Barisone- New Thread

[Sdel]

@jaj

It is required in New Jersey to plead not guilty by reason of insanity and not guilty by reason of self-defense together; in other words, if you plead to one, you must also plead to the other.

I got the impression that you didn’t have to plead them together (or even at all), but if you wanted to plead both of them you had to do it together. The previous process was to plead one, and if you got a guilty verdict to then go back and retry the other to see if you got a different outcome.

[DownYonder]

@MorganSercu

Those two (possibly three or more) live to pull the wings off of butterflies.

One of the most apt descriptions of them I have ever read.

[MHM]

@Mondo

Is it possible that a different judge would have allowed some of that into evidence? I don’t think Taylor is biased against MB, I think he hates Bilinkis and wants to stick it to him.

There was definitely a day early on in the first week when the judge admonished the defense attorney for something with no prompting, and then turned around and let the prosecutor do the exact same thing just a minute or two later.

The defense attorney objected, and the judge sustained that objection, so obviously the prosecutor was in the wrong. But the judge did nothing about it until the defense attorney brought it up.

To me, that seemed to set the tone for the whole trial.

[Jealoushe]

I think it depends whose witness is up also though, in regards to the way the judge acts.

[3PonyFarm]

I am glad to hear that MB has someone in his life beyond family and friends to help him through this time and whatever he faces in the future.

Again, like others here, I hope he can get mental health care regardless of the outcome of the trial.

[eggbutt]

And daddy likes to watch.

[MHM]

@iridedressage

So I’m going way out on a limb here - but I’m wondering (and maybe giving too much credit to him) if that is why RG referred to the house as “our property”. Maybe trying to insure the Castle doctrine couldn’t be used…which would point to MB using the gun in self defense with no duty to retreat?

I think that would be giving too much credit to RG himself. But maybe not to some of the other people who were pulling the strings.

[CurrentlyHorseless]

@jaj

It is required in New Jersey to plead not guilty by reason of insanity and not guilty by reason of self-defense together; in other words, if you plead to one, you must also plead to the other.

I don’t think that’s true. You can plead to one or the other or both. If you plead both, they must be tried in the same trial.

The judge just ruled that the jury will not have an option to consider “not guilty be reason of self defense”.

It looks like the choice on attempted murder is:
Not guilty
Not guilty by reason of insanity
Guilty

I would have taken the plea deal.

[KellyS]

I was responding to an earlier post, not commenting on the charges. For some reason, the quote function is not working for me today, but if you look at the post I replied to, my comment will make sense.

A poster said:

Taylor wants this trial to be based on Barisone’s state of mind. That’s what all the testimony has been about.

And I replied:

MB’s lawyer made this about state of mind with the “not guilty by reason of insanity”. The judge is making sure the testimony stays in this lane.

[hut-ho78]

@DownYonder

@anon68314200

Indeed the state expert stated he felt it was a very odd that MB remembered everything except for the shooting.

The mind sometimes acts to “protect” its owner by blocking horrible memories.

As an example, I was sexually molested at a VERY young age. I can remember the nature of the molestation, I can remember certain parts of the man’s body (his hands, his genitals, etc.) but I cannot remember his face, no matter how I try. I know my mind is protecting me from that part of the memory, so I don’t dwell on it.

You are a survivor. Prayers for you.

[smoofox]

@CurrentlyHorseless

Schellhorn did not play those games, so the judge did not need to shut him down repeatedly.

Schellhorn WAS playing games… lecturing everyone on what he thought happened (when he was not there), preening, posturing and even bullying.

And yet all that nonsense was peachy-keen with Taylor. The judge never asked The Moustache That Roared to move along in his droning self adoration… he never objected to hearsay or snide comments… he basically gave the guy free rein to do whatever he wanted and say whatever he pleased - carte blanche!

And yes, he should have been shut down, asked to clarify, had comments stricken from the record etc. That was most definitely a “game”… played with the full approval of Taylor.

[CurrentlyHorseless]

@iridedressage

So I’m going way out on a limb here - but I’m wondering (and maybe giving too much credit to him) if that is why RG referred to the house as “our property”. Maybe trying to insure the Castle doctrine couldn’t be used…which would point to MB using the gun in self defense with no duty to retreat?

Well, the bigger problem is that MB did not use the gun in self defense …

[Cat_Tap]

What happened to the phrase" Beyond a reasonable doubt".?

[MHM]

@Virginia_Horse_Mom

@Einhorn

Or trolling the internet for Lk posts? They aren’t supposed to, and most won’t. But I’ll bet you a few will.

I wonder if they will find these forums if they do…

If so, welcome, strangers! The search button is at the top of the page.

[Sticky_Situation]

The Moustache that Roared

[CurrentlyHorseless]

@Virginia_Horse_Mom

@Sdel

@Mondo

So, I’m sure this has been asked and answered in the previous mammoth thread, but Taylor’s reason for excluding the zillions of texts and SM posts is that it is “hearsay,” right? But is it? Is it putting the victim on trial? I think it speaks 100% to the defendant’s state of mind and what drove him to the extremes he took.

Amen!

This seems like a key area where they might find grounds for an appeal down the road, if MB is found guilty.

Some posts were allowed in because they were relevant for state of mind. The chess one about the king and queen, for example.

[MorganSercu]

[quote=“MHM, post:356, topic:771345, full:true”]

@Virginia_Horse_Mom

@Einhorn

Or trolling the internet for Lk posts? They aren’t supposed to, and most won’t. But I’ll bet you a few will.
[/quote]

I wonder if they will find these forums if they do…

If so, welcome, strangers! The search button is at the top of the page.

And look for La-LaPopRider.

[BrownDerby]

@ohnoO

I don’t remember feeling the buck, flying through the air or landing on the ground even though I landed 12-15 feet away. (I didn’t have a helmet with a harness-and it moved—so I guess I hit my head). I got back on and rode the course again—I remembered the course

I did the exact same thing as a junior, at the old Bakersfield GP. show. Having the round of my life, seeing everything then boom. Placed in my second round and even picked up my ribbon (they handed them out then).

We know very little about memory; it’s outer space.

ETA session is now live.

[ekat]

Mr B didn’t object, didn’t ask the judge to direct the witness to just answer the question or anything though. And the judge did tell him at least twice to just answer the questions.

I think that was strategy on Mr B’s part. He knew the jury wasn’t listening. He probably could see it all over their faces and body language that they had checked out. So why not let him drone on more? Jury’s not paying attention, so maybe they will miss any nugget of importance The Moustache slips in there.

[CurrentlyHorseless]

@smoofox

@CurrentlyHorseless

Schellhorn did not play those games, so the judge did not need to shut him down repeatedly.

Schellhorn WAS playing games… lecturing everyone on what he thought happened (when he was not there), preening, posturing and even bullying.

And yet all that nonsense was peachy-keen with Taylor. The judge never asked The Moustache That Roared to move along in his droning self adoration… he never objected to hearsay or snide comments… he basically gave the guy free rein to do whatever he wanted and say whatever he pleased - carte blanche!

And yes, he should have been shut down, asked to clarify, had comments stricken from the record etc. That was most definitely a “game”… played with the full approval of Taylor.

IMO Schellhorn was straightforward and not playing games. I also thought Schlesinger was effective. JMO.