I find the silence of some interesting since LK’s request to freeze assets was “officially” denied. The sound of silence speaks volumes. Maybe they are knitting or practicing yoga.
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I’ve always wanted to learn how to knit.
Anyho, regarding soap operas and Netflix series…I may be a terrible person for thinking this, but I don’t want any sort of television entertainment to stem from this debacle. Mostly because I hate to see people reap great financial benefit from being idiots/criminals/violent/nasty (MB included…since he shot someone and all - those of you who are going to read this as a specifically LK related post - it’s not). But 'tis the world we live in today.
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Interesting read about that. The Son of Sam Law addresses this issue.
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I agree a billion percent. No one should benefit from this tragedy financially. Should one of the parties decide to write a book or agree to a made for tv movie or some sort of “entertainment”, I would hope a significant portion of their profits went to abused person agencies in this country. I doubt that will happen though.
SHOULD MB be acquited or receive reduced charges so he is able to be released in a short period of time, he still has time to rebuild his business and recover financially eventually. LK, on the other hand, will be hard-pressed to get beyond her desire for vengeance toward so many people and will be stuck on August 7, 2019. This, of course, is simply my opinion and thoughts and not based on anything other than reading posts on SM regarding opinions on both people involved and LK’s direct posts. Moving forward emotionally from significant emotional events is always hard without help.
Tongue in cheek thought…now that MB’s assets are not frozen, how many of us want to attempt to purchase one of his schoolmasters since we’ve learned from a 6th place removed rumor he is selling everything? 
:yes::eek:
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What does the silence say to you?
By filing the motion, Lauren’s team put the judge and MB himself on notice that they’re concerned that he might try to get assets beyond her reach by selling horses (presumably for below market value to his friends).
By denying the motion without prejudice, the judge is saying “I don’t think this is necessary at this time, but if there is evidence that’s he’s selling stuff at questionable prices, feel free to bring it up again later.”
I can imagine lawyers would file that type of motion even if they expected the probability of it being granted was extremely low, just to alert the court to the issue.
The ruling is on a side issue, not on the merits of the suit or counter suit. What do expect Lauren’s side to be saying?
The Son of Sam law says the criminal (after conviction) can’t benefit. I would be surprised if it applied to the victim.
The victim being Lauren Kanarek.
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Maybe stupid question, but why can’t jurors take notes?
Without taking notes, I would likely be lost
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About 90 to 95% of court orders are entered into “without prejudice”. Rarely are they “with prejudice,”. With prejudice is most commonly used when a topic has been repeatedly brought up and the judge just refuses to hear it anymore OR the rarer case when something has so been proven and decided that it’s ridiculous to reconsider. Like the sky is blue.
So an order being made without prejudice does enable additional requests but it in no way speaks as to possible validity of the first request and cannot be implied so.
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I agree with you. Denial without prejudice allows the request to be brought up in the future (if and when MB starts dispersing assets), and in no way speaks to the validity of the first request.
I don’t think that contradicts my point that, even having been denied, the motion put MB and the court on notice that Lauren’s lawyers are on the alert for any suspicious asset sales.
Perhaps it varies. The last jury I sat on, we were handed notepads and pens and encouraged to take notes. It was very helpful. Questions could be written down and given to the bailiff. At each day’s end all notes/notepads were left on our seats.
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There is an official court reporter, who records everything that has been said. If individual jurors took notes, their notes could differ from the official court record. Logically, the court would want a juror to rely on the one, official court record rather than on personal notes, I think.
As I had previously stated, the previous now deleted order on this OTSC stated it had been denied due to case law/statute only permitting freezing of assets on the request of EXISTING creditors. LK is not one. She is, at this time, POTENTIAL creditor and therefore not entitled to this relief.
Sadly, the amended order no longer contains this language. So I don’t know if the judge chose not to include it or if there was another reason. I am not intimately familiar with NJ statues and case law.
If I’m correct and that reason remains the basis for denial of the OTSC then LK can apply 20 times and it will be denied repeatedly until the denial becomes with prejudice or her attorneys assert a different basis for the request.
Selling a horse would not qualify. LK is still a POTENTIAL CREDITOR.
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Yes she can benefit. The link cites as example the Goldmans in the OJ case.
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The records of filings includes two drafts of the proposed denial order. My assumption is that the judge tells the lawyer to revise and correct the proposed order prior to signing it and filing it for the first time.
What I think happened was:
- Barisone lawyer writes up proposed order for denial without prejudice as requested by judge at March 20 hearing. Files it.
- Judge says, that not quite what I had in mind, revise and resubmit with these modifications.
- Barisone lawyer revises as requested, files it.
- Judge is happy with revised wording, signs and files on March 27.
You keep claiming that the judge signed the initial
draft and posted it, you saw it, but the judge changed his mind and deleted it (as if it were a comment on Facebook) so that no one else saw it, and I keep not believing you.
If some of the language of the first draft was omitted in the second, signed draft, of course it was because the judge chose to omit it. It’s his order.
Perhaps you can freeze assets even if you are NOT an actual creditor, and that’s why that language was excluded from the (one and only) order signed and filed by the judge on March 27.
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I know that jurors are given notebooks and pens in California. Not sure about other states. They can refer back to their own notes during deliberations, they can ask for testimony to be read back and they can ask questions of the judge.
Sheilah
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I saw the original order too!!! :eek:
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Okay we get it you don’t believe there was a previous order that was removed. Can we move on? Holy moly the horse it’s dead, turned to dust and blew away in the wind.
FWIW which is not much since I’m not a lawyer, someone seeking damages due to pain and suffering isn’t the same as being owed money. That is probably why the request to freeze assets is being denied. She’s suing to get money, not get money that was owed to her for work or whatever.
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I will post relevant statute in backwards order, this one being of importance. It seems prejudgment freezing of assets asset NJ is an issue and I guess the Plaintiff failed to show an actual attempt to sell stuff. Note the specific language.
And I will post more in backwards order.
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