Barisone Trial Starting Monday, 3/28

[caffeinated]

Not sure I’d say “interesting” as much as exhausting, underpaid, and under resourced, given that so many in jail have significant mental health needs and she can’t possibly begin to make a real dent in it.

[IPEsq]

@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?

That’s right. But the defense has to put on their whole case including anything that might support the defenses (and allow the prosecution to try to rebut it).

[ohnoO]

The first gal was a orthopedic NP in the ER (now retired).
The second gal was a volunteer EMT on the call to the farm.

[Syrynx]

Thanks, I’ll scroll back and catch up on those during the morning break.

[Virginia_Horse_Mom]

The current witness is interesting. We are getting into the other cars not being searched. And now asking about swabbing for gunshot residue. And not checking RG or LK

[Virginia_Horse_Mom]

Uggh. Another sidebar.

[rothmpp]

It’s waaay to early for me to start Sidebar Shots…

Sorry - didn’t specifically mean to tag you - was in the process of responding to your comment about MB’s appearance and then changed my mind…

[Virginia_Horse_Mom]

Sip your coffee instead.

[IPEsq]

@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.

This happens all the time in other legal contexts. You can have pleadings “in the alternative” that can appear to contradict each other, but remember that it’s only contradictory if you view the plea as an admission rather than an even if that’s true…. We are excused of liability because X, or Y as another legally plausible alternative if we don’t prove X.

[TwiSedai]

Thank you

[Dapple_Grey]

They did not swab anyone but Barisone! The cop looks like he knows that was a mistake.

[Virginia_Horse_Mom]

@IPEsq

This happens all the time in other legal contexts. You can have pleadings “in the alternative” that can appear to contradict each other, but remember that it’s only contradictory if you view the plea as an admission rather than an even if that’s true…. We are excused of liability because X, or Y as another legally plausible alternative if we don’t prove X

Interesting! My limited understanding is it’s unusual with respect to murder/attempted murder though. But… IANAL - so take my two cents for what it’s worth - ha!

[Angela_Freda]

Corp Falinni, WA township PD
Search warrant carried out to collect evidence in conjunction with Morris Co Pros.

Vehicles searched: silver Ridge ram, FL registration
Two other vehicles and trailer searched? No
Various telephones: RG, LK, White iPhone, MHG taken at police headquarters
Swabbing of hands for GSR? Yes, MB, due to info at scene that he was shooter to prove he shot the weapon
Swabbed no one else’s hands, or anyone else in the case? No
Report based on info from witnesses at scene
Spoke to RG told you he heard the gunshot after he turned to go into the residence, turned back to see MB shooting LK

Cross
Report is a preliminary investigation based on what knew at the time.
Interviewed RG at (chaotic) scene
LK had just been removed in ambulance
There is a formal, recorded interview
Search of MB truck based on info he drove to scene in it
Asked to search everywhere relevant, only places he was aware of

Never searched RG vehicles and trailer even though you could based in… Sidebar

[Jealoushe]

@caffeinated

Not sure I’d say “interesting” as much as exhausting, underpaid, and under resourced, given that so many in jail have significant mental health needs and she can’t possibly begin to make a real dent in it.

I thought it was a he?

I think they have a better go of it in Canada.

[Virginia_Horse_Mom]

Huh. The cross of the corporal is interesting.

Now Bilinkas is rebutting.

Bottom line, they never searched RGs vehicles or trailer. although it sounds like the paperwork was in order, and they COULD have… but they just didn’t.

Judge called for a sidebar though and is shutting down Bilinkas

[trubandloki]

@Virginia_Horse_Mom

Sip your coffee instead.

Even sipping a non-alcoholic beverage we will all be peeing a lot if we sip for every sidebar. Darn.

[Jealoushe]

@punchy

I don’t use paper anymore. I do everything electronically.

Impressive

[hntrjmpr]

I’m new here I’ve been lurking/reading the forum and have been watching the trial since day one. Just thought I’d jump in and say hi

[Angela_Freda]

I used to call on a doc who treated patients at the local Fed prison
It was very hush hush. Patients were not to know this.

[Virginia_Horse_Mom]

@trubandloki

Even sipping a non-alcoholic beverage we will all be peeing a lot if we sip for every sidebar. Darn

I try and alternate sips of coffee and water in the AM. And just accept peeing several times. I love my coffee