I wonder if RG was thinking that the fire inspector would only check the barn if that’s where the reported issue (the dryer) was?
Is anyone else thinking RG and LK might have intended to stay in the house, in violation of the posted order, specifically in order to get MB fined $5000 for that violation?
I could see them doing this.
I’m guess they thought the fire department would only look at the barn and faulty dryer, resulting in MB and company having no where to sleep. They never realized that it might backfire and end up with their own house being effectively condemned.
And as if what LK says is Bible…hell would freeze if she ever told the truth.
It’s an out of court statement that is being used to prove the truth of a statement. So that would be hearsay, on its face.
However, a law professor once said to me (paraphrase)
“The hearsay rule is a lawyer’s dream. It’s made almost entirely of loopholes. Thus, your job is to figure out how to find the most applicable loophole. The game is ‘name that loophole.’”
Same professor also said (paraphrase)
“Try all you want but you’ll never understand hearsay. Luckily, neither will anybody else, including opposing counsel and the judge, so you won’t be at a disadvantage.”
I imagine the point was to rack up the huge daily fines.
Hasn’t LK insisted all along that their apartment was not under a vacate order? Or am I remembering incorrectly?
Since it was quoted further down, I’ll put it back up - but I posted before the fire marshal said they’d abated per photos and video.
state of mind
I believed they stayed AFTER the violation was posted so MB would be fined…wasn’t the fine $5000 a day?
May I just say how refreshing it is to see these witnesses this afternoon? No agendas, no ridiculously long pauses, no ducking the questions, no rehearsed responses.
Just answering the lawyers to the best of their memory. Phew.
Oh she may very well have said that.
Now we know it isn’t true.
Apparently LK/RG were allowed back in the house based on photos and emails they sent the fire inspector, and MB was not made aware of the situation.
This is exactly what I meant when I say I just don’t get it.
Conversation with MB about where everyone in the barn was supposed to sleep. When he came back, there were mattresses out on the porch. (ergo, he was doing his part to follow rules)
LK emailed that she was aware and had received the violations.
Was there an arrangement where she was allowed to stay in house? The violation was abated - they sent photos of things working. This was late at night and inspector wasn’t going to go back out. They sent photo/video of working smoke alarms.
After LK and RG were allowed back in, did he notify MB? NO. He was going to do it in the morning, but did not get to it. So before shooting, MB was not notified that they were allowed back in.
Did anyone go back out and remove noticies on the house? No.
So wait. They weren’t even supposed to be at the house at all? So was he going there to ensure that nobody was in the house, maybe?
Cross
August 6th. Issued fire violations at house and barn.
LK emailed night of Aug 6 showing pictures and videos of smoke detectors. In Inspectors opinion, it was abated for that night.
On Aug 6th - Mattresses outside. MB told Inspector that he would get a hotel because barn is not a dwelling. Nobody should be living there.
Responsible? Owner, tenant etc. House abated. Barn abated as mattresses removed.
After LK and RG were allowed back in, did he notify MB? NO. He was going to do it in the morning, but did not get to it. So before shooting, MB was not notified that they were allowed back in.
Did anyone go back out and remove noticies on the house? No.
So can we even establish MB knew that LK and RG were at the farmhouse on 8/7 ?
That seems like it is now in doubt.
If he didn’t know they were there when he drove to the house with the gun… huh. That’s an additional wrinkle in an already messy case.
I want the shoer. That should be interesting. Shoers are a fun bunch to watch in court I’d imagine!
Apparently LK/RG were allowed back in the house based on photos and emails they sent the fire inspector, and MB was not made aware of the situation.
How would Fire Inspector know that those videos showed the house in question?
I’m really surprised that was sufficient proof.
He had to know, if an altercation occurred with the farrier and RG, if horse got wraps done, etc