Barisone Trial Starting Monday, 3/28

[hut-ho78]

@Libby2563

So thinking about this more, I still don’t think that testing the blood on her hands would tell anyone much of anything. It’s likely to be a mixed sample of hers and MB’s because those were the two people bleeding at the scene and there was a scuffle. Even if the blood wasn’t rushing down her arms when she says it was, she probably touched her wounds at some point before anyone could have tested her hands.

Let’s say for the sake of argument that the blood on her hands was tested and it was MB’s, not hers. Well, there’s no practical way to test all of the blood. You can’t send 1,000 swabs to the lab, and one or even a few swabs can’t rule out that some of it was her blood. You would be trying to prove a negative. Does that make sense?

I feel like a lot of people are looking at the forensics from an unrealistic or ideal-world perspective, not a real-world perspective complete with technical, fiscal, and practical constraints. Maybe someday in the future we will be able to test every drop of blood on someone’s hands and say who it all came from, but that day is not here yet.

Am I still missing something?

Thank you. Agree 100%

[BrendaJane]

perhaps because the residence was linked to a business, different rules.

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@Virginia_Horse_Mom

Kinda sad that MB had been calling 911 repeatedly all week, begging for support from the local police for the township in dealing with RG and LK… and he got little…

But the second complaints were made about code violations… they (the township) had the building inspectors and fire marshal out within 24 hours, and were all about issuing violations and fines

Really horrible look on the part of local government. All about collecting fines. Not sincere in terms of caring about public safety issues of local residents

This can backfire on the defense. It shows MB as someone who ignores the law and safety.

[Sdel]

@hut-ho78

@Libby2563

@Sticky_Situation

So ED heard 2 shots. LK had injuries consistent with being shot twice. 2 casings were found at the scene.

So why are LK and RG insisting there was a third shot aimed at him, that there is no evidence of when the other 2 are easily accounted for?

What about the bullet that entered the house through the door and exited out the other window? The 14-degree upward angle is consistent with somebody firing up towards the porch from ground level. The state’s argument is that this is the third round, fired at RG after the two that hit LK. To me the evidence of that round’s trajectory is pretty consistent with RG/LK’s (very muddled) story that MB shot LK first after stepping out from behind the bush, started to follow LK as she ran off towards the side yard, then turned and fired one shot at RG as he was on the porch (or maybe just coming out the door).

I caught part of ED’s testimony and it sounds like the call ended pretty quickly after the first two shots, possibly before that third one was fired, so he might not have heard it.

Agree 100%

RG testified the shots went. Boom, boom, boom; no pauses.

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@KarenK

How much do you want to bet that RG was the cause of all the violations!

Well he didn’t cause the septic capacity violation.

[LilRanger]

@hut-ho78

Well he didn’t cause the septic capacity violation.

[Virginia_Horse_Mom]

@hut-ho78

This can backfire on the defense. It shows MB as someone who ignores the law and safety.

Are you for real?

RG did most of the work that the town was called in to inspect. RG is an unlicensed contractor. RG is a key prosecution witness.

Plus, RG is the one who made the complaints to the town… at LK’s urging. Even though he had been doing all this work. It was clearly all about being vindictive.

The whole thing makes RG and LK look like awful people. They clearly had a massive grudge, and wanted to bury MB by any means available. This makes it harder to believe their entire testimony is sincere and truthful.

[BrendaJane]

yeah, they did
By getting the farmhouse condemmed…

[Fiesta01]

I thought it was only Fri that Bilinkas heard about this conversation. Didn’t he say right toward the end of Fri’s proceedings that he was going to subpoena Ed David? If so, then Mr. David might not have been able to get a transcript to review over the weekend.

ETA: But I haven’t caught up to everything today. If he were a Prosecution witness, he wouldn’t have that excuse.

[TwiSedai]

Ok I’m FINALLY caught up on here, and watched ED’s questioning.

All I can say is…wow.

I’m trying really hard to stay neutral, but dang. LK and RG (and now ED) sure aren’t making it easy.

[MHM]

@Fiesta01

I thought it was only Fri that Bilinkas heard about this conversation. Didn’t he say right toward the end of Fri’s proceedings that he was going to subpoena Ed David? If so, then Mr. David might not have been able to get a transcript to review over the weekend.

ETA: But I haven’t caught up to everything today. If he were a Prosecution witness, he wouldn’t have that excuse.

Ed David was a prosecution witness, and the defense lawyer was questioning him on cross examination on Monday morning.

I don’t know if maybe the defense lawyer would also have to subpoena him if he wanted to call him back later as a witness for the defense as well? And maybe that’s why he mentioned it on Friday?

I’m just guessing that the prosecution saved him for last because they thought he was going to be such a strong witness to wrap up their case. If so, it did not look that way to me.

[jellybean2]

Any ideas on who will testify tomorrow?

[MHM]

@jellybean2

Any ideas on who will testify tomorrow?

I’m extremely sorry to say that they turned off the microphones at the end of the day just as they started to discuss that, before any names were mentioned. Lol.

[hut-ho78]

@hut-ho78

https://www.johntumeltycriminaldefense.com/blog/imperfect-self-defense-new-jersey/

Imperfect Self Defense in New Jersey.

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@hut-ho78

https://www.helmerlegal.com/blog/can-you-claim-self-defense-in-a-new-jersey-murder-case/

Self defense in New Jersey

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@hut-ho78

https://www.criminalcourtnj.com/blog/camden-criminal-lawyers-insanity-defense/

Insanity defense in New Jersey.

[Ambitious_Kate]

@IPEsq

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.

Abd if they DON’T prove he is guilty, beyond a reasonable doubt, then the defense doesn’t have to prove or address anything about their claim, is that right? So the defense is poking holes in the prosecution’s charges, while setting themselves up for a defense, but in the end, if there is sufficient doubt about the prosecution’s charges, the whole thing is done, no matter what the defense claims.

Correct me if I’m wrong? Its how I understand it?

[Roser123]

Yes. That’s how I understand it as well.
And right now, I can’t imagine there’s going to be a “guilty” verdict in the first place.

[Virginia_Horse_Mom]

@Ambitious_Kate

Abd if they DON’T prove he is guilty, beyond a reasonable doubt, then the defense doesn’t have to prove or address anything about their claim, is that right? So the defense is poking holes in the prosecution’s charges, while setting themselves up for a defense, but in the end, if there is sufficient doubt about the prosecution’s charges, the whole thing is done, no matter what the defense claims.

Correct me if I’m wrong? Its how I understand it?

This is how I understand it as well.

This case seems to be REALLY unique in that the defense can argue both self defense and insanity, if the prosecution meets their burden of proof with respect to the attempted murder charges. From what I understand, there is a legal argument to allow for them to pursue this particular not guilty plea and defense strategy in New Jersey. But it’s pretty unusual and confusing.

[rothmpp]

I’m 99% certain that Bilinkas said on Friday afternoon that he was going to supoena Ed David before they cut the feed. It will be interesting to see if Bilinkas calls him again since as a prosecution witness Bilinkas could only ask him about was what was presented under direct testimony. It seemed like there was lots left unexamined with the ear witness that LK swore was going to be solid gold.

I think Ed David is regretting the moment he agreed to take on LK as a client. Though as a corporate/contract lawyer he may spend next to no time in a courtroom, and certainly not under the intensity of a attempted murder trial. So I’ll cut him a little slack. I was a little surprised that any lawyer would make any handwritte notes at all regarding a client and not date then.