Barisone/Kanarek Legal Filings (Public Record)

[MorganSercu]

I remember my grandparents’ party line. It was hell and no one was arguing, so I bet no one wanted to do a hearing that way.

[Knights_Mom]

@MorganSercu

I remember my grandparents’ party line. It was hell and no one was arguing, so I bet no one wanted to do a hearing that way.

Other states are conducting whatever emergency applications and hearings that they’re doing by teleconference right now.

[MorganSercu]

@Knights Mom

Other states are cRonducting whatever emergency applications and hearings that they’re doing by teleconference right now.

Not on Zoom, right?

[FitzE]

@MorganSercu

Not on Zoom, right?

Can you imagine?! Maybe that’s the big concern: the security of the connection.

I just read about the prison in Chicago with a surge of COVID-19 cases. MB put himself in an awful position that no one could even know how terrible it would be now. He could easily get the virus while incarcerated. And I hope LK is in ultra lockdown: not at the barn, someone else doing the grocery shopping, no take out, etc. With the lung injury, she must be high risk. It is tragic how all this could have been avoided.

[Knights_Mom]

@MorganSercu

Not on Zoom, right?

I imagine every jurisdiction’s IT department has a different set up. I know my court system is trying to incorporate what they can for the future as well.

[westisbest]

@Scribbler

Quite likely but all Canadians have been advised to return to Canada where incidentally they have health insurance. Canadian citizens are still allowed across the border into Canada. I can’t imagine Florida in warm weather on lockdown would be much fun. I would expect all unemployed or retired etc Canadian snowbirds and sojourners in the US and overseas would be likely to head back to Canada if they can. I wouldn’t read too much into it, it seems a rare sensible decision.

Correction: They maintain their health insurance if they return to Alberta within the 6 month window. Annually. Kind of ironic huh how she trashes the country and province repeatedly that is the land of her birth and yet unfailingly returns within that window ostensibly to visit dear ole mom and unleash those amazing snowboard skills (joke) user/loser…

[westisbest]

@Scribbler

It was another poster said SW was returning to Canada. I am sure she hates it there. I would expect there’s not much scope left there for her to be Awesomnicity (or whatever her short lived lifestyle blog was called). I just meant that the Canadian government was calling everyone home, and anyone in whom self interest was paramount would see the wisdom in hunkering down in a jurisdiction with universal health insurance and a much lower population than Florida, and society more likely to follow the health officers directions. I expect like all returning Canadians she will need to quarantine at home for 14 days.

I should add that Canada can be rough even on Canadians who have legitimately “made it big” in the US when they return home. I would expect Canada to be absolutely brutal to someone who is known only as an internet troll who trashes the national Olympic team. It’s a small country in population with a small horse world. Nowhere to hide and no fresh marks to con.

Well yes she’s nobody here never was (Alberta horse scene) anyone who even recognizes the name shrug Susan who ? A few who knew her in YR days say no riding talent. Her little gaggle of fans in Florida will be hosting her on their couches or haha big glam yachts! With her mangey mutt when she can’t pay the rent there anymore.

[Joanne]

@westisbest

With her mangey mutt when she can’t pay the rent there anymore.

Is her dog mangy?

[westisbest]

@Joanne

Is her dog mangy?

Old saying: Lie down with dogs, get up with fleas. Lie down with SW get up daily for that poor mutt, likely PTSD. But maybe not mange.

[Libby2563]

@MorganSercu

Yes, any and all of them can decline to talk to the police. Nor can the police compel witnesses to give statements.

Backtracking a few pages here and maybe somebody has already said this but: Although the police can’t compel witnesses, prosecutors can issue a grand jury subpoena that compels a witness to appear before the grand jury and give evidence/testify. Obviously they still have the right not to self-incriminate (and to have legal representation, though most witnesses don’t). To clarify, the grand jury is not the same jury that will ultimately decide the case. This would happen in the investigative phase, not during the trial. For whatever that’s worth…

[Angela_Freda]

@westisbest

Well yes she’s nobody here never was (Alberta horse scene) anyone who even recognizes the name shrug Susan who ? A few who knew her in YR days say no riding talent. Her little gaggle of fans in Florida will be hosting her on their couches or haha big glam yachts! With her mangey mutt when she can’t pay the rent there anymore.

What is it about crazy ladies and their out of control dogs?

[Angela_Freda]

@FitzE

Can you imagine?! Maybe that’s the big concern: the security of the connection.

I just read about the prison in Chicago with a surge of COVID-19 cases. MB put himself in an awful position that no one could even know how terrible it would be now. He could easily get the virus while incarcerated. And I hope LK is in ultra lockdown: not at the barn, someone else doing the grocery shopping, no take out, etc. With the lung injury, she must be high risk. It is tragic how all this could have been avoided.

Is it cruel and unusual to keep someone incarcerated with the risk of this virus,? Obviously I mean for lesser charges… But the question remains.

For the health of those inside, including COs… Fewer people would be better, no?

[CanteringCarrot]

@Angela Freda

Is it cruel and unusual to keep someone incarcerated with the risk of this virus,? Obviously I mean for lesser charges… But the question remains.

For the health of those inside, including COs… Fewer people would be better, no?

There are some prisons that have released inmates due to the virus. On what grounds and for which charges they were serving for, I’m not entirely sure.

[MorganSercu]

@Libby2563

Backtracking a few pages here and maybe somebody has already said this but: Although the police can’t compel witnesses, prosecutors can issue a grand jury subpoena that compels a witness to appear before the grand jury and give evidence/testify. Obviously they still have the right not to self-incriminate (and to have legal representation, though most witnesses don’t). To clarify, the grand jury is not the same jury that will ultimately decide the case. This would happen in the investigative phase, not during the trial. For whatever that’s worth…

I don’t think anybody said it in this thread but I think most of us know that a subpoena is a whole different kettle of fish.

No one is compelled to speak to the police beyond handing over a driver’s license & insurance card. You don’t have to discuss your destination, your plans, what is in the bag and for pity’s sake do not let them know you have cash. Civil forfeiture is still an issue.

ETA: not germane to the thread topic but here is a link to civil forfeiture if anyone is interested:
https://www.washingtonpost.com/sf/investigative/collection/stop-and-seize-2/?itid=lk_interstitial_manual_11&tid=lk_interstitial_manual_11&utm_term=.f441c92d09df

[MorganSercu]

@Angela Freda

Is it cruel and unusual to keep someone incarcerated with the risk of this virus,? Obviously I mean for lesser charges… But the question remains.

For the health of those inside, including COs… Fewer people would be better, no?

I would say so. Set aside the prisoners, it also increases the risks to the staff and you don’t want them very sick and yet in charge of the most dangerous convicts.

[MorganSercu]

@CanteringCarrot

There are some prisons that have released inmates due to the virus. On what grounds and for which charges they were serving for, I’m not entirely sure.

Probably minor charges relative to the others.

Historical reading time!

https://www.jstor.org/stable/4575142?seq=1#metadata_info_tab_contents

[YankeeDuchess]

@Angela Freda

Is it cruel and unusual to keep someone incarcerated with the risk of this virus,? Obviously I mean for lesser charges… But the question remains.

For the health of those inside, including COs… Fewer people would be better, no?

Many jurisdictions have already released nonviolent offenders early for exactly this reason. Thousands have been released.

[Scribbler]

@YankeeDuchess

Many jurisdictions have already released nonviolent offenders early for exactly this reason. Thousands have been released.

I’d add that MB is not yet a convicted criminal but awaiting trial. In jurisdictions with bail.bond he would have spent the last 8 months as a free man. It does seem wrong to keep a person awaiting trial in jail during the pandemic. On the other hand, I don’t know what kind of facility he is in. Typically people awaiting trial don’t get sent to federal penitentiaries.

[Angela_Freda]

@Scribbler

I’d add that MB is not yet a convicted criminal but awaiting trial. In jurisdictions with bail.bond he would have spent the last 8 months as a free man. It does seem wrong to keep a person awaiting trial in jail during the pandemic. On the other hand, I don’t know what kind of facility he is in. Typically people awaiting trial don’t get sent to federal penitentiaries.

Exactly. His life could be in jeopardy as he awaits trial. While in other times he would have, could have been out on bail.

Any jail, with the population density, would be a risk, including county jails.

[YankeeDuchess]

@Scribbler

I’d add that MB is not yet a convicted criminal but awaiting trial. In jurisdictions with bail.bond he would have spent the last 8 months as a free man. It does seem wrong to keep a person awaiting trial in jail during the pandemic. On the other hand, I don’t know what kind of facility he is in. Typically people awaiting trial don’t get sent to federal penitentiaries.

Absolutely, MB has not been convicted. My understanding is that NJ does not have a traditional bail system in the sense that pre trial release is just yes/no based on the risk of flight or further offenses, and is not based on posting monetary bond, for the purposes of equity.

In a traditional monetary bond system, we don’t know if he would have been denied bail altogether or released on $1,000,000 bond. The judge in the release/“bail” hearing said that he feared that MB would have been a danger to others but also himself.

It would be further tragedy if MB contracted Covid and died prior to the trial. But LK faces higher risk of respiratory distress due to the damage to her lungs from the bullet shots. Whatever sympathy I have for MB facing greater risk of contacting the disease, it’s secondary to the higher risk faced by his victim.

Presumably his lawyers are asking for monitored interim release.

He’s being prosecuted by the state of NJ. Why would he be in a federal penitentiary before or after trial?