Barisone- New Thread

[Jealoushe]

@Angela_Freda

Yes.
By me.
If you want to DIY and compare them, that would be awesome.

I don’t think I would be able to lol

[anon6923113]

They’re deliberating again. They just finished watching all of Simring’s testimony again.

[SpicyPRE]

I am curious why Bilinikas did not present other scenarios of what could have happened that day. There is no evidence that clearly supports any one scenario vs another.

[StB.YM]

He tried. The judge stopped him every time.

[Jealoushe]

That’s not true

[SpicyPRE]

Is it because it would be speculation?

[caffeinated]

@SpicyPRE

Is it because it would be speculation?

Probably. There’s even less evidence to support alternative scenarios.

[anon6923113]

Yes. Bilinkas would have had to have some evidence of an alternative scenario, or MB would have had to testify to something. The defense isn’t allowed to make up alternative scenarios out of whole cloth.

[ekat]

Remember the nice health department lady’s testimony? That she physically backed away from him? And I’m paraphrasing but he gave her a really bad feeling? I think she’s on the same page as you.

[StB.YM]

Maybe I’m mistaken? I recall him trying to suggest the timing of the beating and dog attack was earlier than the shooting, but the judge stopped him for lack of supporting evidence. He was able to ask the expert shooting witness about whether it was possible that the bullet impact at the window could have come from the ground or go through LK. Am I missing something else or misremembering?

[ekat]

Not going to lie, all I hear is Rosie. Anyone that gets anything meaningful out of it impresses me. My brain just hears the dog, which is weird because I’m perfectly capable of tuning my own dogs out when they’re barking at a doorbell ringing ON THE TV. I don’t even have a doorbell.

[Knights_Mom]

@anon6923113

@Angela_Freda

Injuries MB had?

Head laceration, ear(s) battered with blood inside, hematoma, they took him for an MRI or CT to rule out serious issues before they reset his dislocation. Dog bites.

He was in the ICU. I believe for days.
He was given, at least, 100mg of fentenyl and other pain medication.

I’m sure I’m forgetting some. But it was bad, as evidenced by where they took him and treated him with.

Let’s talk about this briefly.

It’s clear MB was SERIOUSLY beaten by RG.

Let’s review who and what RG is.

RG is someone who definitely didn’t last in the USMC. I still wonder what the terms of his discharge were (yup… that’s speculation… but I still wonder).

RG has had a serious drug problem for YEARS.

RG does not have a real job. He relies on his girlfriend’s father for his living expenses.

RG apparently reached some agreement during the spring and summer of 2019, that he would do work for MB in exchange for board for extra horses of LK. But Mike McGrain testified that he actually did 70-80% of the tiling work. That RG was often a no show.

RG testified that he “slipped” a “few times” during the summer of 2019, and used drugs again.

Sooo… let’s take all that information, which was on the record in this trial, and say that RG is a person who does not have a great deal in the way of intestinal fortitude, or follow through. He’s a 1st class ‘no load.’

Yet on the day of the shooting… he magically transformed into a brave hero. A strong, brave, decisive hero. Who saw LK get shot, and then jumped into action. He ran towards danger, and faced down an armed man, a man who was MUCH larger, and more athletic than him. RG competently and swiftly dominated this much larger man in a VERY physical struggle, in a high stress stress situation, when the larger man was armed. Thus saving LK from more bullets, etc.

How remarkable that this life long, shiftless dirtbag, suddenly transformed into a brave hero, right when it counted.

Anyways…. Count me skeptical. VERY VERY skeptical. MB was beaten to a pulp. That’s demonstrably true. I don’t think RG has the guts or strength of character to rush at an active shooter. I think the beating started BEFORE MB fired that gun. And RG took MB by surprise. And that’s how he dominated him. And at some point during that struggle and beating, MB did indeed fire that gun. Why and how LK got hit? I don’t know. I don’t know that it wasn’t intentional on MBs part. I don’t know that MB did whatever was required by law to qualify for self defense in NJ, in a situation where he drove up to a house armed.

But I am certain something about the story RG and LK has told in court is complete and utter BULL. And based on the evidence I heard, my BULL detector goes off with respect to RG doing anything brave, and indicative of any measure of true character, such as making a split second decision to rush at an armed shooter, defend LK, etc etc.

Anyways… just thought I’d insert this particular comment here, in response to the detailing of the injuries suffered by MB when he was beaten.

This. This is the most likely of scenarios.

[trubandloki]

@hntrjmpr

Ughhh no verdict yet?? I got a full day of work stuff so checking in when i can!!

I think they are still watching the testimony they requested.

@SpicyPRE

I am curious why Bilinikas did not present other scenarios of what could have happened that day. There is no evidence that clearly supports any one scenario vs another.

The judge would not let him.

[MHM]

@roseymare

I have started antiwordle. It’s weird.

Wait. What is antiwordle? My autocorrect really objected to that word. A lot! Lol.

[alicen]

From Chron of Horse 4/11 Closing Arguments by Mellisa Wright:
The jury now will enter its deliberations. In delivering instructions, Superior Court Judge Stephen Taylor told the jurors, among other things, that, “The use of a deadly weapon such as a firearm, in itself, may permit you to draw an inference that the defendant’s purpose was to take a life.”

Discuss.

[ekat]

“May permit you to draw an inference…”. Not “shall cause you to determine…”

[MHM]

@anon6923113

But brawling periodically with other common criminals… vs effectively using hand to hand combat techniques, including use of a reverse choke hold on a much larger, and much more athletic guy?

It’s actually apples and oranges.

I think it’s also a little bit apples and oranges to describe or think of MB as his usual athletic self by then. According to the testimony from multiple witnesses, he had descended into almost a catatonic state by that point in the proceedings. Not eating, not sleeping. A shadow of his former self, I think one of them said.

So I don’t know if his normal mental or physical reactions would have applied.

Obviously, more conjecture.

[Rel6]

Testimony is evidence. So to the extent there is testimony saying it happened X way - that is evidence. Of course the jury is then free to give that evidence whatever weight they deem appropriate, but it is evidence.

The defense can introduce evidence of an alternative scenario through testimony (if someone can take the stand and truthfully testify it happened differently) or physical evidence. My guess is if they did not do so, its because they didn’t have any. If there was physical evidence that was exculpatory (showing a tendency towards innocence) I have a hard time believing the attorney would deliberately chose not to introduce that.

Barring introducing evidence of another scenario, the defense can ask questions on cross examination to poke holes and create doubt (“Isn’t it possible that…” “So you can’t say say for sure whether…”). It sounds like he did that. I watched very little of the trial, so I can’t say how this applies here, but may clear up why he didn’t introduce alternative scenarios.

[Knights_Mom]

There are MMA and martial arts studios everywhere so maybe RG practices his skill set there

[ekat]

He’s too busy rebuilding the farm, doing the laundry, taking care of the horses, playing with the dogs, and “slipping up a few times” with his drug use.