Barisone/Kanarek Legal Filings (Public Record)

[Tarlo_Farm]

Ok, here with you all. I was going to demonstrate how you ignore Doodle, but you seem to have gotten it. (oops, except I see Wilbury - ignore, ignore, ignore)

Regarding unlicensed contractors, I made the mistake of hiring one to build an outside-the-house chimney and connect to my wood stove. Guy came with recommendations from folks I trusted. He poured a footing, built the chimney, cut the hole for the thimble to connect to the inside pipe - all good. Three years later I realize the footing was sinking! Longer story shorter, I had no recourse except small claims court. He responded well to that, I recovered much money, and would in fact hire him again. If he had been a licensed contractor, he would have carried insurance that would have avoided some little bits of ugliness leading up to the final outcome.

[LilRanger]

Tarlo, the footing sinking! Yikes! Did you have to figure out why it was sinking, or was it pretty clear what happened?

[Ghazzu]

@YankeeDuchess

Once again, my “obtuseness” is not feigned.

I do believe Yakking Duck has finally made a factual statement.
Of course, it could be simply the infinite monkey/typewriter phenomenon.

[eggbutt]

@tryintogethere

Imagine how the prosecutor for the criminal case must be feeling!

I understand how prosecutors decide initial charges, but don’t they do a thorough investigation of all parties before submitting the final charges? Do prosecutors decide on charges based not only on the law of the state but on what they believe will hold up in a jury trial? Or to they go for the max and provide room for negotiation down the road?

Come on legal experts, please educate us!

[Tarlo_Farm]

@LilRanger

Tarlo, the footing sinking! Yikes! Did you have to figure out why it was sinking, or was it pretty clear what happened?

Yes. He assumed the ground had not been tampered with (no pun intended) so only poured an 18" footing instead of the required 4’. I had to call Foundation Systems for a VERY expensive systems of jacks to stabilize it since I didn’t want to remove and rebuild everything. We all know what assuming does…

And Ghazzu - ignore.

[Ghazzu]

@Tarlo Farm

And Ghazzu - ignore.

You post as you please, and I will do the same.

[Knights_Mom]

@eggbutt

I understand how prosecutors decide initial charges, but don’t they do a thorough investigation of all parties before submitting the final charges? Do prosecutors decide on charges based not only on the law of the state but on what they believe will hold up in a jury trial? Or to they go for the max and provide room for negotiation down the road?

Come on legal experts, please educate us!

Basically D.A.s depend on ex parte testimony and decide what would stick. I’m no D.A. - worked in their office once for 2 weeks - but personally the charge of Attempted murder to me, was a mistake. But again, I know little on the subject or strategies. But here’s some reading.

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[Knights_Mom]

Btw I’m sharing random state info. Not concentrating on NJ only.

https://www.nolo.com/legal-encyclope…es-charge.html

[YankeeDuchess]

@Ambitious Kate

My thoughts about the RG thing and legalities is that if, and I say IF because I don’t really know, but it appears that, MB had RG do renovations on the house, which was made uninhabitable because of a flood or water leak, if that was part of RG’s renovation fiasco, there are alot of damages there, and MB can, and probably will at some point, take him to court for being an unlicensed contractor. Whether MB knew about it at the time or not, is immaterial in NJ. NJ law punishes unlicensed contractors by awarding damages in treble. That’s how that works. There’s no mystery to it, no need to dig around at imaginary scenarios. If RG worked without a license, he gets dinged. Even if every he did was fabulous, just having inspectors come in to verifiy the work will be fined to him in treble. If the work has to be redone, that cost will be fined to him in treble.

Its entirely possible that it was Sweet Water Farms who had RG do renovations to the house, without a license. In that case, it will be SWF to go after RG and get damages in treble.

Because the property belongs to Sweet Water Farms, it will be their duty to go after him. The value of their property has dropped because of all of this. Shoddy workmanship in the house, damages in treble. Sweet Water Farms can’t be held responsible for anything that happened on their property because they are indemnified through contracts and insurance. I am sure they are damaged in many ways by this. It is a long reaching debacle, none of which looks good for LK or RG.

Sweet Water Farms does have a civil case against Michael Barisone Dressage and Kanarek. Is RG also a defendant in that case?

[eggbutt]

@Knights Mom

Btw I’m sharing random state info. Not concentrating on NJ only.

https://www.nolo.com/legal-encyclope…es-charge.html

So the DA could have revised the charges during the arraignment if I understand correctly? It seems logical that his office has many more cases to work than this one and so their investigative manpower is limited compared to the defense.

When you say you think the charges were in error, what do you think the charges should have been, based on the information you know as factual now?

[MorganSercu]

@La-LaPopRider

Hahahaha! Wait, seriously? There’s actually a rumor going around that I “won the lottery!” Given I’ve never once purchased a lottery ticket - of any kind/ ever- that would be special! Can you direct me to the source? Perhaps, I have a powerball ticket which someone put in my name & I don’t even know about it!!! FYI- (while I could be wrong) Do they not announce these things? Lottery wins & such?.

Someone can be given a lottery ticket as a gift. You don’t have to buy the ticket yourself to win. There are states where the winner can remain anonymous.

“Delaware, Kansas, Maryland, North Dakota, Ohio and South Carolina all allow lottery winners to remain anonymous if that’s what the winners prefer”

[eggbutt]

@MorganSercu

Someone can be given a lottery ticket as a gift. You don’t have to buy the ticket yourself to win. There are states where the winner can remain anonymous.

“Delaware, Kansas, Maryland, North Dakota, Ohio and South Carolina all allow lottery winners to remain anonymous if that’s what the winners prefer”

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.

[LilRanger]

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.

[Ambitious_Kate]

@Wilbury Pie

In fact, Canada uses both SI and British units in the practical sense. Just like we speak English and French.

My point is that you are uninformed.

STOP IT!!! Just stop talking to her!!! Please. Please.

[Knights_Mom]

@eggbutt

So the DA could have revised the charges during the arraignment if I understand correctly? It seems logical that his office has many more cases to work than this one and so their investigative manpower is limited compared to the defense.

When you say you think the charges were in error, what do you think the charges should have been, based on the information you know as factual now?

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.

[Callista17]

I agree KM, I always thought the charges were odd, especially with all of the harrassing and intimidation.

[YankeeDuchess]

@Knights Mom

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.

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.

[Knights_Mom]

@YankeeDuchess

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.

[FitzE]

@LilRanger

edited to add: and Lalapoprider doesn’t have to tell any of us anything.

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.

[LilRanger]

@FitzE

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.