Barisone Trial Starting Monday, 3/28

[Einhorn]

@Virginia_Horse_Mom

LK and RG are his star witnesses. The prosecution should have done a LOT more homework on LKs postings. Maybe if he had… he would have decided to decline to prosecute this entire thing. Because it’s a freaking mess.

I feel for the guy. As a prosecutor, you do rely on the witnesses testimony. Remember he had cops and the victim saying this guy shot her. He offered a plea, want taken. He’s not the DA, he’s the Assistant DA, he may not have had the option to just drop the case. DAs are elected.
He also has his own case load including many other felony cases. How much time can he devour to a first time attempted murder when he may have other more serious offenders to prosecute?

I’ve been lied to by a witness/victim as a prosecutor and found out during trial. It is awful, you feel awful and it’s just awful all around. I felt terribly for the defendant, and happily the decision was not guilty. But that’s why I’m not a prosecutor any more!

[Angela_Freda]

@DownYonder

@Virginia_Horse_Mom

narcissistic rage is a SERIOUS thing. People who have encountered a full blown NPD person, and had the misfortune to get into a personal power struggle with them? Well… you learn what narcissistic rage is all about, and how these sorts of people go into “scorched earth” mode.

That’s what I think was happening on 08/05 - 08/07 … especially combined with that whole “finish the ba$tard” text LK sent on 8/07. Or whatever that particular text said.

It all reeks of narcissistic rage.

Totally agree. It would have totally shattered her to be bested by him - and she knew that - so she was determined to best him instead. In her mind, she was GOING TO WIN - [edit]

This is a person who aspires to ride at a high level and in so doing, train animals.
Yikes

[MHM]

@hut-ho78

I missed where anyone testified to LK’s or RG’s mental state? What is the source all the psychological evaluations?

[Rhythm_Pace_Impulsion]

Absolutely, I also have no real memory for the full day preceding a doozy of a concussion from what I have been told was a rotational fall. I think I remember getting on that day but if you ask what I was wearing I will say my school uniform/skirt, so no way that’s right.

[AltersAreUs]

@fordtraktor

You can lose memories before a head injury as well as those after.

Yep, got a serious concussion as a teen (not horse related) and lost most of the preceding week. Never got it back. Remember Thanksgiving dinner and watching TV the next day instead of shopping, nothing for about 3 days before the incident, nothing OF the incident (apparently a wrestling match with my brother went wrong), my memory picks back up about 2 days later with me in the hospital.

[MHM]

@Einhorn

I’ve been lied to by a witness/victim as a prosecutor and found out during trial.

I don’t remember where I’ve heard this, but isn’t there some old saying that lawyers should never ask a question in court unless they already know the answer?

Although I guess maybe that might not always be the case if the person lied to you in advance about the answer.

[fordtraktor]

I too am feeling pretty sorry for the prosecutor here.

Plus, most prosecutors are very protective/proud of their win/loss ratio. He’s got to be kicking himself right now for not doing some more research. I think he prob thought it’s pretty open and shut, then gets handed this can of worms.

[Virginia_Horse_Mom]

@Einhorn

I feel for the guy. As a prosecutor, you do rely on the witnesses testimony. Remember he had cops and the victim saying this guy shot her. He offered a plea, want taken. He’s not the DA, he’s the Assistant DA, he may not have had the option to just drop the case. DAs are elected.
He also has his own case load including many other felony cases. How much time can he devour to a first time attempted murder when he may have other more serious offenders to prosecute?

I’ve been lied to by a witness/victim as a prosecutor and found out during trial. It is awful, you feel awful and it’s just awful all around. I felt terribly for the defendant, and happily the decision was not guilty. But that’s why I’m not a prosecutor any more!

Really interesting perspective- thank you for sharing this.

So the decision to charge or not charge is with the DA, or assistant DA?

This makes me think those who say JK had had undue influence on this whole mess are definitely onto something. He’s a heavy hitter with deep pockets in the immediate area, and no doubt well connected to local political and legal circles.

Ugggh.

[haleybot]

I am? Haven’t watched today?

[hut-ho78]

“Not guilty by insanity and self defense” is per the defense lawyer. Others mentioned if the prosecution didn’t prove some elements that he fired the shots, there could be a not guilty, I’m not sure how that works because a not guilty by insanity and self defense includes a confession. Also, there could be per Branca an imperfect defense where the charges could be dropped to attempted manslaughter which someone said in New Jersey was aggravated assault. What else. Mistrial. Jury nullification/not guilty based on emotion not law. IANAL. The jury verdict will be interesting.

[Rhythm_Pace_Impulsion]

I really hope safe sport is reevaluating LK and all of her actions both personal and those she directed.

[Jealoushe]

Who decides sentencing in NJ? Judge? Jury?

[Angela_Freda]

@AltersAreUs

@fordtraktor

You can lose memories before a head injury as well as those after.

Yep, got a serious concussion as a teen (not horse related) and lost most of the preceding week. Never got it back. Remember Thanksgiving dinner and watching TV the next day instead of shopping, nothing for about 3 days before the incident, nothing OF the incident (apparently a wrestling match with my brother went wrong), my memory picks back up about 2 days later with me in the hospital.

I don’t remember Kindergarten.
None of it. Not my teacher, classmates, not walking to school with my bigger sister, which would have been memorable.
I suffered several serious head traumas before age 6.

[OneBellBoot]

I unfortunately missed a lot of the testimony today, but did get to see the defense expert talking about diagnoses. That seems like a very strong diagnosis and finding to support NGI. I have to admit, I have always hoped Barisone would be acquitted, but thought that the published facts weren’t great, especially in concert with a speculated CPTSD diagnosis. CPTSD could be such a double edged sword in a case like this, whereas I think delusional disorder supports the claims brought by defense much more clearly.

[Jealoushe]

They’re probably still reading those 19K pages

[ake987]

Looks like we’re doubling down on the nitpicking.

[Virginia_Horse_Mom]

What does it matter whether Simring said in his report that the gun belonged to MHG or RC?

Hahaha. It was a small pink pistol - not to be sexist - but it was a woman’s gun.

[Einhorn]

@Virginia_Horse_Mom

So the decision to charge or not charge is with the DA, or assistant DA?

Depends on the office and particular DA/ADA relationship, I’d think.

Yes the public defenders loved me because I was so “reasonable” I was a terrible prosecutor. The main reason I left.

[Jealoushe]

@MHM

What happens if the person is already a monster?

see thread lol

[Angela_Freda]

The relevance of the error about gun ownership???