Barisone- New Thread

[Rowdy]

Ok. Thanks.

[Knights_Mom]

@RND

@eggbutt

Interesting choice of words.

you would glom onto that to deflect from the reality of that post

Did she object to your statement in a way you don’t approve?

Thoughts and prayers.

[EADoug]

@Rowdy

I’m not making their acts legitimate or legal. Their actions are not on trial, Barisone’s are. You’re making an argument that even the defense isn’t making. By using the insanity defense, the Barisone team (including Barisone himself) is admitting that he shot LK. Full stop. That is the legal state of the defense case. It was the defense attorney’s burden to prove by a preponderance of the evidence that Barisone was insane (this is a legal term, not a psychological term) when he shot LK. He doesn’t deny shooting her – he just claims he was insane when he did it. Even if LK and RG never testified or gave statements, the evidence points to the fact that Barisone shot LK. Don’t you understand that the defense can’t even mount an insanity defense without admitting to shooting the victim?

Jury Instructions: https://www.youtube.com/watch?v=IicXqWtTLKI

Charge Flow Chart (34:15 in video)

• In order to find the defendant guilty of the crime of attempted murder, the STATE MUST PROVE the following elements beyond a reasonable doubt
• First, as of count 1, it was the defendant’s purpose to cause the death of Lauren Kanarak, and as of count 2 it was the defendant’s purpose to cause the death of Robert Goodwin
• Second, the defendant purposefully did anything, which under the circumstances as a reasonable person would believe them to be, is an act constituting a substantial step in a course of conduct in a plan to culminate in his causing the death of the victim.
• FIRST THE STATE MUST PROVE that the defendant acted purposely to cause the death of the victim.
• Whether the defendant’s purpose was to cause the death of the victim is a question of fact for you (the jury) to decide.
• (definition and examples of ‘purpose’, intent, inferences etc.)

(38:30)

• If after consideration of all the evidence you are convinced beyond a reasonable doubt that the state has proved all the elements of the crime of attempted murder, then your verdict must be GUILTY.
• If, however, after consideration of all the evidence, you find that the state has failed to prove each and every element of the crime of attempted murder beyond a reasonable doubt your verdict must be NOT GUILTY.

THEN - Lessor included offences. Aggravated Assault.

• Only consider the lessor included charges if you (jury) find that the state has FAILED to meet it’s burden with attempted murder.
• A person is guilty of aggravated assault if he attempts to inflict serious bodily injury to another or causes such injury purposefully or knowingly under circumstances manifesting under extreme indifference to the value of human life recklessly causes such injury.
• The defendant can be found guilty if he either causes serious bodily injury to another or attempted to cause serious bodily injury to another.
• Again, the STATE MUST PROVE the elements beyond a reasonable doubt
• Element 1 - caused serious bodily injury
• Element 2 - acted purposefully

(Firearm charges, I didn’t feel like transcribing everything, forgive me)

(58:50)
Moving on to the charge regarding Insanity

• Apart from his GENERAL DENIAL OF GUILT, the defendant maintains that he is not guilty of the crimes charged in the indictment or the lessor charges by reason of insanity
• IF YOU FIND THAT THE STATE HAS FAILED TO PROVE beyond a reasonable doubt, any essential element of the offence, or his participation in the offence, then you find the defendant NOT GUILTY and you NEED NOT CONSIDER the evidence as to the defendant’s insanity
• If you find that the state has PROVED beyond a reasonable doubt… You must THEN consider the evidence as to the defendant’s insanity.

[FitzE]

@MHM

Ooo, that’s a fantastic term. Maybe you should trademark it.

The Worlds Shortest Flounce TM.

I have to fix the punctuation first (I got a mere 3 hours of sleep last night working - you know, for those non-existent clients I probably don’t have )

The World’s Shortest Flounce TM

I think YD held the previous record, no?

[EADoug]

@RND

They pled self defense and insanity, which is admitting that MB shot LK.

I took the time to do some transcription tonight (see my above post). According to Judge Taylor, you are incorrect.

[SillyHorse]

@CurrentlyHorseless

@SillyHorse

@CurrentlyHorseless

On the renovations, MB was the property owner and principal who decided to skip getting permits,

It has been pointed out several times that it is the contractor, not the property owner, who is responsible for getting permits.

The homeowner is the principal, and may pay a licensed contractor as his agent to pull the permits. But the contractor would only be obtaining the permits on the principal’s authority.

The decision to obtain permits, or not, is the responsibility of the principal (the homeowner).

I have had quite a bit of work done on my home in the past few years and have never once had to obtain permits. My LICENSED contractors took care of it. Always.

[RND]

@Knights_Mom

See now you’re just projecting.

Jesus. If I was projecting I would have been guessing about the future. In my post that you quoted, I referenced the past; where did I project anywhere? Or are you just confused about what the word projection means?

[SillyHorse]

@RND

@Knights_Mom

See now you’re just projecting.

Jesus. If I was projecting I would have been guessing about the future. In my post that you quoted, I referenced the past; where did I project anywhere? Or are you just confused about what the word projection means?

LOL I think you are the one who doesn’t understand what projection means in this context.

[Fiesta01]

Hah! I thought that was some new grooming fad. You know, like the butt designs.

[RND]

@SillyHorse

LOL I think you are the one who doesn’t understand what projection means in this context.

So you think projection means looking back to the past? Seriously?

[Knights_Mom]

@RND

And you also need to pay attention to the trial more; the judge did in fact tell Bilinkas that he was not allowed to make up stories with no evidence to back them up.

Projecting.

Who makes up stories? Who admitted to lying?

[CurrentlyHorseless]

@SillyHorse

@CurrentlyHorseless

@SillyHorse

@CurrentlyHorseless

On the renovations, MB was the property owner and principal who decided to skip getting permits,

It has been pointed out several times that it is the contractor, not the property owner, who is responsible for getting permits.

The homeowner is the principal, and may pay a licensed contractor as his agent to pull the permits. But the contractor would only be obtaining the permits on the principal’s authority.

The decision to obtain permits, or not, is the responsibility of the principal (the homeowner).

I have had quite a bit of work done on my home in the past few years and have never once had to obtain permits. My LICENSED contractors took care of it. Always.

Exactly. As the principal, you authorized him to act as your agent to get the permits.

[BigMama1]

@CurrentlyHorseless

What about a 911 call in which a woman says “I’ve been shot. Michael Barisone just shot me”, and when LE gets there a minute later they find a woman with two bullet holes in her chest.

That’s not evidence?

No. That is an anecdotal report. Evidence would be something conclusively corroborating what LK said on the phone to 911, something to show that MB pointed a gun at her and pulled the trigger. Video footage of the events would be evidence. The presence of GSR on his hands would be evidence

[hrsnarnd77]

It is so sad that there are people like LK in the horse world who makes the lives of others so miserable. This whole case is sad on so many levels.

[FitzE]

@Rowdy, I ask this (and asked before) in all honesty: given

• no forensics were done on the weapon
• no testing was done on anyone’s hands at the scene
• the only ‘evidence’ presented was the mismatched stories of two people who were demonstrated to have lied while under oath and have criminal pasts including illegal drug use

would you personally send/would you be okay with other people sending, your own husband/son/father/loved one away for essentially the rest of his life?

Put your own person in the position of MB. Look at the lack of evidence provided by the PD/prosecution. Let it sink in that the only evidence provided came from people like LK/RG and that you watched them with your own eyes get caught in lie after lie on the stand.

Are you saying this is all good enough for you to accept the incarceration of your loved one?

[Rowdy]

Thanks for the instructions. They make everything much more clear than my comment.

[RND]

@Knights_Mom

Projecting.

Who makes up stories? Who admitted to lying?

No. Projecting would be me saying I think the judge WILL TELL Bilinkas that he can’t make up stories.

My saying that the judge TOLD Bilinkas early in the trial that he can’t make up stories is summarizing what was already said. There is no need to project because it is done and we can know what happened. There is no need to project what might happen because it HAS ACTUALLY HAPPENED.

I feel like an elementary school teacher.

[hut-ho78]

@Knights_Mom

@hut-ho78

@smoofox

@hut-ho78

She had several people saying they would come get her and her horses and to please be careful.

“Please be careful” - because they meant well but believed all her admitted lies on SM and endless drama queen antics. Be that as it may, she even had a destination arranged to haul to - everything was set up and easy to do. There was a viable solution right at hand. But noooooo - she refused, made excuses, lied some more… and deliberately chose to stay in what she well knew was a volatile situation. But what better way to finish the bastard, right? Keep on provoking and poking… until events reached the tragic point of no return.

I see some posters lamenting about the poor choices MB made - while failing to acknowledge the bad decisions that LK and RG made… over and over again.

I haven’t seen anyone as you describe. This situation was avoidable by either party. Neither would disengage and they both lost. All MB had to do to disengage was be professional and evict them formally.

As per testimony she still was refusing to go even after a deal had been worked up.

So your claim is nothing but imagination. She had no intention of leaving.

The ear witness was trying to tell her the deal when she was shot. Part of the deal was she had to approve it.

[Virginia_Horse_Mom]

@RND

I feel like an elementary school teacher.

Elementary education professionals are generally very patient and kind.

Just saying.

[Rhythm_Pace_Impulsion]

I see this as a self serving statement, she could have named anyone. Imo