Barisone Trial Starting Monday, 3/28

[IPEsq]

@CurrentlyHorseless

@IPEsq

I don’t practice criminal law, but in my area of civil law, you must plead your affirmative defenses at the outset. You are barred if you try to bring them later. But an affirmative defense is as stated above, even if everything alleged by the other side is true, I still win the case because of ABC affirmative defenses. But it is not by itself an admission that any of the allegations are true.

I took a look at the Nj code, and “no person may be convicted of an offense unless each element of such offense is proved beyond a reasonable doubt. In the absence of such proof, the innocence of the defendant is assumed.” That section “does not require the disproof of an affirmative defense unless and until there is evidence supporting such defense.” And it doesn’t apply to any defense requiring the defendant to prove by a preponderance of evidence.

Affirmative defenses like insanity are classified as such because it requires a finding of fact that is not an element of the offense. That is why it must be pled early, to give sufficient notice. Also in NJ the insanity defense must be proved by a preponderance of the evidence.

It appears to me that self defense is a regular (not affirmative) defense. The section is complicated on what might satisfy in what scenario.

Re bolded. Are you saying that in NJ the defense has the burden to prove insanity by a preponderance of the evidence?

That is quite different from the prosecution having to prove beyond a reasonable doubt that he is sane.

The prosecution doesn’t have the burden on a defense. But they do have to prove he is guilty of the crime beyond a reasonable doubt. If so then we go on to see if the defense proved the elements for insanity.

[fordtraktor]

That the attorneys get it a bit wrong is the reason judges have law clerks. If there are questions of law in contention, the clerks research it and present an unbiased view of the law to the judge. Mostly this takes place ahead of the trial, but it’s incredibly important and excellent experience (as someone married to a former federal appellate and SCOTUS clerk). They often don’t mean to get it wrong, but each argues the interpretation of a question favorable to their client. The judge has to decide, and his law clerks help him prepare to do so. It doesn’t happen off the cuff. I am using male pronouns here because the judge here is male.

[trubandloki]

@fordtraktor

Also, I think it speaks volumes about MB that the elite, fancy Olympic dressage rider has coffee with a truck driver/hay guy who calls him Mike every morning, despite everything going on. He is scared for his and his family’s lives and still has the decency to take time out of his day to spend with an old friend who is not of the elite class in any way. I know which side I believe.

This!

Some people prove they are totally upper class by being a good person to everyone. Clearly that sometimes bites you in the backside, like it did to MB when he took on LK and her clan.

[eggbutt]

@fordtraktor

Also, I think it speaks volumes about MB that the elite, fancy Olympic dressage rider has coffee with a truck driver/hay guy who calls him Mike every morning, despite everything going on. He is scared for his and his family’s lives and still has the decency to take time out of his day to spend with an old friend who is not of the elite class in any way. I know which side I believe.

Also, Bilinkas is a heck of a defense attorney. So smart to start with him.

As well as proof Michael has dependable long time friends he can count on when needed. I got the impression Mr Hay Man didn’t think twice about helping his friend without question. It was endearing that he seemed to also keep an eye on his friend walking the grounds all night as he unraveled. He is the kind of friend we all need in our lives.

[ohnoO]

His name is Larry Davison—the hay guy.

[fordtraktor]

Thank you, I couldn’t remember. He deserves that we learn his name.

[ohnoO]

Well, Mr. Davison to us.

[Sdel]

Can we come to a forum consensus that, with the earwitness testimony, there is no basis for the charges related to RG?

[Knights_Mom]

I’m good with that.

[fordtraktor]

I dislike RG strongly but the broken window is still a factor. I don’t think we can discount the third shot entirely yet, even if I am willing to go pretty far toward the defenses holding up.

I think the claims will rise and fall together. As a practical matter, not sure it matters much for MB because if he is convicted, he’ll be behind bars basically the rest of his life anyway.

[BrownDerby]

Thank you, @Horse_Daft foir that refresh. I remembered him wearing a tie. He certainly made a good impression on me.

LK will have a field day if/when Dateline interviews her. Her Norma Desmond moment.

[MHM]

@BrownDerby

LK will have a field day if/when Dateline interviews her. Her Norma Desmond moment.

Omg. That would be quite a sight.

I haven’t seen that movie for a long time. What was the name of her butler? Did the butler end up going to jail with her?

[Virginia_Horse_Mom]

@BrownDerby

LK will have a field day if/when Dateline interviews her. Her Norma Desmond moment.

Uggh.

[BrownDerby]

@MHM

I haven’t seen that movie for a long time. What was the name of her butler? Did the butler end up going to jail with her?

The butler, Max, was her first husband and her damage control man. Sound familiar?

[MHM]

@BrownDerby

@MHM

I haven’t seen that movie for a long time. What was the name of her butler? Did the butler end up going to jail with her?

The butler, Max, was her first husband and her damage control man. Sound familiar?

Hmm. Let me think…

[Dapple_Grey]

Thank you!

[KurPlexed]

I remember now (not that it matters) that Larry Davidson was the hit man LK called the police about. Isn’t she a peach.

[Angela_Freda]

Yes! But lets be honest, that was a convenient story

[hut-ho78]

@SierraMist

LK, RG and, I believe, MHG spoke in their testimony about an April 2019 meeting to discuss problems. LK testified that MHG said she wanted LK to leave but MB said no. So in April, May, June and July MB did not begin any steps toward eviction. I wonder why. He had the legal right to do so. He didn’t engage an attorney with regard to the dispute until August. Had he simply filed an eviction notice in April, as MHG wanted, he would have probably had them out of there by June. He could have had them out of there when they first moved back from Florida, or even before they all returned to the farm. It would have been a perfect time to tell 2 people who were supposedly “driving him crazy for 6 months” that due to the flooding of the house, they would not be able to live there any longer. But instead, he arranged a crazy barter deal, without anything in writing, and moved them back into the house. As the barn owner and trainer, he had the responsibility to take control of the situation in a professional manner, and protect all the other people there. Instead, he engaged in high barn drama that involved clients, his girlfriend, his girlfriend’s children, his girlfriend’s father, employees, other trainers and even random people on the internet, culminating in the shooting. Why do so many people in this forum completely blame LK and RG for this situation? Isn’t MB responsible for anything that he allowed to get out of hand prior to him shooting LK?

Agree 100%.

[MHM]

@hut-ho78

Agree 100%.

no. way.

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