Barisone Trial This Month

[CurrentlyHorseless]

@eggbutt

@CurrentlyHorseless

@eggbutt

@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.

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.

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!)

As I understand it, as defendant, Barisone has the right to testify and the right to decline to testify.

What primary witnesses are you wondering about in terms of willingness to testify? Anyone else besides the ones I mentioned?

[Graymaresrule]

Will the trial be streamed?

[Angela_Freda]

@CurrentlyHorseless

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.

You keep leaving out the other participants.
His Self Defense wasn’t just against one person, though.

Why?

[soloudinhere]

@eggbutt

what would happen if primary witnesses refuse to testify?

Your testimony can be compelled by subpoena. Refusing to testify when your testimony has been compelled by the court can result in fines, or incarceration, as contempt of court.

You don’t have to testify to anything and everything. Your testimony can be limited to specific things.

In your opinion what should Bilinkas recommend to MB since he can’t remember the actual incident but can recall the lead up?

I really can’t comment. Bilinkas has seen mountains more documents, evidence, testimony that I don’t have. I’d be remiss in remotely offering any opinion as to what should be done.

In the general sense, a person testifying that they can’t remember should state that if that is the truth. They should not try to explain what they think happened if they don’t know. It’s not a great idea to repeat what someone else told you happened and it may be excluded as hearsay. So state what you know occurred and allow the supporting testimony and documents/evidence to state what happened.

ETA: a defendant can refuse to testify as you have a constitutional right against self incrimination. However, in the case of a self defense claim, it might not be in the defendant’s best interest to refuse to testify as a large piece of that claim is the defendant’s belief that they needed to commit an action to save their own life.

Again, not a comment on this specific circumstance. Just a general statement.

[CurrentlyHorseless]

@Angela_Freda

@CurrentlyHorseless

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.

You keep leaving out the other participants.
His Self Defense wasn’t just against one person, though.

Why?

What other “participants”? RG? The dog?

[eggbutt]

Thank you very much!

[rothmpp]

Because it is not convenient to the narrative that CH is presenting?

@CurrentlyHorseless

What other “participants”? RG? The dog?

Frankly, yes.

Since there is no video and no one from that afternoon before the police arrived has had to testify in public under oath we DON’T KNOW FOR SURE what transpired.

[Angela_Freda]

Its like The Old Woman Who Swallowed the Fly.
You can’t just state “she swallowed the fly” and claim to understand.

[Angela_Freda]

@CurrentlyHorseless

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.

If size matters, so should number.

What did cop #1 see when he arrived?
Where were all the parties present, in relation to one another?

[Sdel]

@CurrentlyHorseless

You keep leaving out the other participants.
His Self Defense wasn’t just against one person, though.

Why?

What other “participants”? RG? The dog?
[/quote]

Again…I urge you to review:

https://forum.chronofhorse.com/t/thats-a-twist/464204/70?u=sdel

And for additional forum review:
https://forum.chronofhorse.com/t/thats-a-twist/464204/990?u=sdel

It seems to me that someone purposefully trying to make someone become unconscious or only semi-conscious would provide doubt toward it being a self-defense situation. And at some point the shirt got pulled off and his arm broken too….

[Sdel]

@Angela_Freda

What did cop #1 see when he arrived?
Where were all the parties present, in relation to one another?

There was a man on a cellphone in the vicinity of the house.

[ASB_Stars]

You know, I really do not care about the whole big guy little guy aspect of this. If the amount of stress that he had been under is anywhere as challenging as I tend to believe, base upon LK’s rants on here, and other descriptions, he was just completely freaked out. Carrying as gun tells me, at least, that he was at the end of his rope, emotionally. I have no idea how his childhood issues play into this, but if he was predisposed to mental issues, that would obviously make things more problematic.

I am not asking anyone to agree with my view. I am just saying that there are other ways of seeing this.

[Angela_Freda]

Those are very interesting refreshers, thsnks.

[eggbutt]

I can guarantee you if my significant other had been shot and possibly dying and I had control of the aggressor and had no idea how many bullets were remaining in the weapon, I would have choked the aggressor into complete oblivion so I could render aid to my loved one…unless I was fully confident the gun was out of ammo. There was a post by LK saying she heard the gun jam…that’s convenient and interesting. It seems logical to me MB was not the aggressor and nothing in 2 1/2 years has made me sway from that thinking. Sorry. My opinion.

[Sdel]

You know……she mentions blanks….might be the best explanation yet for why she survived. Blanks can still kill and do a lot of damage close range……the recent Baldwin tragedy in Hollywood ring a bell?

[Angela_Freda]

“But he wanted him conscious”
That IS an odd thing to write, to think, to have, according to this narrative, understood at the moment.

[Libby2563]

@Sdel

Blanks can still kill and do a lot of damage close range……the recent Baldwin tragedy in Hollywood ring a bell?

Yes, the concussion from blanks can injure/kill. The Rust incident didn’t involve blanks though–the gun was somehow loaded with live round(s). IIRC it was supposed to be loaded with dummy rounds, which are different than blanks.

It should be possible in the Barisone case to distinguish between blanks and live rounds based on hospital records, because blanks do not contain a projectile (bullet).

[Sdel]

@Libby2563

The Rust incident didn’t involve blanks though–the gun was somehow loaded with live round(s). IIRC it was supposed to be loaded with dummy rounds, which are different than blanks.

I did not follow that incident closely. I guess the more relevant comparison might be the actor that died after being shot in the chest with blanks then……

Guess we’ll have to wait for the trial to find out for sure.

[eggbutt]

@Angela_Freda

“But he wanted him conscious”
That IS an odd thing to write, to think, to have, according to this narrative, understood at the moment.

Indeed… WHY did “they” want him conscious? As though they communicated that with each other? At the time they would have had no idea MB, who was under such stress with head trauma, would not remember the events.

[soloudinhere]

Brandon Lee was fatally injured in a fairly complex accident in which he was killed by a bullet that was stuck in a gun’s chamber, then propelled into him when a blank round was fired behind it. While yes, technically, he was killed by someone who fired a blank round, it was a live bullet that killed him as well as a live round that killed Halyna Hutchins.