“There was a camera right above where this occurred. Police/prosecutors were aware of it that night. RG says it would have captured the whole thing. Camera was not seized that night. Months later when police/prosecutors tried to download the camera, nothing was on it.”
That is pretty shoddy investigation by the police.
Before opening statements there was 10 minutes worth of arguments about whether JK was the mastermind of the whole thing when Bilinkas wanted him to be excluded from the gallery as the defense may want to call him to testify.
It’s possible they decided that they wanted the farm for themselves, though there’s no direct evidence that they did. LK herself said the elderly owners liked her a lot while she was there, that top trainers are lined up and eager to work with her at her convenience, and we know that the owners were at the point in their lives where liquidating the farm was a sensible thing to do, especially after the shooting. If MB snapped and got arrested or made enough of a scene to cause serious embarrassment to the owners, the owners would have been likely to kick him out and sell the farm, which is ultimately what happened in the end. If LK and family wanted the farm, it would very much look bad for them if they got it after the shooting, though, we have no clear idea who actually owns the property now, as it has dubious ownership information attached to it in the property records.
THE FOLLOWING WAS SAID ABSENT THE JURY BEING PRESENT
Preliminary by Prosecution:
Cox gave MB UNLOADED gun.
Child Svs came due to SS report
MB got MHK and CSS out of office on day of shooting
MB put gun in locker
Timeline:
RG spoke to MB when MB drove to house
RG walked away
LK came down stairs (in direct conflict with the porch sitting claims she’s made all along)
Prosecution states gun was unlawful because its possession was done with the intent to commit an unlawful act.
The “intent to kill” is assumed if one uses a weapon labeled “deadly weapon”.
Defense Preliminary:
Dad very involved. JK should be excluded due to possible testimony and Balinkas wants sequestration order.
Judge to consider.
The $50 G of construction was never supposed to be paid for.
The plot involved THREE people: LK JK RG
Prosecution states they had no knowledge/discovery regarding text messages between JK and others
Defense states JK was writing texts for LK and RG to use
Judge considers relevance.
JURY IS ADMITTED INTO COURTROOM
Prosecution Opening Statement:
After shooting RG fled into house
LK was coached by Justin, MHG and MB
Parties argued daily and both gave the other a hard time
Defense Opening Statement:
MB had been doing intermittent counseling for 20 years and had been repeatedly sexually abused by a neighbor as a minor.
MB had a bad home life as a minor.
Defense asserts the Pros did a bad job and will struggle to fill in the blanks.
JK RG LK devised a plan to to destroy MB and make him crazy and posted such on social media. LK social media contains several posts regarding guns.
LK was amused and thought it was funny and posted such on social media.
Everyone has a breaking point.
In despair MB calls the CEO of USEF and the General Counsel of USEF.
MB hires a private security guard at a cost of $100/night.
MB barely sleeps and constantly walks the property making sure all is ok.
Police via statement made to them by LK that LK is recording him never tells MB that LK is recording him.
LK tells MB she is sending people unknown to MB to ride her horses and stay in the house. MB lawyer tells him to get waivers. MB tells LK this and she goes ballistic.
MB hires a debugging company at a cost of $5,000. They find nothing.
LK had stated she put listening devices where no one would find them.
Over 70 private conversations were recorded. These conversations occurred in the stable, the office in the stable and the residence.
LK was served with a FORMAL EVICTION NOTICE.
The various agencies like Fire Dept,. Building Dept were called by LK for work RG had done and MB was forced to sleep on a mattress outdoors rendering him virtually homeless.
RG makes hand gesture to MB in a form of a gun and states “Get Ready”.
LK accused molestation to MHG’s son.
When the incident happened:
RG states MB approached him repentant and not excited. MB asks if there is any way to work things out. RG walks away. LK walks past him and approaches MB.
MB is then “horrifically” beaten by both LK RG and the dog and the dog bites MB near/on groin.
RG’s voice on 911 call repeated over and over again “I’m going to f****ng kill you”.
1st Cop states MB barely conscious.
2nd Cop states MB incoherent
Cops were told by RG that he has it on video. They do not secure the video. Months later they go to get the video and it is blank.
I’m relaying some of the commentary from the feed while the trial is on break. I’m not posting on the feed so don’t try to pin anything said on me. The only personal commentary in that post is that we know the cameras recorded to the cloud, and that the recordings on the cloud could probably be deleted remotely.
I’ve made several posts relating the comments I’m seeing from the feed previously.
I had a law professor once say that opening statements can pretty much decide how the jury will decide. She was a state prosecutor before she became a professor.
that’s materially accurate as it’s the only time you can create a “storyline” that contextualizes all the evidence in the way you’d like it to be framed.
The risk is, if the evidence does not play out the way you wanted it to, then the whole “story” that you’ve put together to characterize your case is generally tossed out with it. People, in general, when seeking to understand information they haven’t previously had, are always looking for context. If the later details don’t support the context, well…
Not a commentary on either party’s statement here. Just generally on the idea of opening and closing statements.