegal recordings and then try to get them admitted as evidence.
But I don’t see why, if they actually thought the recording were illegally made, it would hurt the murder case against MB to separately charge LK with illegal recording. In some states, otherwise illegal recording becomes legal if the person doing the recording suspected the commission of a felony. I don’t know if that exception applies in NJ, but the prerequisite of the felony is there.
Also, the police were informed of the recording days before the shooting, conferred with the DA, and nothing happened. That was before there was any criminal case to jeopardize.
Doubtful. Someone who’s planning to get rid of someone via murdering them and then expecting to be able to go on with their life without the other person around isn’t likely to shoot them in broad daylight and leave witnesses.
More likely MB was really angry at LK, somewhat understandably so based on her behavior. He might have carried the gun for self defense, or in an attempt to threaten. An argument occurred and in his anger he shot her.
It seems like they both suck, but MB resorted to physical violence.
OR MB didn’t have the gun, (or maybe he did) or someone who came across it at another time did and while LK was on the phone the two males engaged in a physical fight and during the fight - which may or may not have included wrestling for control of the firearm - it discharged hitting LK and narrowly missing (maybe) RGs head while LK jumped in to bash MB in the head with her phone.
LK maybe kept that last part of the story about the narrow missing bullet but whether by the fog of war or whatever reason hasn’t told or remembered the rest of it.
Obviously I agree with your statement that the absence of charges against LK/RG is not dispositive regarding the illegality/illegality of the recordings. The only way to understand the fact that LK was not charged, at the same time that the prosecution is not, according to IM, planning to attempt to use the recording in the trial is to view the legality/illegality of the recordings as “murky”.
If your post on that issue was mostly met by silence, it was probably because you very explicitly said that you were addressing the question to lawyers with expertise on the issue.
If you now say you want to hear from people who have heard the recordings, that would be IM.
So why don’t you ask him?
I think he’d be more inclined to satisfy your curiosity on his thoughts on the clean legal issue if you hadn’t added the stuff about “thoroughly disgusted”, “tippity top ten”, and “ego-driven”, topped off with a vomit emoji, but maybe he’ll be generous.
That reminds me…there is a FB post in which LK describes two guns…one specifically listing a bullet count for the magazine. I do recall that the defense asked the first responding officer if he knew the bullet count for the magazine he recovered at the scene…
If Google is not lying to me, I learned last night that the one party consent applies only to phone conversations. For recordings of conversations not conducted on the phone, you don’t need even one participant to consent.
I think the issue is solely the reasonable expectation of privacy.
What matters is what the judge decides is a reasonable expectation of privacy.
And this was necessary, why??? IM seems to be pretty intelligent and I doubt he needs you prompting him on what he will and will not respond to or how he reacts to posts. But thanks for your analysis.
Maybe clear as dirty glass… there have been similar “interesting” episodes/meltdowns throughout these threads that were genuine. #shrug
This raises a question. We have cameras over the three foaling stalls in the barn… with audio. They record as well. Would something overheard in the barn aisle on a set up like that be admissible if said evidence/conversations/action was vital to a case? If it was just like a security camera and not set up for eavesdropping? Not a boarding barn… private property.
I thought I had replied to this already but it seems to have disappeared into The Void.
I would put those percentages as 50% discussion of issues relating to the case… 35% of the sniping and insults… and 15% of the drifts in topic that happen in every thread and are sometimes needed just to recalibrate and gear down, in a way. A bit of DreadPirateRoberts here… jingles for ailing old mares there…
Speaking of which, thanks for those jingles… she is bright and alert this morning and seems ready to take on her day with enthusiasm. Cleaned up her breakfast porridge, enjoyed some scratches and grooming… so all is well - for now.
