Barisone/Kanarek Legal Filings (Public Record)

[Joanne]

@MorganSercu

Anyone here familiar with the concept of an extinction burst?

No, not familiar. Looked it up, wasn’t hard to do at all.

Thanks for sharing that.

[Denali6298]

@NotGrandPrixYet

So then does that mean he is claiming self-defense in the court documents? That’s what I don’t see, And why I can’t connect the dots.

I could be wrong, but I don’t think claims in a civil suit can influence or need to be the same as the criminal trial. Then again I cannot think of a case where the civil suit was initiated before any real headway in the criminal trial.

So he could very well plead not guilty and claim self defense in the criminal trial while using a different reason in the civil trial.

I hope one of the lawyers here will correct me if I’m wrong.

[NotGrandPrixYet]

@SierraMist

I’ll chime in here - don’t usually participate on forums but have been reading this. I’m sure his attorneys would use the accidental shooting defense if there wasn’t overwhelming evidence to the contrary. And in all probability, he probably admitted to the shooting to the officers who responded and before he retained legal counsel who told him not to speak. And there could also be audio/video of what went down. Any good defense attorney will grasp at all defenses possible. In this case, it appears his attorneys are going for the provocation defense which will be an uphill battle. The prosecution will show that any reasonable person would not go to another party, borrow a hand gun, drive the distance to the house where LK was all in the heat of passion. Too many steps, intent was clear when he borrowed an unlawful hand gun. The gun charge alone has steep sentencing guidelines (New Jersey has some of the strictest gun laws in the nation) without adding in that it was used to gravely wound someone. If it was reasonable that a person could shoot someone over harassing words, there would be a lot of wounded and dead ex-spouses. No matter how reprehensible anyone thinks LK is, the provocation defense of SM words and a landlord tenant dispute which heated up in a week or so, just doesn’t fly when a juror has to decide if what MB did was what any ordinary reasonable person would do.

Thank you. Provocation defense is probably the thing that ties what everyone is saying together for me. Your answer makes a lot of sense.

[eggbutt]

@NotGrandPrixYet

So then does that mean he is claiming self-defense in the court documents? That’s what I don’t see, And why I can’t connect the dots.

We can only see the Civil documents. Yes, he is apparently claiming battered syndrome defense. Much is mentioned on page 1 of the thread.

Snippet from post #5:
“As a direct and proximate result and consequence of Kanarek’s wrongful acts, actions, and omissions, Kanarek cause injury to Barisone including but not limited to: (a) placing him in fear for his life and physical wellbeing; (b) placing him in fear for the lives and physical wellbeing of Barisone Family members; © placing him in fear for the lives and physical wellbeing of Barisone’s business staff, clients and the horses owned and/or boarded by Barisone at his dressage farm; (d) emotional distress, including emotional distress with physical manifestations; (f) traumatic stress; (f) emotional breakdown; (g) post-traumatic stress; (h) battered-person-syndrome; (i) psychiatric ailments and eventual breakdown; (j) destruction of his state of mental peace, tranquility, enjoyment and stability; (k) injury to his business; (l) injury mental state; (m) unlawful invasion of his privacy; (n) property damage; (o) irreparable harm; § financial harm; (q) physical harm; and ® other injuries.”

[FitzE]

@JFJ

I had no idea who MB was when I first heard the news of the shooting. People were posting the news reports on Facebook and I read them. I’m not into Dressage so the names were not familiar to me. I do live in NJ but about an hour from where this happened. I was curious about what happened. But there wasn’t much details. Then someone on Horse Show Diva mentioned the victim had a reputation and was arguing with people on the forums here. So again I was curious and I’ve been hooked ever since. Mostly because
LK posting is so fascinating and you can’t make this stuff up! And have followed every thread.
I came into it not on any side. The posting by LK both here and on other social media sure paint a picture by her own hand. No she should not have been shot. But I like the comparison someone made earlier…just because I don’t like Carole Baskin doesn’t mean I like Joe Exotic.

This 100% describes me. No connection whatsoever. Saw it on horsey friends’ fb pages. Came here (actually for Olympics tix) and found these threads.

But, beware, you will now be accused of nobly stating that you aren’t pro-MB. Mocking and dismissing your own presentation of your own reality based in truth is a classic technique of the abusive. But you know you don’t know or care about MB, as many of us don’t, and we believe you.

This is clearly the dressage version of Tiger King. Everyone involved is unattractive in their own way. No good guys, literally no one to root for. Just chaos, mess, pathology, and incredibly bad decisions at every turn by every participant. The analogy is almost too spot on.

[YankeeDuchess]

@eggbutt

Well dang!!! Even MB’s high dollar attorneys are now subject to victim blaming if they stated in their brief LK was on the property illegally and she should have avoided any injury by leaving the property. Goodness. I guess we’re in good company at this point. But, but, but, but…they are paid to do that, right?

"The counterclaim allegations tell the story of how Ms. Kanarek stalked, harassed and threatened Mr. Barisone, intentionally inflicting upon him emotional harm and distress of such magnitude that she cause the incident to occur. "

I keep trying to make the distinction between MBs defense in the CIVIL case, in which I have said bringing up the harassment and emotional abuse is legitimate, and his defense in the CRIMINAL case, in which I claim it is not. 

If he had brought a CIVIL case against her (for cyber bullying, harassment, defamation, eviction) before and instead of shooting her, there would not be a need for the criminal defense lawyers.

[eggbutt]

So happy the obtuse person now has a thorough knowledge of criminal law and what Ed Bilinkas may be planning. I’m not even sure MB knows what strategy he will take at this point. But you keep on claiming away. It’s all good.

[NotGrandPrixYet]

@YankeeDuchess

Ok. I’m still happy to apologize if someone is willing to explain it to me. As I have said before, any obtuseness on my part is not feigned.

Then there’s a lot that can’t be explained to you, because you are obtuse A LOT, and when we try to explain, you still don’t get it. I truly thought you were faking it, but maybe not.

[Sparky]

@FitzE

Yes. When someone chucks a tanny I think it’s good. But when we hit a 20-year low in decency I think naming and shaming is the better approach.

But for the regular schtick, yes, I’m on board 100%.

Normally, I’m on board too. But this was just too much. I’ll try to do better

[Denali6298]

@NotGrandPrixYet

Then there’s a lot that can’t be explained to you, because you are obtuse A LOT, and when we try to explain, you still don’t get it. I truly thought you were faking it, but maybe not.

I think YD just needs to open her mind. Until then, I doubt anyone has the patience to type their responses in a See Spot Run sort of way.

[FitzE]

@NotGrandPrixYet

Then there’s a lot that can’t be explained to you, because you are obtuse A LOT, and when we try to explain, you still don’t get it. I truly thought you were faking it, but maybe not.

So true. No explanation goes without dissection, twisting, word salad throwing, and disingenuous “gee, I just didn’t/don’t understand.” So why bother.

Plus, when you come out with something that reprehensible, if you have a shred of decency, you check yourself and apologize EVEN IF your blunder was unintentional. You don’t demand others take on even more of the emotional burden and shepherd you through your own ignorance. The very suggestion is astounding.

Edited for: just so many typos

[Omgitsme]

@YankeeDuchess

I was not aware that those explicit methods for blaming the victim of a rape were still being used in court in this day and age. If it is, that is appalling.

You saying that you did not report the rape because you feared that your actions would be blamed is not quite the same as saying that you took it to court and were actively blamed for the fact the rape occurred.

I remember the previous poster as signing off as someone who had “reaped what she sowed”. If she had signed off as someone who went to trial and had been told by OTHERS that, based on her actions, she should accept that she was merely reaping what she sowed, that is a very different statement. Perhaps that is what she meant. Thank you for explaining it to me, albeit in a somewhat roundabout way.

I was aware that that type of victim blaming in rape cases occurred 30 and 40 years ago, and was not aware then blatant victim blaming of rape victims is occurring now.

It is. My personal story doesn’t include a court case but I have friends who have gone through the process. Blaming rape victims is still a widely used defense.

Most recently a friend of mine called the cops on her husband. He had physically assaulted her (not sexually but it will give you an idea on what victims who press charges go through). The cops came, took info etc then told her there was nothing they could do because they didn’t see anything happen. Cops then proceeded to chat and laugh with her husband. My friend pulled the female cop aside and asked why nothing could be done, was told the above, and then told my friend, “well you married him.” That’s a female cop telling a woman it’s her fault she was being hurt because she married the wrong guy. (Positive news; a week later he tried to kill her…she’s bruised but okay and he was arrested and faces felony charges.)

[NotGrandPrixYet]

@Denali6298

I could be wrong, but I don’t think claims in a civil suit can influence or need to be the same as the criminal trial. Then again I cannot think of a case where the civil suit was initiated before any real headway in the criminal trial.

So he could very well plead not guilty and claim self defense in the criminal trial while using a different reason in the civil trial.

I hope one of the lawyers here will correct me if I’m wrong.

Thanks. I have some reading and consulting to do then.

[Omgitsme]

@YankeeDuchess

You are not victim of blaming LK by reporting your own reasons for intensely disliking her, unless you start saying that she is responsible for somehow causing MB to shoot her, I.e. she should be blamed because she did not leave, harassed MB, etc.

Well I’m in the clear then.

[YankeeDuchess]

@eggbutt

So happy the obtuse person now has a thorough knowledge of criminal law and what Ed Bilinkas may be planning. I’m not even sure MB knows what strategy he will take at this point. But you keep on claiming away. It’s all good.

Your quote in your previous post was from the civil counterclaim, right? So not from the criminal defense lawyer Bilinkas?

[NotGrandPrixYet]

Sorry guys. You probably won’t miss me anyway, but all the recent posts have got me really living in the past. Not a pretty place. I’m going to spend some extra time with the horses out in the field. Lots to do this time of the year anyway. The best to all of you. Stay safe.

[Denali6298]

@NotGrandPrixYet

Sorry guys. You probably won’t miss me anyway, but all the recent posts have got me really living in the past. Not a pretty place. I’m going to spend some extra time with the horses out in the field. Lots to do this time of the year anyway. The best to all of you. Stay safe.

Sorry to hear that. Take care!

[FitzE]

@Omgitsme

Well I’m in the clear then.

Not necessarily. Many of us for whom there is not a shred of text evidence that we have ever said anything like “she is responsible for somehow causing MB to shoot her” have been accused of doing so because we, too, share intense dislike.

You’re never really in the clear with some folk.

[MorganSercu]

@NotGrandPrixYet

Sorry guys. You probably won’t miss me anyway, but all the recent posts have got me really living in the past. Not a pretty place. I’m going to spend some extra time with the horses out in the field. Lots to do this time of the year anyway. The best to all of you. Stay safe.

Take care of yourself and stay safe.

[YankeeDuchess]

@NotGrandPrixYet

Then there’s a lot that can’t be explained to you, because you are obtuse A LOT, and when we try to explain, you still don’t get it. I truly thought you were faking it, but maybe not.

No, I think I did figure out what you meant, which I originally misunderstood, and have apologized. I did not notice that you tried to explain, though.

Once again, if I say I don’t understand something, or may have misunderstood, you may take that to the bank and mock me for being obtuse as much as you like!