Barisone Trial Starting Monday, 3/28

Highlights of LK’s direct testimony 11:45 - 12:00:

Police came to property a lot that week but never in response to a call by LK. She did speak with police a number of times.

Around 8/5 she received a letter from a lawyer telling her to leave. She met with a lawyer herself. She had the sense that she needed to leave but did not because: a) moving 5 horses on short notice very difficult; b) she was supposed to compete at Saugerties the week after the shooting and needed the scores.

Morning of 8/7 she was lying on the loveseat on the porch, reading or watching something on her phone or tablet. Lots of discussion about the porch, umbrella, etc here. LK did not interact with MB or anyone else at the farm that day, except RG who was upstairs in the house while she was on the porch.

She heard then saw MB’s truck coming down the driveway from the barn, turn into the house driveway, and park. She ran upstairs to let RG know that MB was there “all of a sudden.” RG was on the bed, on the phone with “one of their attorneys, Ed David.” RG stayed on the phone and they both went downstairs.

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I’ve seen a fair amount of witnesses testify. Her frankness with regards to her addiction, her calm demeanor, her moments of self-deprecating/embarrassed chuckling at herself when she trips over her words or needs a question repeated, and her frankness about how well the beginning of their relationship went will likely earn her credit with the jury.

Again, it will be interesting to see how she reacts to cross. If she doesn’t get defensive or angry and continues to come off similarly I think a jury will react fairly positively to her.

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Heard pebbles being thrown around and a heavier truck or car coming up the driveway from the barn (big silver duly). Truck turned into driveway and parked. Michael commonly drove it, but she didn’t see him at first.

First thing she did was run upstairs to let Rob know MB was there.

Rob was on the bed on the phone (to one of her attorneys ED David).

Rob stayed on phone and came downstairs with her.

Came back downstairs and saw MB, who was partially hidden by bush.

She could see from waist up, his arm, but that’s about it.

Rob handed phone to LK who talked, but she doesn’t really remember what she said. Lawyer was still on the line.

MB and Rob talking, MB said to Rob “I want a war, how do I fix this, how do I make this all better” “I just want to fix things, I just want things good again”. Said calmly, not yelling.

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She heard pebbles over the sound of a diesel engine, but RG didn’t hear the truck approach. Uh-huh.

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She is making shit up on the fly, you can tell.

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I spent hours testifying for my employer over a technical/legal issue over money from a situation that occurred long before I was in the position to be knowledgeable. I was extremely nervous and asked for lots of clarification of questions to make sure I answered what was asked and hoped not to throw up or fall on my way to and from the witness chair. The courthouse screens were new and IT couldn’t focus them and that was even more stressful. We had to stop court to fix them.

I can’t imagine how she feels reliving the day she was shot and being questioned over that and events leading to the shooting. I can’t imagine how they all feel going through this again. It has to be so very hard for everyone, especially LK, RG, and MB and their loved ones.

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She’s trying to remember what she’s posted everywhere.

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LK has testified that MB owed RG $$$$$$$ for his work.

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Rob said let’s just have the lawyers talk, he went back on porch.

LK thought this had been going on for all days, calling police for no reason. She wanted to know why, she went up to MB and asked how he was going to make it better. Something about a bill he was still owed by Rob. Didn’t get any further as he pulled out a gun and shot her in the chest twice. Still had phone in her hand.

She’s 5’4", he’s 6’4". She could see the gun.

He pulled out gun, pointed it, boom boom, just like that.

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That’s honestly what it looks like. She is calculating her answers, which to me smacks of not telling the truth. The truth comes out easy - lies and omissions do not.

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It’s extremely hard to testify and remember details when you’re involved in a violent crime. There is a tonne of research out there to support this if you care to learn.

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Incorrect. Some people lie when it’s easier to tell the truth. Recounting facts is a thoughtful process.

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She sure is being allowed at of narrative BS.

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No “double tap”? No point blank, center mass, and absolutely NO EMOTION! So rehearsed.

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And, the recalled “details” are usually not actually factual. Fancy that.

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When he fired it she remembers seeing her chest, as it was almost unreal to her that she got shot.

Saw MB raise arm directly and shot at Rob on the porch and Rob disappeared. MB ran up to porch and the rest is a blur.

She didn’t feel it right away. She thought it might have been blanks. Then it started bleeding.

Wearing a red shirt with sleeves, was likely wearing a zip up hoody.

She fully thought Rob was shot in head and killed at that moment.

Right after he shot at Rob, she spun around in a circle thinking ‘Is this real’. Looked on porch and saw Rob on top of Michael trying to restrain him.

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And some people lie when they don’t want to tell the truth

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She assumed MB was about to finish what he started - Judge advised not to assume.

Vaguely remembers being on phone with 911, said “I’ve just been shot 2 times, Michael Barisone Shot me 2 times”.

When made the call, she was on or near the porch. (near under the umbrella)

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I think its interesting that she has testified that a person was on the phone during the entire shooting. THAT person needs to testify.

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Audio is now being played. 911 call.

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