The Defense will file motion to dismiss and if that’s denied that motion can be appealed if that states motion practice is the same as my states motion practice.
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I understand why the Defense doesn’t want it, especially considering Safesport/USEF.
But I understand why the Judge wants to include it.
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I think it will be an additional charge for the jury to consider. Attempted murder and aggravated assault. He could be found guilty/not guilty on both or guilty on one and not guilty on the other.
Remember the George Floyd case. Officer Chauvin was found guilty of second degree murder, third degree murder and manslaughter. I read explanations but, ho nestly, never grasped the fine points of the law.
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HEY lol I may be a “Karen” that grew up & still lives in NJ (not a transplant to Fla), however, the “Soprano” in me outweighs the “Karen” any day 
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LOL that means she shoots the manager
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I went back and found it starting at 59:00 in Day 10 the charge conference.
The prosecutor included it in his draft of what he wanted the jury charges to be. And the judge sounds like it’s totally normal and fine, he’s just trying to figure out where to put it, since if the jury goes with insanity, then they wouldn’t consider the lesser charge at all.
Here is the video of day 10 starting at 59:00 right before the prosecutor interrupts to talk about the lesser included charge.
(Edited to make it a link instead of just the url, hopefully it doesn’t insert the giant preview…)
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I, personally, would never shoot anyone…lol
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Neither would I but I made myself giggle with the joke
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Sorry…I had to lighten the day a little lol I do have a “friend” named LUCKY…just thought I’d interject that lol
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Bilinkas said he was going to move for a dismissal 1st thing tomorrow and Taylor snapped back that he would deny his motion. Bilinkas just gave him that sly smile in response.
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I understand Bilinkas believes MB will be found not guilty on the existing charges and objects to the state throwing a lesser charge just because they can. It’s all about winning, not justice.
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Balinkas focused his entire defense disproving the charges as they were.
Throughout this whole 2.5 year ordeal the prosecution had ample time to add assault. The Defense certainly had to register their planned insanity self defense assertion.
Every witness, every exhibit was laser focused on these charges.
Then the Defense closed.
And thats when the prosecution decides to wake up and talk about assault? The very thing this vacuumer has been talking about for years?
Sorry D.A. dude, you dropped the ball.
Charging MB now, with ZERO opportunity to defend on this line of assertion is a violation of the defendant’s rights. It needed to be done prior to the Defense closing so that the Defense was afforded an opportunity to defend against it.
NOT GUILTY.
Even the prosecutor knows it. This sketchy move proves that.
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The defense usually move s for dismissal. Nothing significant.
The evidence would be the same for aggravated assault as for attempted murder. Bilinkas would offer the same defense and witnesses. His strategy would still be to attack the victims and argue Barisone was insane and not legally responsible.
Even MB’s psych witnesses said he fired the shots. I
If Barisone is convicted of the crime that matches his action, that’s justice.
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Wait. What did I miss? I’ve been spending all my free time watching YouTube Law &Crime. Aren’t closing arguments tomorrow? (Monday)
When did the charge change or didn’t it? I’m still not caught up on Youtube.
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WATCH LIVE: NJ v Michael Barisone Trial Day 5-Cont’d Cross-Robert Goodwin-Lauren Kanarek’s Boyfriend
with respect to 33:02
Defense questions Robert Goodwin re camera being turned off. Blink, the name of this model or manufacturer of camera, sent an image at 1:42 which, RG has testified was previous to the shooting at about 2 pm. RG confirms on the stand he got the image.
Question: Without more forensic evidence, ie, the camera reveals no recording during the time MB arrived, during, and after the shooting, how do we know LK, self described as “bad ass” and “angry” on the stand, did not come out and inflame the situation, take swipe at MB, and start a physical altercation?
The judge warns of speculation by the jury, but there is no hard evidence about anything other than LK was shot, RB, identifies MB as the shooter, and MB is dazed and seems to believe it is true. How does the jury know anything for sure?
How do we know that RG didn’t get physically involved in choking MB while LK was beating MB causing head trauma before the gun was fired? How do we know that MB was in fact under attack and fired in self defense. How do we know he fired the gun at all? Because the two people, who are so unsure as to so much information lending up to that point, on the stand say so?
Add in the attacking dog … RB breaking MB’s arm …
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It’s not an additional charge, it’s a lesser charge. The prosecution even kind of went through a proposed jury verdict sheet, which is like a flow chart.
If guilty of attempted murder => did the defense meet the burden of proof for insanity?
If Not guilty attempted murder, => consider agg assault or whatever lesser he decided on.
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We don’t know. However, since some like to speculate, I’ll asked this question that I’ve been wondering about. What would be the reason that RG would physically attack MB? I don’t think I’ve read anyone give one. RG may be no rocket scientist, but he surely knows he’s going to jail for serious assault if he would do something like that. I just do not buy into the RG attacking scenario.
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Thanks for the clarification. I don’t watch the video.
But the jury would consider them both? Not come out and issue a no guilty, then go back to consider assault.
Did MB’s psych witnesses say he fired the shots?
Or did they say he took the gun and then he did not remember what happened at the house?
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