I surely can’t…toss a medical question at me and I can most likely answer, when it comes to the law I am totally lost!
So ya’ll are thinking Taylor simply wants a guilty charge on Barisone’s record? It’s really that vindictive???
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I wondered that too. I’m wondering if they want it so he can be sent somewhere for help?
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B believes that there isn’t any evidence that he intended to go down there an dkill someone, so in his argument, not guilty.
As for the insanity, he thinks that’s proven.
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I think it would be a mistake for the defense to not opt for lesser included charges. If the only options are guilty not not guilty of murder, it may difficult for a juror to say not guilty, after testimony confirming that MB went to get a gun, got in his truck and drove to confront LK and RG, with a gun. Allowing a lesser charge like aggravated assault gives the jury an “out,” where there is still some justice for the victims without seeing MB spend his life locked up.
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I think he feels there has to be a charge based on the incident. jmo
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I was watching his body language (Blinkas) and he seemed taken back. I honestly think this is a mistake. I looked up the time for attempted assault and the low range is 18 months!!
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Fighting the jury instructions is another avenue to get an appeal. Plus, it limits the jury to yes or no. No well, he was driven to it, but he should pay something.
This is why the judge doesn’t want the jury to know mb had been incarcerated, they’ll possibly consider that payment enough, and pick not guilty. JustIMHO
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So, already served.
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Exactly!
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I wasn’t clear on the procedure in NJ before today’s discussion, but it sounds like they will allow “lesser included offenses.” This is also true in NY where I took the bar (I’m also licensed in other states but was admitted without taking the exam so didn’t have to memorize criminal law facts except in NY). So that means if there is doubt as to all of the elements of attempted murder, which would most likely be the intent piece, then the jury can be instructed that they could find him guilty of a lesser included charge (which would be lesser degree crimes or misdemeanors), which would require the having a gun involved piece but not require the same intent as attempted murder. Perhaps he just had to be negligent or reckless.
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That seems like a pretty big gamble to take with a man’s life. He either must be extremely confident in the jury’s response… or you’re right - he doesn’t know what he’s doing! 
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which he is has more than served already.
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I can’t imagine why the defense would want a lesser included added… this is usually something that the defense ASKS for and the prosecutor doesn’t agree too. In my opinion this is all rather odd. I usually see the lesser includedes (I made the word up 
) added to the verdict form BEFORE the trial starts not after both sides have rested. I am not well versed (or versed at all) with NJ law or how trials work so not sure if this is something that happens all the time in their court.
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Oh, you’re right.
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I have an extensive concussion history.
In the most serious one, I was knocked out for an undetermined amount of time before I was found. After I was found, I had VERY brief periods of consciousness and lucidity before going out again.
My first memory after the wreck is waking up in the ambulance and seeing the crew (all friends) looking down at me. I asked “What happened?” and they would tell me “You fell off a horse.” and I would ask “What horse?” The EMT/friend would give me a weird/twisted version of the horse’s name and I would pass out again. I was later told this happened multiple times on the 45 minute drive to the hospital. All in all, I have about 20 minutes of memories for the 24 hour period after the fall. After that, I was pretty drugged up, so hard to say what was from head trauma and what was from sedation. My memory up until the actual moment of the fall is intact.
So, yes, it is absolutely possible, even typical, for people to have brief moments of lucidity before lapsing back into unconsciousness and for the amnesia to be transient rather than continuous.
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I think B is playing Chess here, and trying to position for something even lesser? But I don’t kniw the law, so what that could be besides 2nd degree Att Aggressive Assault, (State requests on count 1 &2 without regard to diminished capacity)
Defense doesn’t want any lessers, Judge refers to this as a strategic decision. Wrt testimony from defense Experts wrt mental health.
I’m no gambler. I’d be all over something because juries are not predictable.
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I don’t understand why Balinkas wouldn’t want something like “attempted agg assault”. He would probably get timed served and let out in that case (just by my experience in MI)
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I was attempting to be funny.
Secret versus secrete. I was asking how one oozes out a gun, since that is what the list said, secreted.
Carrying concealed is not a secret to me. I am the person who posts in the gun threads that you (general) do not have any idea who around you or how many people are actually carrying a gun because the whole point of concealed carry is that it is … concealed.
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I can’t believe he is rejecting this “chance”. Sometimes juries are locked in on what they can do, and if there’s another out for them like a lesser included charge, they’ll take it. Sometimes, they may take it as a compromise verdict out of sympathy. At least it gives them options.
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