I was able to watch a lot of the opening statements and I thought Barisone appeared genuinely distressed (from what the camera showed, anyway). My impression isn’t that he is exaggerating or faking that response. I hope that, whatever the outcome of the trial, he gets and has been getting support and mental health treatment.
I’m interested to hear the defense experts’ testimonies, because from the opening statements I still think NGI under new Jersey statue is such a high bar to cross with the information they’ve shared thus far (and of course, that doesn’t necessarily give any info on the outcome of the trial as I know that’s not the only defense they’re bringing). I think NGI in a state that had a two pronged statute and allowed for irresistible impulse would be a lot easier to prove - I also wonder if the prosecutor thinks that too? I’m totally biased because the part of the law that I know is the mental health side, but when the prosecutor mentioned impulsive actions in his opening statement I thought that he was probably grateful New Jersey doesn’t allow that as a defense.
The jurys job is to consider ALL evidence before making a decision. Deciding in opening statements is not only wrong but it shows you are easily swayed by theatrics.
They’re doing a pretty good job with the cameras I think. I’m pleasantly surprised that we get to see the aerial map as the officer is testifying about it.
This is the difference between law and base human nature.
Humans being humans, first impressions and the way they feel about particular parties involved in a case is supposed to be irrelevant, but it’s impossible to ask a human to be completely objective and not respond to these things. That is why juries are more than one person, in the prevailing theory that a cross section of the defendant’s peers will hold different opinions based on their life experiences, prejudices, and other human factors.
Did either side explain why LK and RG needed to live on the farm, per the agreement made with MB when relationship began, rather than their own place or with LKs family?
Doesn’t matter. The idea is to create either a reasonable doubt or an impression and back it with evidence. Juries will remember the initial statement as to why. In this case, Bikinkas said that Barisone was in fear for his life and he repeated several times. It’s an effective tool for defense.
I don’t know NJ law, but in my state, there are extreme problems with Haymer’s action in disabling the involved weapon if his statement that he “threw it” near a “gravel pit” and the magazine was “somewhere” is accurate.
The reason for the agreement hasn’t been made clear, only that it was negotiated that they reside on the property and it’s been said in past discussions that MB later discovered that LK was not allowed to be residing in her childhood home with her parents, though that has obviously not been spoken of in the trial at this time.
It does matter though because some of those jurors will care about facts. I’m not saying an opening statement is not important, Im saying its not good if jurors are deciding the verdict based off that alone.