And very expensive….
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Well, I’m not an hourly-billable lawyer, but the amount of time spent to litigate a criminal case with serious charges is significant. It’s actually pretty significant even for those who litigate only minor offenses or are funded by the state to defend indigent litigants. But when the balance of your life, or a significant portion thereof, is on the line, I imagine you’d want your defense attorney to investigate every possible avenue and protect every one of your rights.
The attorney in question here has been appointed as a state-provided attorney for the indigent previously, just for the record.
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Let me share with everyone the only mention of the incident from The Letter:
“I’m very anxious for the truth to come out.” That’s it. No declaration of guilt or innocence.
Come to think of it, I think WE ALL are anxious for the truth to come out!!!
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I did not know that. Is there any record of whether that is the case now? Not that it really matters to the casual observer, I guess.
Regarding the line about having a good life, I can imagine saying that just as a general observation of the crazy train of events that had come to pass in a relatively short time. Especially if there was any sort of head injury involved, or if the person was dazed or medicated.
Not the same situation, certainly, but I’ve seen a couple of people with injuries from horses over the years when someone definitely lost a little bit of time, and would have had no idea what they might have said or done in the interim if anyone asked about it later.
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This has always been my take on it. I had a good life, and then somehow all this drama and awfulness started raining down.
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I didn’t see anything indicating Mr Bilinkas was court appointed.
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Ed Bilinkas is not a public defender.
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And he’s not doing this pro Bono, I am affirming that. Someone asked upthread if he was appointed by the court/serving pro Bono in this case as he has been in others.
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He is not doing this case pro Bono
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I don’t know about NJ, but in my state, unless you are a minor, you can’t just request a public defender. You can apply for one, but if you’re determined to have the funds for an attorney, you’re not going to be assigned a PD. They’re overworked with actual indigent defenders without the ones who just don’t want to pony up the money themselves.
Minors can have more leeway in many jurisdictions because sometimes parents just…suck. See the Oxford High School’s shooters’ parents. While he obviously has severe issues, his parents are miserable excuses for humans and a prime example why some people should never reproduce.
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Exactly!
Interesting information about Mr. Bilinkas
Actually it’s a very good question, what was the thread? Cell phone does not equate with a pitchfork or shovel or gun. Please be rational.
This court seems to be very lenient on offenses that police officers commit.
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Please read for comprehension. I asked it in a very general “it’s never happened before??” context. CH is the one who kept focusing on the relative sizes of the two main actors (and let us not forget that RG was there and arguably the same size or bigger than MB).
I merely was pointing out that it would be tough to use their sizes alone and what they may have been holding as the silver bullet for conviction. There are plenty of examples of the smaller person being the aggressor. Never once did I say LK MUST have been the aggressor. I don’t know enough about what happened that day to remotely comment on that point.
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@soloudinhere what would happen if primary witnesses refuse to testify? We know RC is now obligated to testify. In your opinion what should Bilinkas recommend to MB since he can’t remember the actual incident but can recall the lead up?
I certainly understand if you are not comfortable responding to my questions. You’ve been so gracious giving us legal help in understanding and I appreciate your posts.
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LOL. Let me reassure you that I was not “using their sizes alone” as “the silver bullet for conviction”.
I completely agree with you that it has sometimes happened that the smaller person can be the aggressor.
In this case, it is clear to me (YMMV), that Barisone was the aggressor. I keep bringing up the 5’2” 110 pounds vs 6’ 2” 200 pound male athlete just because I think the assertion of self defense is preposterous, given that he also had the gun.
If the 5’ 2” woman had the gun and the large male athlete was armed only with a cell phone, then, yes, absolutely, the small woman could be aggressor.
In Bilinkas’s previous case, the school teacher Vertetis shot and killed a former state trooper. Like LK, he was armed only with a cell phone. Like this case, he was on the phone when shot and there was an “ear witness”. The ear witness testified in the trial.
The relative size and strength of the participants matters, because even if self defense is warranted, the nature of the self defense can not be more lethal than is warranted by the threat faced. Even if LK was the aggressor (it’s clear to me she wasn’t), given her size, weight, and strength, and the fact that she was unarmed, I can’t imagine a jury finding that shooting her twice in the chest at point blank range was justified.
For a self defense claim to work, MB would need to 1) not be the aggressor, 2) retreat if possible, and 3) not use deadly force if deadly force is disproportionate to the threat he faced.
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MB is the defendant, not a “primary witness”. My understanding is the defendant often declines to testify.
The important witnesses for the prosecution are LK, RG, the “ear witness”, RC, and the police.
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Not a lawyer, so cannot comment on your… evaluation… of anyone’s duty under a self defense claim, particularly in the state of NJ, where I don’t live and none of my family practices law. Agree or disagree, the public opinion of what self defense SHOULD mean vs what is actually legally sound in the state of NJ can be different enough to matter at the end of the day. We can’t base the legal definition of self defense/duty to retreat based on how the media reports it.
We continue have these arguments based upon a description of what happened at the scene by only one party and not under oath. Plus a very targeted hearing regarding the admissibility of statements. Again, I’m going to wait for actual trial testimony with the hope that light will be shed on some of the inconsistencies.
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Um, I’m sorry…I never said MB is a primary witness, but he does have a right to testify!
Thank you for schooling me, and others who the primary witnesses are. (Sarcasm!)
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