Barisone Trial Starting Monday, 3/28

Keep in mind with text message evidence they have to prove WHO had the phone and WHO sent the texts, which is actually very hard to do if they won’t admit it. So it may be that they just can’t prove LK was being the posts and that’s why they aren’t diving into them. But I also think it’s just the prosecutions evidence being presented so far. The defence may enter the texts as evidence for their witnesses.

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Actually, I addressed this in a much previous post in a different thread, but there is case precedent for authentication of text messages and they can be authenticated by many means besides “proving” who was in possession of the phone and sent the texts.

From the American Bar Association:

Typically, evidence of texts is obtained in one of two forms: (1) as screen shots; or (2) as photographs of the text messages. Whether a screen shot or a photograph, it is important that the screen with the text message, the name and/or phone number of the person sending the text message, and the date and time the message was sent are clearly displayed. Text messages can be authenticated by the testimony of a witness with knowledge or by distinctive characteristics of the item, including circumstantial evidence such as the author’s screen name or monikers, customary use of emoji or emoticons, the author’s known phone number, the reference to facts that are specific to the author, or reference to facts that only the author and a small number of other individuals may know.

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Yes, when riding.

Young OTTB after 4 weeks stall rest only allowed to walk under saddle for 2 weeks. Taking a “nice, leisurely” walk on a wooded path. Mare decides if she is not allowed to go faster than a walk, she will rear. (Branches over my head). By the 3rd rear, my head is getting ever closer to trees. At the apex of the 4th rear, the flat of my right hand comes down, hard, right between her ears. She gets back on all fours and stands shaking her head for a minute.

Had that mare for 9 more years before I lost her in a pasture accident. She NEVER offered to rear under saddle again.

Abuse?? Maybe to a non-horse person. To most horse people who have been in dangerous situations with a horse, that was training.

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I think that she came right after Justin Harden, so if you select the one with his testimony, hers (Ruth Cox) will be at the end of that tape. Of course, prosecution hasn’t finished with their questions yet, so it might be a minute before she’s on cross examination by the defense - sometime tomorrow. She comes across as very honest and forthright.

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Question for the legal experts: From what I’ve gleaned, upcoming or potential witnesses are not permitted in the courtroom as it might affect their testimony. Is there anything beyond the honor system to prevent them from watching the whole trial live online?

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I believe tha t, if a judge instructs a juror or witness or anyone else to do something, or not to do something, and that person ignores/disobeys the judge, that person would be liable for a penalty, which could be a fine or imprisonment.

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well, physically, no, but if that is the case, it’s taken very seriously, and a witness can be held in contempt of court (which can include a fine or jail time) or it can result in an immediate mistrial. If discovered later, it is firm grounds for an appeal.

If discovered during the course of trial, the jury can be instructed to consider a violation of sequestration in evaluating the validity of a witness’ testimony.

It is in the best interest of both sides that nobody violate the order. It can be extremely costly if they do so and therefore compromise their testimony.

At the beginning of JH’s return to the courtroom a discussion took place with him as to whether he could hear MHG’s testimony from outside in the hall; under oath he testified that the sound was not clear enough for him to make out the testimony. That is what that conversation was about.

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Thanks, I had wondered about that as well.

But barring something unexpected, it is completely on the honor system, correct?

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Yes, but if a witness is asked, they respond under oath that they did not, and later they are found to have done so, they are guilty of perjury.

Any witness can be asked at any time if they have viewed information about a case, discussed the case with anyone, or have overheard or directly viewed any testimony, as the judge did today with JH. So it’s the “honor system” but it’s an honor system with a pop quiz.

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Thank you. Can now see!!! Wow!

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I have a friend who is raising his nephew (born drug affected) for the same reason. For what it’s worth, that kid is awesome. They had a rough start, kiddo was only 4 when it happened, but he’s now off to college with a full ride scholarship! So with patience and time, kids can recover.

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yes, but bad people do bad things… and bad people lie.

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Let me start by saying I only have watched Canadian lawyers in court. Not too many of them either. In my opinion I believe every word out of Bilinkas mouth portrays him how he wants to be seen.
Some defense lawyers do not want to appear suave and sophisticated but more “common” for the jury. Bilinkas acts like he is not sure what he wants to say, confused, but I notice this appears when he seems to want to make a point. I do not think he is making “mistakes”. All court lawyers are actors.
Some people have talked about Bilinkas appearances before this judge before and the reversals on appeal.
Does anyone know if Bilinkas acted this way at these trials? (If they were televised.)
In Canada our judges appear just as snarky as Judge Taylor but I, in my limited courtroom experience, have never heard a judge tell a lawyer to stop talking before a objection is even made. Is this more common in the US? NJ? or just this judge?
Do you think the judge is playing to the cameras? Are judges appointed or re-elected in NJ?
I find watching MB so extremely heart wrenching.

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My experience in watching court has been that of the judge making the objections and arguments for the side they favor, which is what it seems that this judge is doing.

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Judges all have different styles and levels of snark ranging from chill to tyrannical.

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Enough to provide grounds for appeal if necessary? Assuming it continues the same way?

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It is frustrating that Taylor has prevented the admission of all the documents showing how Jonathan Kanarek was part of the 3 person group planning the destruction of MB. Perhaps when Bilinkas calls Kanarek as a witness, Taylor will have to allow evidence. If not, it sure will be a basis for appeal.

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Possibly, but it depends on what actually gets said and put on the record. I’ve even seen a judge attempt to prevent a side from even making an argument on the record.

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bad people lie

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and I am thinking you are not a strong, 6’4" male being bothered by a ‘little lady’