Barisone- New Thread

It may have been, although I don’t remember the title off the top of my head. I read all those Dick Francis books and loved them, but it was a long time ago by now.

I enjoyed the ones the most that were more directly related to jockeys and the racing world. When he started to write books that were more tangentially connected to horses, those did not grab me quite as much.

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My thought was maybe he could find a way to turn off the electricity to the house. Or move everything to FL and turn off the electricity. But it gets complicated when you have clients who follow you, etc. He could not abandon his horses.

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He was not unconscious when the police arrives as you can hear the policeman telling him to stop struggling or he would f…ing kill him. Also remember the policeman found the gun was underneath MB.
Someone that knows how to do a choke hold also knows when to release as not to kill. Boyfriend didn’t want to kill him just refrain him until police arrives. They also called 911 for help and that is all on tape. What motive other then to protect themselves from someone that already shot one of them would they have for beating him? If to “finish him” why didn’t they when they had the chance and could claim self defense?

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They would have said so at trial if he did. They only brought up his alleged hand to hand combat training in the military, which would have been YEARS ago. Between 15 and 20 years ago.

Nothing else.

Also… RG isn’t particularly fit. Or sober. He’d get his butt kicked at any MMA studio. Regularly. He’s wash out quick.

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Well, according to Dick Francis, you can pop a shoulder joint back into place relatively easily if you know how to do it, although it is incredibly painful in the meantime. Now I’m starting to wonder what percentage of the medical knowledge I have rattling around in the back of my head actually came from Dick Francis.

(Edited to add for clarity: MB had his elbow dislocated, not his shoulder.)

But to be fair, Dick Francis was a jockey for a long time, so he probably learned a lot of accurate medical knowledge himself from getting banged up during the course of his career. Lol.

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I don’t know NJ state court, and maybe someone else does. But generally, jury instructions are not really written by the judge from scratch. There are jury instructions that have been written by legal experts and tailored to explain/include the elements of each crime to a jury. Then you grab each component of jury instruction you need for a specific case, and compile them together and fill in the specifics.

For example, here you would need jury instructions for each crime charged. Then insanity jury instructions. Then possibly any extra jury instructions the judge wants for specific evidentiary issues. There are some jury instructions that get used at pretty much every trial (can’t bring in outside opinions, no googling/outside research of the case, don’t discuss the case while its ongoing, etc).

All this to say, my guess is that this is the charging instruction for the attempted murder, and the legal framework set this already - this isn’t something the judge decided.

And actually - found the jury instructions the judge is using. https://www.njcourts.gov/attorneys/assets/criminalcharges/homicide1.pdf

Middle of page 3.

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I really miss Dick Francis. The son Felix just hasn’t been able to carry the torch imo

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If either of them are paying a publicist to make them look good, that person needs to be fired immediately. Immediately!

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In my opinion, the life was that of Rosie, the dog that had bitten several people in the preceding days. And I’d also postulate that the beating MB took is what prompted the actual shooting.
That comes from personal experience. A barn I leased had owners with a dog known to bite. The poor dog had serious and ignored vet issues causing pain (a swollen and popping out eye, for one thing) and owners refused to care for it. I started carrying a sidearm when they were home because the dog was allowed to run loose. One day, owner asked why I was carrying. I told him. 20 minutes later I heard the tractor running, followed by a gunshot. He shot and buried the dog rather than take it to a vet to get the eye taken care of.

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thank you for the explanation!

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I was wondering about this. Thanks for explaining it in detail.

I figured there were probably standard instructions related to different charges, that are regularly used when those charges are part of a given trial. And… it was a matter of putting together various sets of standard instructions into a comprehensive document for a given jury, depending on what particular charges are involved in a given trial.

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I don’t think I’ve read anything by Felix. I’m not sure I even knew he was trying to carry the torch.

Which would be a pretty daunting task, really. Like, a Statue of Liberty sized torch.

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I believe you are making assumptions not in the record. Just because he knows a chokehold, doesn’t necessarily mean he knows when to release, and it certainly doesn’t mean he didn’t want to kill him. Police arrived pretty promptly, maybe RG ran out of time.
As to calling 911, that was LK. I can see that would be the first reaction if one has been shot, regardless of what RG’s intentions were.

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That is it exactly. Lots of copying and pasting and then fill in the blank. Lawyers from each side submit the instructions they want (and sometimes get too creative). But judges (IME) tend to stick to very standard, well-established jury instructions that address each issue. Failing to instruct on something, or instructing in the wrong way, can be grounds for reversal on appeal, so its a thought out process.

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The first policemen to arrive said on the stand that was him telling MB to stop struggling. He had to cuff MB’s arms behind him
He did not say MB was unconscious. MB was making statements.

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You can, but man it hurts. Mine randomly would dislocate. Never figured out exactly what movement popped it out, or back in.

Finally went to orthopedic Dr. Ball of shoulder was flat on one side, tendon that holds it in place was underneath. Had surgery in December to fix it.

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It means it was done surgically, through an opening in the skin. They tried to do a “closed” reduction but it was unsuccessful.

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Here’s an example of what I witnessed. The alledged victim testified that she had the keys to the car when she ran out of the garage towards the neighbors to call 911. This was concluded by many on the jury to be an obvious lie because how then was the defendent in the house when the police arrived? I’m over in the corner repeating people leave their house doors from their attached garage unlocked ALL OF THE TIME. They also decided she was lying because she said the garage door was closed so she couldn’t have left the garage without opening it. Once again I’m in the corner repeating that there are frequently other doors to the outside on garages besides the one you drive your car through. It was maddening. But I what was really discouraging is that if we were really following the instructions on what we were supposed to be deciding these details were not even relevant.

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Yes. And let’s face it, she has probably crossed paths with a lot of different kinds of people while working for the health department for years and years. I would trust her spider sense.

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Probably a carnassial tooth abscess, poor mutt.

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