Barisone- New Thread

The defense I believe said early on MB doesn’t remember anything from leaving CPS meeting until in the hospital, basically the period of the alleged criminal activity. However, the defense expert witness stated MB told him that he remembers he took the gun out of the safe shortly before the shooting (for defense) and going to confront them. Will the jury see this inconsistency and question that MB had memory lost at all?

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… You mean shortly before the shooting… DURING THE CPS MEETING… it’s not an inconsistency…

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I thought it was to save money and for max credit for time served.

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That poll isn’t clear to me. Is it Not Guilty or Not Guilty Insanity. I think that makes a big difference.

Journalistic standards of tabloid vs broadsheet.

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I kind of think the memory loss is almost a red herring. It mattered when Mr B was trying to get to self defense, but it also backfired because the judge determined only Michael could testify to the threat of imminent harm, which is key to self defense in NJ.

For the NGRI defense, it doesn’t matter. What matters there is if he was so delusional that he couldn’t distinguish right from wrong or consider the consequences of his actions at the time of the shooting. You have two experts that say he didn’t know right from wrong, even after the shooting because he was delusional in a clinical sense, not in the sense of like when I tell my kid he’s delusional because of some random request of his. The state’s expert says he’s feigning the memory loss. But even he agreed the guy had mental health issues. He just didn’t agree that they reached the point of a psychotic break from reality. But he agreed he wasn’t feigning depression, anxiety, terror.

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More to the point, he went on and on and on about how the terror was real and all the others felt it too.

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Let’s also think about that part of the 911 call, when RG is fighting with MB , and the dog is freaking out, and LK is on the phone, and then it’s possible to hear RG yell at what must have been LK to go ahead and get the dog in the house.

If RG had rushed at MB to attack him, when MB showed up, and MB had responded by reaching for the pistol, and missed RG… and accidentally hit LK instead… who was standing further back…

Well… if RG continued wailing on MB right then, and of course the dog was all up in the situation…

RG might have been unaware that LK was shot at that key point. And LK might have dropped RGs phone, on which she had been speaking with Ed David, right after she was shot. Or… put it on a nearby patio table. And then Stumbled to get her phone… wherever it was. And then managed to call 911. And told them she was shot. And… if RG had been fighting with/beating MB that whole time… he might have still been unaware she was shot accidentally, and yelled at her then to put the dog inside… which can be heard on the 911 call.

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Realistically, MB would have been much better off without the memory loss. As someone mentioned upthread, it would have taken him about 30 seconds to come up with a plausible story about what happened there that day. And it would be the word of a successful and respected Olympic coach and rider against the word of two people with a long history of legal trouble and drug use.

For sure, he would have been better off admitting he could remember the events if that had been the case.

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That is why the judge is adding the lesser charges of aggravated assault for impaired something now I forgot what he called it.

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he also spent the least amount of time with MB of the three.

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Yes, so if the terror was real, it’s not a huge leap to see someone struggling with mental health break under the pressure.

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Even if there was an inconsistency here, I’m betting the jury will be too busy with the 20 or so inconsistencies between LK et al

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I completely agree. But I do believe he’s not faking it.

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Holy crap. You can’t be serious. I’m self employed and have done this exact same thing however when you are dealing with a "predator " or "predators " this is not an effective means to an end.

And that’s exactly what I consider these people. Predators.

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How come neither the Pros or Defense told us which phones were used to call whom?
RG was on his own phone with ED, which he handed to LK
What phone did LK call 911 on?
They must know, right?

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Diminished capacity, basically enough mental impairment to not be able to formulate the intent to murder but you still know right from wrong and you still caused harm.

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The judge only did that because he knew the State does not have an attempted murder case. It is a biased action.

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It was about rejection. And as I have mentioned several times, certain personalities don’t handle rejection very well. :roll_eyes:

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Lauren told us she tried to call on her phone but couldn’t get it to work, so she called on Rob’s phone. Which kinda makes me think she’d already broken her phone on Michael’s head.

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