I finally got to watch the state’s expert and I’m surprised at how projectives-heavy his testing battery is. All of that is of very questionable validity. He’s clearly educated and experienced but I personally put little weight on projective tests (like Rorschach, TAT, etc), and find the defense experts’ findings more compelling. They saw MB closer to the actual event, spoke to valuable collateral sources (like longtime therapist), and Hasson used more objective measures in his assessment, which I find more valuable in assisting diagnosis. What matters will be what the jury thinks, of course, but trying to watch it as someone who doesn’t do this work, I still thought the defense experts had a big impact.
One thing I noticed early on as the judge started discussing the charges today was that he phrased it in such a way that the jury could not take into account LK and RG being bad people as they reach their decision. Not if they are bad people. Just that they are bad people.
LK’s formerly public Instagram page went private in the last few days as well.
It could also be that with the case being publicized outside just the horse community now, she was getting unwanted attention or communication from people watching it and therefore chose to lock it down. I’m no fan of LK, but it’s also not right to stoop to her level and sent hate messages just because she’s awful.
In the Vertitis case, Taylor in his jury instructions told the jury that the shooter had a duty to retreat rather than shoot. The conviction was overturned because NJ has the Castle doctrine which means that you do not have a duty to retreat in your own home.
I assume Taylor was aware if the Castle doctrine and the issue was one of interpretation — the shooting victim was not an intruder but a former boyfriend who had been invited into the woman’s home. The murder conviction was overturned on appeal, then the woman accepted a plea deal rather than be tried a second time.
If MB is found guilty, he would need to get the conviction overturned on appeal before getting a plea deal.
I’ve watched the whole trial. If I were on the jury I’d vote Not guilty by whatever way I had to. I’m not sending Anyone to jail with shoddy police work like this, little to no forensic testing, testimony of two drug addicts, and pompous azz witnesses. The prosecution has been a show and I’d be wondering WHY the defense was not allowed to say a lot of things he obviously wanted to say.
I think Mr. B is right on his game. No, I wouldn’t want a lessor charge option to the jury. I don’t think you are gonna get 12 people vote to send this man to prison. Time will tell but Im with MB on this one. Whatever Mr. B says: Im with him.
When the prosecution now wants a lessor charge it’s because they are afraid the jury is going to acquit. I believe they will.
But what he CAN say is that the physical evidence never proved that MB shot the gun. He said himself that he expects the jury to find LK/RG to have been thoroughly discredited in their testimony.
This case involves the exact same prosecutor, defense attorney and judge. It’s been a HIGHLY unusual mess. Bilinkas has decades of trial experience.
I have a feeling that he has pathways to try with respect to appeal. I think part of the reason Taylor was so hostile towards Bilinkas during the trial was that Taylor wanted to keep him on a very short leash.
Just my general impression after watching it, and knowing the history.