Barisone Trial Starting Monday, 3/28

[erinmeri]

@RegentLion

So, if she ran into the house to get Rob, and then ran back out into the driveway, when was all this beating MB on the head with the cellphone happening?

Am also very confused on the timeline. Given the cop was there within a minute or two of the 911 call, what could she have accomplished in that time? I don’t believe the 7 minutes. I also don’t think this attorney “ear witness” will testify unless I missed something in these admin/sidebar convos…, so we may never know. Also, wasn’t MHG’s dad visible to the responding officer? Did nobody else hear the gunshots? I find that outrageous as I hear them sometimes more than once a week in my Brooklyn nabe with a lot more background noise than I hear at the farm one county over that I keep my horse at. I hear hunters shooting in deer season constantly. Who didn’t hear this?!?

ETA: one county over from Barisone’s farm

[soloudinhere]

I believe the admissibility of a lot of the social media posts was already decided prior to the first day of testimony - I don’t know if/what they’re doing with COTH posts. They may be sticking with that which could be clearly attributed to her via facebook and text messages. But I really don’t know the plan, I have no inside knowledge here.

As for the standard, perjury only applies to the lie and only to what was said in court.

Interestingly, NJ does recognize perjury by inconsistent statements. For example, if in a deposition or other sworn testimony, one thing was said and a different thing was said in trial proceedings, that person can be guilty of perjury on the premise that both statements cannot be true, so one or the other is a lie, and the lie was given under oath. Not all states recognize this.

“Where the [person charged with perjury] made inconsistent statements under oath or equivalent affirmation, both having been made within the period of the statute of limitations, the prosecution may proceed by setting forth the inconsistent statements in a single count alleging in the alternative that one or the other was false and not believed by the defendant. In such case it shall not be necessary for the prosecution to prove which statement was false but only that one or the other was false and not believed by the defendant to be true.”

[Fiesta01]

@soloudinhere

I don’t know the particular weapons in question but generally you would have to remove the magazine to see if it’s jammed. At the very least you’d have to pull back the slide to view the chamber.

You don’t necessarily have to remove the magazine to see a jam. You also don’t necessarily have to pull the slide back to see a jam.

Depending on the weapon, you can sometimes easily see a jam from the side of the weapon. For example, if a round is crooked and the slide (bolt carrier group) cannot seat the round properly, you can sometimes see the slide partially forward (e.g., jammed on a crooked round).

[3PonyFarm]

Were RG and MB bth standing on the ground when RG said he applied a chokehold or was MB on the ground and RG still on the step. I was trying to visualize what was said. With the big difference in their heights, I was having trouble understanding how the chokehold would work.

[Ghazzu]

The aorta is the main artery supplying the systemic circulation. The first branches off it supply the head (and therefore the brain). If a patient is hypotensive from blood loss, clamping the aorta just past the subclavian, etc., will allow the brain to be oxygenated, but essentially turn off the branch of the hose that has a hole in it. So less blood loss.

[CurrentlyHorseless]

@RegentLion

So, if she ran into the house to get Rob, and then ran back out into the driveway, when was all this beating MB on the head with the cellphone happening?

I did not hear her say she ran back into the house after being shot. Also, Rob was already out on the porch.

[Fiesta01]

@soloudinhere

I do not believe that the responding officer testified that the gun was jammed when he retrieved it. He would have had to remove the jammed item from the chamber to clear the gun on the scene. He said he pulled back the slide, checked the chamber, then removed the magazine and tossed the gun and the magazine in different directions.

Another error by police. You always remove the magazine first so the slide doesn’t pick up another round.

[frugalannie]

@RND

Also it said a lot of clothing was out in the rain. I don’t know when it started raining, but fresh blood definitely washes off easier than blood that has been given a chance to sit on a piece of clothing for a while.

Technical response from someone who worked in a blood bank for years: blood cells will lyse (burst open) when exposed to fresh water, acidic water, any number of things. When that happens the hemoglobin in the cells leaches out and stains whatever it’s in contact with. A hemoglobin stain is tough to remove completely, and it’s the hemoglobin that gives red blood cells their color.

The only way to remove red blood cells without releasing their hemoglobin is to use normal saline, a water/ salt mixture that has the same isotonic properties as the fluid red blood cells live in normally. So if you get blood on something, make up some salty water to get the blood out without lysing the cells.

And I think a Woods lamp (uv light) would show blood stains even on a red shirt.

[Tarlo_Farm]

@Ambitious_Kate

So why was she bleeding from the aorta? Was it from trying to open up her chest?

I interpreted that not as that she was bleeding from the aorta as that clamping the aorta acted like a tourniquet to keep her from bleeding out the nearby wounds.

[soloudinhere]

As I said, I’m not tremendously familiar with the particular gun in question. I know when I’ve jammed one before, that you could see that it was malfunctioning in some way but it wasn’t clear it was jammed, necessarily.

I thought it an odd comment since it’s unlikely that the slide fully back would indicate a jam, but it’s pretty clear it means no ammunition, to anyone who has a reasonable familiarity with guns.

As for the clearing of the weapon, I agree that I felt something was off about it, if only because tossing two parts of a supposedly live weapon out into a scene with unsecured people seemed like possibly not the proper way to go about things; I’m not really familiar with this procedure but removing the magazine and tossing both pieces on the ground seems not-quite-right.

[IdahoRider]

@soloudinhere

see what happened in the OJ Simpson trial with the Furhman tapes, for example.

But Furhman knew he was being taped, as did the woman recording the tape.
Sheilah

[soloudinhere]

Presumably in this case, since the contents of the tape have to do with what RG or LK is saying, they knew they were recording and therefore one party being recorded had knowledge of it.

Conversations that they were not a part of would not meet the one-party standard and therefore be inadmissible. But recordings of them that they made don’t have the same issue.

[KurPlexed]

Maybe her father takes control of her money in case anyone sues her for her "antics " so they can’t get access to it, since she seems to be a… what’s the word?

[Sticky_Situation]

Absolutely! That’s why I specified that they won’t act like they’re high if they’re on a stable regimen of Suboxone and not using other substances (or abusing their Suboxone, for that matter). If they’re still using drugs in addition to taking Suboxone, they certainly can and will act like they’re under the influence.

[IdahoRider]

@soloudinhere

Conversations that they were not a part of would not meet the one-party standard and therefore be inadmissible.

Yep, exactly.
Sheilah

[Fiesta01]

@soloudinhere

I don’t know the particular weapons in question but generally you would have to remove the magazine to see if it’s jammed. At the very least you’d have to pull back the slide to view the chamber.

Someone with more experience than I have could maybe answer better.

On some weapons, sometimes, you can see a jam easily without removing magazine or pulling back the slide. Sometimes, if a round is crooked coming up out of the magazine, the slide (bolt carrier group) will not be able to slide all the way forward, thus you can visibly see the slide stuck part way forward.

[IdahoRider]

@Sticky_Situation

If they’re still using drugs in addition to taking Suboxone, they certainly can and will act like they’re under the influence.

She does not look good. She has lost weight. A lot of weight.
Sheilah

[soloudinhere]

I don’t think anyone is trying to admit the recordings of MHG and MB, necessarily - there’s testimony that those exist. The ones in question appear to be conversations between LK, RG, and one or more additional parties, where LK and RG knew they were being recorded.

[erinmeri]

@eggbutt

No he has not testified and we are forbidden on the forum from saying who we think he is.

While that may be true that we cannot speculate, wasn’t one of RG’s quotes identical to what IM said? Are we sure he hasn’t testified? Just curious…

[Fiesta01]

@BrownDerby

Ex-Marine, my donkey. “Yeah”, not “Yes Sir.” Slouching like a slob. Surely someone on the jury will pick up on that.

Ha! But if what @eggbutt heard is true about not making it through basic training, that might explain a reason why, like lack of discipline.