What has that got to do with a lesser charge of aggravated assault?
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None essentially. They have Ruth Cox on the record saying she gave him the gun and he put them in the safe. Which is enough to prove constructive possession
ETA And they have three expert witnesses saying MB took it out of the safe, and thus into his possession
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He can’t remember that is why he can’t testify.
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Because MB does not remember what happened and the judge will not let them bring up things like that.
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As Judge Taylor just explained, the charge requires that it must be proved that he possessed the gun with the intent to commit an unlawful purpose.
Did the State prove that? I may have missed that testimony and evidence.
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So…putting to rest the affirmative defense argument…the judge made it very clear that the jury must find him “guilty” on the charge before they can consider the insanity defense.
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Because those are still a not insignificant charge
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So in my search to find summations, I tripped upon some Youtube videos of MB riding [Jeff the Chef at KY, by Boyd and Silva Martin and others] and teaching at a clinic years ago.
Surreal.
Can he be found NG to attempted murder and NGI to aggravated assault?
If he has amnesia, he can’t get on the stand and claim he remembers LK doing that.
Because he would just be making up his testimony.
Kinda like how LK seemed to make up some of her testimony about how she remembers this, that, or the other in the time period immediately following her being shot.
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Didn’t the judge yammer on about illegal possession of a gun involving the intent to use it for a harmful purpose or something? So without harmful intent, it’s not illegal, correct?
There is no law against just carrying a gun in your pocket on your own property.
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There is NO EVIDENCE THAT HE FIRED A GUN thanks to the incompetence of the MCPO.
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New Jersey has pretty strict laws, I’m not up to date (still watching Defence arguments) but I think just taking out the handgun is in itself a crime? But not entirely sure if that’s what MB was charged with
N.J.S 2C:39-5(b), Unlawful Possession of a Handgun
New Jersey does not offer open carry or concealed carry privileges to its citizens. In fact, New Jersey has very strict storage requirements for taking your firearm from one location to another. If you do not properly store your firearm, or you take the handgun out into the public without the proper licensing, then you can be charged with unlawful Possession of a Firearm, in violation of N.J.S., 2C:39-5(b), which is a second-degree crime and punishable by 5 to 10 years in prison.
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Will the jury be aware of and remember all the laws.
True. If they find him not guilty because the state didn’t prove their case beyond a reasonable doubt, they don’t have to worry about insanity.
If they believe he possessed the weapon and shot LK (and maybe RG), then they get to consider the expert testimony etc…and if they find, by the preponderance of the evidence ( lesser burden of proof) that he was crazy, then they find him Not Guilty Reason of Insanity.
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maybe there is no evidence to suggest this either. If there was, I would think that evidence would have been presented.
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But he didn’t take it off his property.
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Yes, they get copies of the jury instructions for their deliberations.
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They SHOULD get a copy of everything the judge just read. Or at least that’s how my court does it.
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What other location? He was on the same property the whole time.
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