Barisone Trial Starting Monday, 3/28

[DownYonder]

@Jealoushe

Sorry but this is where you are incorrect. Trauma causes issues in the brain. It’s a scientific fact. Sometimes severe issues.

So you can’t read for comprehension, either. I will repeat.

@DownYonder

I said she did not suffer physical trauma TO HER HEAD. She may have had some memory issues related to the physical trauma from being shot in the chest with resulting medication, etc., but I doubt it can compare to someone who has been beaten unconscious by repeated blows to the head.

So again - although the physical trauma to HER CHEST may have caused some memory issues for her, someone who was beaten in the head until he was senseless most likely suffered far worse injury to his brain.

[Jealoushe]

@MorganSercu

Addiction also causes issues in the brain.

Big time

[RegentLion]

What does “defense has created the opening for that?” They’ve planted the seed in the jury’s mind or they plan to address it later?

[Angela_Freda]

@RegentLion

So is there no actual evidence she had cameras in the barn/office since April? If there was wouldn’t defense have brought it up? (other than her “lying texts” to her friend?

Defense hasn’t yet gone, and has been limited in what they’re able to fully explore…

[Jealoushe]

@DownYonder

So again - although the physical trauma to HER CHEST may have caused some memory issues for her, someone who was beaten in the head until he was senseless most likely suffered far worse injury to his brain.

Um, I think you are not understanding what I mean.

I’m not talking about physical trauma to her chest. I’m not talking about physical trauma at all. I’m talking about the trauma of being shot, the trauma of being involved in a violent crime. Like those who are abused, neglected etc. The brain actually suffers an injury, and becomes damaged. Regardless of physical injury. The mind is an organ and can also suffer an injury.

Not trying to be rude but it seems you just aren’t aware of this.

[hut-ho78]

@DownYonder

@anon68314200

I mean the whole dynamic is very messy. MB is supposed to be believed that he remembers nothing, but victim is supposed to remember everything? That antecedent arrangement is hard to parse as reasonable.

It is the brain that remembers things, and it is in the head. MB suffered physical trauma to his head, so I can see where he may have suffered enough brain damage from the beating to not remember the episode. LK, OTOH, did not suffer physical trauma to her head, so I would certainly expect her to have a better memory of the events. So all her “I don’t recall, I may have, I could have” strikes me as her desperately trying to figure out how to squirm out of being caught lying under oath.

Collapsed lung. Bleeding out. Oxygen deprivation. Anesthesia for emergency surgery. PTSD. Lots of memory loss possible.

[soloudinhere]

@RND

I agree about creating doubt, but given MB is pleading insanity and self defense, I don’t see how it matters WHY he took the gun there. Although, that could come into play for the attempted murder charges. I don’t see how attempted murder could be reached at this point, but I also don’t know all the intricacies of how it works for a jury coming to a conclusion when the charge is attempted murder but the plea is self defense and insanity.

The plea of self defense is not a “not guilty by” reason.

If there is any reasonable doubt that the accused DID NOT act in self defense, in other words, if there is any possible belief that he did in fact act in self defense, the return is not guilty. The accused is innocent of the crime charged. He is free to go and exempt from being charged in the action again because double jeopardy would apply.

If they feel that he has in fact proved an insanity claim, then the return is not guilty by reason of mental disease or defect which is truly innocent, but instead not legally responsible. That would entail a remand to a mental health facility.

From my state’s jury instructions on self defense, bearing in mind that New Jersey may have a different standard, I just happen to have this one handy:

“A person is allowed to act in self-defense. If evidence of self-defense
is present, the Commonwealth must prove beyond a reasonable doubt that
the defendant did not act in self-defense. In other words, if you have a
reasonable doubt whether or not the defendant acted in self-defense, your
verdict must be not guilty.”

[Sdel]

@RegentLion

What does “defense has created the opening for that?” They’ve planted the seed in the jury’s mind or they plan to address it later?

He has created the opening for some of his witness to come back and counter her statements on not having access to the office/taking things.

[Angela_Freda]

Goodwin speech is fast, muddled.

[LexInVA]

Notice that RG no longer refers to LK as “fiance” and LK has done the same with him. They now seem to be officially nothing more than boyfriend and girlfriend, a reversal from what was said by them in the time after the shooting.

[3PonyFarm]

Thank you for that explanation. Much clearer now!

[skydy]

@Jealoushe

@anon68314200

I mean the whole dynamic is very messy. MB is supposed to be believed that he remembers nothing, but victim is supposed to remember everything? That antecedent arrangement is hard to parse as reasonable.

I agree. MB would have been better to testify to self defense and victim not tesitfy imo lol

Barisone does not appear capable of testifying, if his appearance yesterday is anything to go by.

[Angela_Freda]

Could RG please enunciate? Yikes.

[Jealoushe]

this is going to be a gong show when defense crosses.

[MHM]

I noticed that RG also says “we” a lot. “We” trained with MB, “we” rode at that farm.

[Angela_Freda]

Where was MB/MHG living in 2018?
None of the three floors of the house per RG

[RND]

@soloudinhere

The plea of self defense is not a “not guilty by” reason.

If there is any reasonable doubt that the accused DID NOT act in self defense, in other words, if there is any possible belief that he did in fact act in self defense, the return is not guilty . The accused is innocent of the crime charged. He is free to go and exempt from being charged in the action again because double jeopardy would apply.

If they feel that he has in fact proved an insanity claim, then the return is not guilty by reason of mental disease or defect which is truly innocent, but instead not legally responsible. That would entail a remand to a mental health facility.

From my state’s jury instructions on self defense, bearing in mind that New Jersey may have a different standard, I just happen to have this one handy:

“A person is allowed to act in self-defense. If evidence of self-defense
is present, the Commonwealth must prove beyond a reasonable doubt that
the defendant did not act in self-defense. In other words, if you have a
reasonable doubt whether or not the defendant acted in self-defense, your
verdict must be not guilty.”

But he could also be found guilty of attempted murder if the jury doesn’t buy the self defense or insanity pleas, and it’s not clear to me if he could be found guilty of something similar but lesser than attempted murder.

[MHM]

Thanks for all the legal information. Very helpful!

[LexInVA]

From what has been said, RG does most of the day-to-day work with the horses while LK occasionally rides the horses and gives them treats, when she’s not so high that she just sits around or naps in RG’s truck.

[Jealoushe]