Barisone Trial Starting Monday, 3/28

[OntheFnce]

@MHM

Boy, I hope the jury members were allowed to bring their knitting needles or whatever with them to pass the time on all these sidebars.

Not sure they would get through the X-ray and bag inspection at the courthouse. I always took a couple of books. Served on 2 juries and a grand jury at that courthouse.

[Sdel]

@DownYonder

It sure sounds as though MB drove up to a house he expected to be empty. And was instead jumped by an attacking dog, an attacking LK, and an attacking RG.

Why would he bring a gun to an empty house? Prosecution created no foundation that he knew they were even there before he arrived.

[ACMEeventing]

It also may be a different scenario when abating a violation, as opposed to doing additions or repairs. I would think getting a permission slip to move back in would require more than a “late night video” the day the violations were posted.

[SplendidMess]

Because maybe he thought the house should be empty, but knowing the characters involved, it was a good bet that it wasn’t. And he was scared of them.

[MHM]

I feel sorry for the EMS witness. He’s been there for almost an hour and he’s only gotten to speak for about three minutes.

[DownYonder]

I am actually getting to watch today. Da Judge looks like he is just about over it…

[Knights_Mom]

@CurrentlyHorseless

@Virginia_Horse_Mom

@CurrentlyHorseless

I’m guessing state expert will be called to rebut defense expert. Nothing to rebut as yet.

Doesn’t the defense get the last word though?

Yes; the defense can cross examine the state’s rebuttal psychologist.

Remember that in an affirmative defense like insanity, the defense is affirming something (he was insane) instead of negating prosecutor’s case. How can the prosecution counter the defense’s claim that MB was insane before the defense makes their claim?

As usual, I am not a lawyer. But I wouldn’t have expected to hear from the state expert until after the defense experts.

Yes you’re not a lawyer yet you keep posting this same thing while the actual lawyers say something different.

[MHM]

@Sdel

Why would he bring a gun to an empty house?

What definitive evidence have we seen so far to prove he brought the gun with him?

[soloudinhere]

@CurrentlyHorseless

How can the prosecution counter the defense’s claim that MB was insane before the defense makes their claim?

That is why affirmative defenses are declared. To give the prosecution ample time to procure and produce evidence that they believe strengthens their claim that the defendant is/was NOT insane or acting in self defense.

[Angela_Freda]

@Sdel

Why would he bring a gun to an empty house? Prosecution created no foundation that he knew they were even there before he arrived.

Suicide?

[cheval_convert]

Fire inspector did ok our smoke detectors. To my knowledge a fire extinguisher is not required in Massachusetts. I could be wrong about that.

[Sdel]

@MHM

@Sdel

Why would he bring a gun to an empty house?

What definitive evidence have we seen so far to prove he brought the gun with him?

You got me……I’ve been arguing that all along based on a couple of FB posts that don’t make any sense under any other understanding.

[CurrentlyHorseless]

@Knights_Mom

@CurrentlyHorseless

@Virginia_Horse_Mom

@CurrentlyHorseless

I’m guessing state expert will be called to rebut defense expert. Nothing to rebut as yet.

Doesn’t the defense get the last word though?

Yes; the defense can cross examine the state’s rebuttal psychologist.

Remember that in an affirmative defense like insanity, the defense is affirming something (he was insane) instead of negating prosecutor’s case. How can the prosecution counter the defense’s claim that MB was insane before the defense makes their claim?

As usual, I am not a lawyer. But I wouldn’t have expected to hear from the state expert until after the defense experts.

Yes you’re not a lawyer yet you keep posting this same thing while the actual lawyers say something different.

I haven’t seen the actual lawyers contradict the statement that in an affirmative defense (such as NGI), the defense has the burden of proving what they’re affirming (in most states). The standard of proof is usually by a preponderance of the evidence, not beyond a reasonable doubt, though. The prosecutor must still prove the elements of his case beyond a reasonable doubt.

[soloudinhere]

@CurrentlyHorseless

I haven’t seen the actual lawyers contradict the statement that in an affirmative defense (such as NGI), the defense has the burden of proving what they’re affirming (in most states). The standard of proof is usually by a preponderance of the evidence, not beyond a reasonable doubt, though. The prosecutor must still prove the elements of his case beyond a reasonable doubt.

The part you keep missing: if the prosecution does not prove the elements of his case, it doesn’t rise to the level of needing to prove diminished culpability.

[Sticky_Situation]

Sounds like ol’ Rosie did quite a number on MB.

[ohnoO]

It looks like this witness reviewed his report before coming to court—great!

[MHM]

The thing that I’ve noticed with all these witnesses this afternoon is that they all agree that MB was a mental wreck when they interacted with him.

That reaction was consistent from the hay guy who had known him for 20 years to the fire marshal and others who had never seen him before.

[CurrentlyHorseless]

@soloudinhere

@CurrentlyHorseless

How can the prosecution counter the defense’s claim that MB was insane before the defense makes their claim?

That is why affirmative defenses are declared. To give the prosecution ample time to procure and produce evidence that they believe strengthens their claim that the defendant is/was NOT insane or acting in self defense.

I agree with that.

In terms of order of witnesses, though, wouldn’t the prosecutor save their psych expert until after the defense had made the case for insanity?

The question was: why didn’t the state present their expert; I’m guessing that the state expert will appear later to rebut the defense claim of insanity.

Isn’t that what you just said upthread?

[ohnoO]

The hay guy was really heartbroken, I thought!

[MHM]

He was. That was awful.