Perhaps people were trying to be kind regarding her source of income since there is no evidence of gainful employment anywhere and hasn’t been for years. Daddy’s money? Many other options that would be illegal in most states.
Most people who win big money in lotteries/scratch-offs use a legal trust as the recipient to remain anonymous and plan for future income and heirs.
Yes, the lottery thing was probably speculation, since Lalapoprider would not say how she generates income. Nature abhors a vacuum, after all.
edited to add: and Lalapoprider doesn’t have to tell any of us anything.
STOP IT!!! Just stop talking to her!!! Please. Please.
Yes, at arraignment the charges are set forth.
I would wonder why Assault with a deadly weapon, a potential slam dunk, wasn’t done.
Attempted murder requires the element of intent to kill. All you need is that one juror to not believe beyond a reasonable doubt that MB intended to kill.
I think gun possession will probably stick. A probable felony carries a minimum of a year at least. But time served counts.
Disclosure: my experience is limited to 2 years working the arraignment part of a very busy Criminal Court.
I agree KM, I always thought the charges were odd, especially with all of the harrassing and intimidation.
What I took away from the previous discussion on this issue was that if the charge is attempted first degree murder, and the defendant thinks it is beneficial to have the jurors have the option of considering a lesser “included” charge, such as attempted second degree murder, or assault with a deadly weapon, the defendant can request that the lesser, included charges be available to the jury, rather than going all-or-nothing on attempted first degree murder.
Since MB got in his truck, drove over there, started talking to her, and then shot her twice at point blank range, based on those minimal facts, I would think “intent” is a slam dunk.
Of course, I know there are some posters who think possibly she brought the gun, or he happened to have it for defense against the dog, and the shooting was all an accident, but I think that that is so far fetched that I doubt that Barisone’s lawyers will attempt to use that theory.Were there lesser included charges? I did not see any. Just Att murder and gun charges.
True. But when she offers up that she worked hard in her 20s to be able to faff about on horses in her 40s, she introduced the topic and follow up questions are reasonable, not intrusive. (Not that you are saying they are; just a general note about people asking her questions most of which she dodges.)
Without a windfall (inheritance, lottery, family support), the lifestyle of multiple horses in full training while owner does not work would have taken an extraordinary career in ones 20s and 30s. Fast rise through I banking, development and sale of a substantial business, that type of thing.
Yes, I totally agree with you. And it must have been a pretty penny, since from all accounts all time is spent focusing on horses, rather than generating/maintaining income.
There was a discussion of this. I think of the charge itself, attempted first degree murder, as the biggest doll in a set of nesting Russian dolls.
The charge of attempted first degree murder requires all the actions of attempted second degree murder, plus some evidence of planning or premeditation. So if the prosecution cannot prove the planning element, but all the elements of second degree attempted murder, including intent, are established, he could be convicted of the lesser, included cause he of attempted second degree murder. So attempted second degree murder is the next smaller doll nested inside the biggest doll. Likewise, assault with a deadly weapon would be another, smaller doll.
My understanding is that at the conclusion of the trial, the judge instructs the jury as to whether they can consider any of the included, lesser charges, in addition to the original charge. What’s less clear to me is who gets to propose to the judge what lesser charges are considered.
So while the original charge is attempted first degree murder, I think it is conceivable that the eventual verdict could be a lesser charge (one of the smaller, nested dolls) such as attempted second degree murder. In principle, it could be assault with a deadly weapon, but I think it is going to be easy for the prosecution to establish intent.I mean, if you’re going to say you worked so hard all of your life to get here, to own horses, to ride, to train, to compete, etc. Spill the beans and tell us your success story if you’re so proud of it. I, personally, like to hear how people have become successful. It can be interesting and I have respect for those who have worked hard.
The issue of Lauren not having substantial employment now and of having access to abundant funds not earned by her to support her horse activities was not “introduced” by her. It was introduced long, long ago by “anti-LK” partisans.
She did not “introduce the topic” as you claim; the discussion is not just a series of “follow up” questions.Are there defenses that would mitigate intent?
Good afternoon all! Hope y’all are well and actively practicing self distancing today!
Just a reminder, trolls are why we cannot have nice things!
As tempting as it is to respond, we are all better off if we don’t! Let’s just let her spin, spin and spin!
groan
I think we’ve all pretty much figured out how to scroll past Yankee Doodle and ignore her, and not respond to her. It’d be great if you could to that too, LilRanger.
The issue of “intent to kill” is simply whether the jury believes that he pointed the gun at her and pulled the trigger knowing that doing so could kill her.
The defense could prevent the prosecution from establishing “intent” if they could get the jurors to believe that the gun went off accidentally in a struggle, for example. There are some posters who have provided scenarios in which Barisone was holding the gun when it went off, but the shooting was accidental.NO. If you don’t make it through basic at either Paris Island MCRD (where LK’s bf would’ve gone) or San Diego MCRD, he would not be a Marine by any standard, and DEF not by Any FMF or vet. I hope he is not representing himself as such unless he’s made it through BT. They don’t like that.
Lol, Trolls are why we cannot have nice things! I like that.
No, he could NEVER say he was a Marine if he didn’t make it through boot camp. All he could say is that he was at one time a recruit.
Maybe that’s what started this whole fiasco. Although MB seems to have been lacking in legal knowledge as far as subletting rooms.
By submitting your email, you agree to our Terms of Service and Privacy Policy. You may also receive promotional emails from The Chronicle of the Horse. You can opt out at any time.
For Customers
Company
Terms of Use