Barisone Trial Starting Monday, 3/28

[Knights_Mom]

@RND

@Knights_Mom

Balinkas did an excellent opening statement. There are so many places to grow doubt.

@Sdel

Yes…there are still some very wide holes to be explored…

I’m genuinely curious about the places to grow doubt and the very wide holes to be explored - can you share details about what you mean?

I think Bilinkas’ line of questioning for the first officer, where he was asking if RG saw LK get shot (the officer was not allowed to answer, but it seems clear it will come up later), he must be trying to make it seem possible that either LK or RG also had a deadly weapon. I think he’s going to have to convince the jury of that to get the self defense theory to stick. I read that for self defense in NJ, deadly force is justifiable only if the defendant thinks he could be killed or seriously injured, and you can’t escalate the violence, like using a gun to protect yourself if the other person is hitting you with a cell phone. I just don’t see how he is going to do this since MB doesn’t remember anything between the time CPS was at the farm and when he was in the hospital. Unless there is an additional witness that we just don’t know about? It will be interesting for sure.

The insanity plea seems like a tough choice so the evidence presented to prove that will be interesting too.

No that’s not it.

The prosecution has some problems. I don’t think it’s feasible to overcome what I see. And it’s just the first day!

[3PonyFarm]

It was the evidence presented so far with the shirt. The legal analyst also brought up why didnt MB shoot RG when he was on top of him if he wanted them dead.
Both the legal analyst and criminal defense attorney thought the prosecution could do a better job of explaining where everyone was.

[MHM]

Where are you guys seeing the legal analyst who is talking about the case?

[3PonyFarm]

Do you remember any reference yet about a crime scene log that the police would done about who arrives when and who leaves when?
My attorney friend said that is one of the first things that should be established at the scene as police arrive.

[3PonyFarm]

I am watching a replay of the case on Law & Crime. There is the host, a legal analyst and a criminal defense attorney.

[eggbutt]

'Mental torture': Opening statements made in ex-Olympian Barisone's attempted...

[3PonyFarm]

The legal analyst said the prosecution should have a transcript of the 911 call with the call itself. They said it was too hard to hear what was said.

[MHM]

@3PonyFarm

The legal analyst said the prosecution should have a transcript of the 911 call with the call itself. They said it was too hard to hear what was said.

I will agree with that.

[RND]

@3PonyFarm

It was the evidence presented so far with the shirt. The legal analyst also brought up why didnt MB shoot RG when he was on top of him if he wanted them dead.
Both the legal analyst and criminal defense attorney thought the prosecution could do a better job of explaining where everyone was.

NJ is very specific about the requirements that must be met to successfully claim self defense. If all LK and RG had were their fists and a cell phone, MB couldn’t legally shoot/shoot at them with a gun and claim self defense.

As for MB shooting RG when he was on top of him, we’ve been told there were only three bullets in the gun, and he shot three before RG tackled him. Maybe I missed where it was stated there were more than three bullets; I didn’t catch the entire thing today. No idea what the shirt could have to do with self defense without more details.

[3PonyFarm]

Just repeating what they said. I don’t know if they watch the entire trial or just pieces of it before they comment.

[RND]

@3PonyFarm

Just repeating what they said. I don’t know if they watch the entire trial or just pieces of it before they comment.

Yeah I get that - I’m not doubting you.

[MHM]

I did not realize until reading that article that most of the jurors were men. It could easily end up that all 12 of them will be men when it comes time to make a decision. I wonder if that will turn out to be a factor.

[Mersidoats]

Synopsis of today’s statements: https://www.dailyrecord.com/story/news/2022/03/28/michael-barisone-trial-olympian-faces-attempted-murder-charges/7168405001/

[ToN_Farm]

@RND

As for MB shooting RG when he was on top of him, we’ve been told there were only three bullets in the gun, and he shot three before RG tackled him.

The gun was found underneath Barisone wasn’t it?

[erinmeri]

I appreciate the clarification, @rothmpp! I had absolutely no clue who he was or what that website was in advance. It was interesting. It seems they are all groupies who listen to/watch trials? They seem to know each other and seem to have their own dialogue. It made me laugh that the shuffling of papers, etc, by this judge were apparently annoying but nowhere near as annoying as the judge in Florida who typed with her nails, apparently!

[Knights_Mom]

@3PonyFarm

Do you remember any reference yet about a crime scene log that the police would done about who arrives when and who leaves when?
My attorney friend said that is one of the first things that should be established at the scene as police arrive.

No mention.

[RND]

@ToN_Farm

The gun was found underneath Barisone wasn’t it?

Yes, but it could be assumed that there was some rolling around before MB was finally subdued with RG on top of him and the gun underneath him.

[MHM]

@Knights_Mom

@3PonyFarm

Do you remember any reference yet about a crime scene log that the police would done about who arrives when and who leaves when?
My attorney friend said that is one of the first things that should be established at the scene as police arrive.

No mention.

I did notice that they asked the first responding officer if this was his first time on an active shooter scene, and he said it was. So I can understand if it was all very new to him, but it seems like they should still have the training to stick to the standard procedure.

[soloudinhere]

I’m avoiding offering an opinion but I think there is significant room for doubt on a few points, recognizing that I need to go back and watch the testimony again:

After RG was ordered to release the defendant, he remained on the ground. Heymer had to physically move him at RG’s direction to reveal the gun. The gun was not in his hand but was “near” his hand.

The testimony about where all three parties were relative to the medical bag in the later photo was problematic for me. Heymer testified that LK was “in the same area as the medical bags”, near the patio furniture. RG and MB were, according to him, to the right of the medical bags nearer to the house stairs. If that is true, his recall is questionable, as he said this image is “basically what [he] saw when [he] arrived” but earlier in his testimony he said that Barisone was in the “middle of the driveway” when he pulled in. Then, we have Lauren, who by his later description is unable to traverse the area around the house, yet has somehow teleported from where he saw her (where the medical bags were located in the photo) to where she received medical attention (significantly further to the right, between the umbrella stand and what appears to be a blue and white umbrella on the ground).

This isn’t a huge area of dimensional space, but that’s a significant discrepancy in my opinion.

I agree with the analyst and the defense attorney that the prosecution did not characterize where everyone was clearly.

[MHM]

@soloudinhere

I agree with the analyst and the defense attorney that the prosecution did not characterize where everyone was clearly.

Despite their extensive pictures and diagrams.