Barisone Trial Starting Monday, 3/28

[Jenerationx]

looks like crime scene investigators stuff.

[Angela_Freda]

Officer Bailey just said that the safe was open when he went in to process the office.
Who would have opened it?

[Jenerationx]

Maybe when the gun was removed.

[Knights_Mom]

@Joanne

Am I mistaken that MB does need to prove anything, as in he was backing up? He has to be proven guilty?

@soloudinhere did an explanation above about 60 to 100 posts but no, not completely.

[Angela_Freda]

Did he take the gun up to the house to show LK and RG that RCs gun was, in fact, not missing so they would stop posting about it, thinking that the missing gun was the impetus for CPS visit?

[Angela_Freda]

@Jenerationx

Maybe when the gun was removed.

So you think MB left it open, with several rifles and handguns in it, while CPS was there?

[rothmpp]

@hut-ho78

It isn’t self defense because MB needed to prove he was backing up and trying to leave and he can’t do that because no evidence exists he did.

I’m not versed on the actual definition of self-defense in NJ, but you seem to be combining duty to retreat with self defense. For example, you can’t retreat if two people are holding you down and beating you senseless, but I’d bet under NJ law you can defend yourself.

[Jenerationx]

If he’d hit that point of insanity? Maybe. There wasn’t anything brought up about anyone else being in the office that would have removed a gun that day. It’s also possible hearing the shots, someone at the barn opened it to see if any guns were missing. Who knows. Lots of maybes.

[Virginia_Horse_Mom]

@Angela_Freda

Did he take the gun up to the house to show LK and RG that RCs gun was, in fact, not missing so they would stop posting about it, thinking that the missing gun was the impetus for CPS visit?

Huh This is another possibility.

There are a lot of possibilities left on the table right now concerning why MB might have had that gun in his possession when he went to the house to confront LK and RG that day.

It simply has not been proven yet - at least to me - that he took the weapon to the house because he was furious with them, and intended to attack them in one way or another.

Is the prosecution completely done presenting their case? Or might they call another witness on Monday?

[punchy]

The state has to prove, beyond a reasonable doubt, that he purposely tried to kill LK and/or RG. If the jury believes there is reasonable doubt that he did that, they find him not guilty. That is all the state’s burden; MB just has to cast enough doubt on the state’s case.

If the jury finds, beyond a reasonable doubt, that he did purposely try to kill LK and/or RG, then they will go on to the next step and consider his defenses—self defense and insanity. Those defenses are MB’s burden to prove.

[Knights_Mom]

Yes. What Punchy said.

[Virginia_Horse_Mom]

@punchy

If the jury finds, beyond a reasonable doubt, that he did purposely try to kill LK and/or RG, then they will go on to the next step and consider his defenses—self defense and insanity. Those defenses are MB’s burden to prove.

Maybe one of the actual lawyers can weigh in… but isn’t the burden of proof for an affirmative defense different? Isn’t it a preponderance of the evidence standard? And then the prosecution has to disprove the affirmative defense to a certain extent?

I’m not stating this well. Hopefully one of the lawyers can jump on and do a better job saying what the relevant standards are.

[Fiesta01]

@hut-ho78

The second police officer on the scene testified earlier before trial about the second clip.

The second clip that no one knows how it got on the back seat of the police car? Wonderful chain of custody there.

[MHM]

@Virginia_Horse_Mom

Is the prosecution completely done presenting their case? Or might they call another witness on Monday?

I believe the prosecutor said they had another witness or two left for Monday morning. We have not heard from their psychiatrist/psychologist/whatever yet.

[Virginia_Horse_Mom]

@MHM

I believe the prosecutor said they had another witness or two left for Monday morning. We have not heard from their psychiatrist/psychologist/whatever yet.

Interesting. So there will be psychological experts testifying for both the prosecution AND the defense?

Definitely interesting .

[MHM]

@Virginia_Horse_Mom

There are a lot of possibilities left on the table right now concerning why MB might have had that gun in his possession when he went to the house to confront LK and RG that day.

If he actually had it with him.

[MHM]

@Virginia_Horse_Mom

@MHM

I believe the prosecutor said they had another witness or two left for Monday morning. We have not heard from their psychiatrist/psychologist/whatever yet.

Interesting. So there will be psychological experts testifying for both the prosecution AND the defense?

Definitely interesting .

We’ll know soon. Twelve hours to go!!

[Virginia_Horse_Mom]

@MHM

If he actually had it with him.

Exactly. So there’s that added element of doubt too.

Doubts here, doubts there, doubts everywhere.

The question is, are these doubts “reasonable?” I will admit, that after witnessing certain people’s social media posts over the last two years… I have opinions about certain people involved in this case.

But I think 12 random people on the jury might develop opinions as well pretty quickly. It’s a pretty crazy case…

[Danvers]

Sign me up! I pay $3200 per month for one horse plus plus plus in NY and I don’t ride with an Olympian! I want to ride with MB for 2500 for even one horse and plus plus plus. These prices that lk is throwing out is fairy land. Honestly. Never heard of these prices any where especially with an Olympian.

[MHM]

@Virginia_Horse_Mom

But I think 12 random people on the jury might develop opinions as well pretty quickly. It’s a pretty crazy case…

As I said in an earlier post, it’s also been interesting to see the very quick evolution from the legal commentators on Court TV. At the beginning of the week, they all seemed to think it was a waste of time to even have the case go to trial, and now they have completely changed their tunes after seeing the testimony of the witnesses.

Of course, they are not on the jury. But they see a lot of this stuff all the time. So they should have a pretty good handle on it, I would think.