Barisone- New Thread

They do? What evidence is that?

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I’m hoping straight not guilty, but there may be room for a not guilty on the attempted murder and agg assault but then find him not guilty by reason of insanity relating solely to possession of the gun.
But I believe the evidence points to straight not guilty on all charges.

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What other evidence? The word of two people who lied repeatedly, including while under oath? No reasonable doubt that the gun discharged during a struggle for control of it? Because that seems to a reasonable mind what actually happened - esp. given that LK and RG (the only two “eyewitnesses”) couldn’t get their stories straight, and she had admitted acting like “Ms Badass” toward MB on at least one other occasion, not to mention the statement “Finish the b******.” And a host of other reasons…

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This is what he’s charged with (2 counts): https://www.villanideluca.com/nj-lawyers-practice-areas/nj-criminal-defense-lawyers/nj-criminal-statutes/nj-firearms-laws/2c_39-4/

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So what do people think, she shot herself?

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I think Not guilty straight up on everything but gun charge and Not guilty by reason of Insanity on that charge.

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Thanks.

Ok I just listened to it again. 3 MR’s, the second one was a MS. My bad!

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It’s more for me that the state did not prove with any physical evidence what occurred.

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I hope Judge Taylor gives the jury correct instructions this time.

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Should we be down there with picket signs and t shirts? :thinking: :sweat_smile:

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Psychologically, I think that it is a possibility she shot herself or RG did as part of some sort of scheme or to cover that they’d killed MB while beating him/choke hold.

Realistically, she probably got shot in some kind of struggle or when he was in a semi-lucid state upon coming to from being unconscious….

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fair enough

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I’d argue that if LK shot herself she should have GSR on her shirt which she didn’t. So in my mind she definitely didn’t shoot herself

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For the gun charges, 5-10 years per count. They could be served concurrently or consecutively. For aggravated assault, 18 mos to 10 years. Here is more information: https://www.rosenbergperry.com/practice-areas/criminal-defense/violent-crimes/assault/aggravated-assault/#:~:text=You%20may%20be%20charged%20with,fines%20of%20up%20to%20%2415%2C000.

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That shirt was completely saturated in the rain storm…and no testimony was provided as to if GSR would still be present after that.

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Yes. And per your link, the state had to prove 4 elements that the Judge elaborates on, including (again, copied from your link)

“the defendant possessed the weapon with the purpose to use it against the person or property of another; and the defendant’s purpose was to use it unlawfully“

It’s not enough to say he had a gun, which is what your original statement implied to me.

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Based on everything I listened to, I have to agree with you.

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You are correct! Sorry!

It’s a second degree felony and up to 10 years in prison. NJ judges do not typically sentence the maximum penalty.