I donāt know anyone claiming to be a lawyer when they are not. Claiming to know more than lawyers, maybe, though I would think they were kidding. Iāve just noticed non-lawyers use IANAL and the lawyers qualify their comments if they donāt practice criminal law in New Jersey. Seems like a mostly careful bunch where the law is concerned. There has been really good discussion on points of law. Very interesting.
As a general rule, lawyers are pretty adverse to offering anything that could be construed as legal advice, particularly in a state in which they are not permitted to practice law. In some states, any such thing can also be deemed a solicitation for clients, which is strictly verboten unless it is clearly stated.
Which is why Iāve said several times that anything and everything I post is to be considered informative or informational and is NOT legal advice and I am NOT an attorney in the state of New Jersey.
I do, however, feel Iām qualified to comment generically for informational purposes about the matter and mechanism of law, where itās educational to do so. Therefore, āIANALā is not really applicable, but I am not a lawyer in the state in question, nor do I practice criminal defense, is a more accurate statement.
Really, I shouldnāt comment at all, but I do find the workings of the law interesting, and I think the general public should be more educated as to what the law means to them and their lives.
@soloudinhere, I think we all appreciate the input of real lawyers who are willing to give us some insight into how the law can be used or interpreted.
Like maybe it triggered something related to the alleged abuse as a child and C-PTSD and that is one of the reasons he canāt remember what happened after the CPS visit? Many PTSD sufferers will tell you triggers are unpredictable and individual responses vary greatly.
Not saying this is the case, since of course I donāt know, but itās not any wilder than any other hypothetical thatās been presented.
I cannot look in the window of a garage. I found a friend after he had committed suicide in his garage. I looked in the window walking up to the house to see if his truck was there when we were trying to find him. I didnāt see the truck. I saw him. To this day it triggers me. it was 15 years ago and I still canāt do it. The windows of my garage are blocked off so donāt have to deal with it at my own house.
Just wanted to say thanks to everyone who has taken my posts in the spirit they were intended. Itās nice to get a thank you so hereās one in return
I donāt know who called CPS or why. I think it was a wise call since he did end up shooting a client. Someone must have noticed the disintegration. Iāve wondered what set him off. I ended up with known stressors - divorce, loss of assets, loss of his business partner (wife) whom he always credited for handling things so he could shine at riding and clinics, his girlfriend leaving, aging, maybe just that he couldnāt charm or bully his way around the women in his life anymore. He was an attractive, charming, highly successful athlete whom a lot of people liked, really liked and respected. He threw it all away with a series of bad decisions. Everyone lost.
Iāve wondered if he ever had concussions like the football players. Iāve wondered if he drinks. Iāve wondered why he was being arrested when he was charged with resisting arrest.
I think LK was in the wrong place at the wrong time. Her scrappiness has and will hurt her socially and on the job. It may also be the same scrappiness that kept her alive, kept her fighting to live. She is a tough girl and I mean that well. She doesnāt let things pass to the point of her own detriment. Hopefully, sheāll grow out of that. She is still young though to me, everyone is. Iām sure this has caused her a lot of reflection. I wonder what pain and trauma she has that causes her to be so aggressively defensive (and I mean before the shooting, if I came out of a coma and saw people trash talking me, Iād be banned for a prolific use of swearing) and what triggers this is pushing on the people reading and commenting. Who do we want to be when we age? Angry people sparring on social media? Ha! Apparently so to a certain extent. That is a joke kind of.
Mainly, I just feel sorry for everyone involved and Iām glad I never ended up riding and socializing at that high level of equestrian competition. The grass is not always greener. The things weāve learned (or Iāve learned since some of yāall say you always knew) have just been incredibly disappointing, sad, disgusting, shocking. Iām glad my parents were watchful. I thought too much so. Good for them.
Yeah, my reading of the statement by the defense attorney is also that the primary difference in opinion between the defense and state experts is whether the defendant meets the NJ statutory definition of insanity. From the defense attorneyās statement, it sounds like thereās agreement that the relationship was fraught and causing some degree of emotional distress, but the experts disagree on how much that impacted functioning/reality testing/exacerbated pre-existing conditions, etc., to the extent that the defendant would meet or not meet the standard for insanity. Which makes sense to me, I donāt think charges would be brought if all parties agreed that the defendant was legally insane or acting in self defense.
Iām very interested in the expert testimony and to see what diagnoses, if any, they do bring forward. I saw reference to C-PTSD on these forums, and that could be a valid diagnosis for someone with a history of childhood trauma (and again, no idea if any of this applies to the defendant, but in general). Iām interested that the defense attorney used the term ādelusionalā - wondering if that came from the experts or is more of a colloquial use of the term?
It is not her scrappiness that has or will hurt her. It is her gut reaction to anything she does not agree with to be a nasty, ugly person who actively seeks to hurt others.
If LK was in the wrong place at the wrong time, it was because she put herself there as she refused to leave a property that was not hers! She had offers to help her and her horses leave.
The rest of your post about MB is just speculation, pure unadulterated speculation. Do you know MB personally?
In the Miranda hearings, the defense made a big deal of the condition in which MB was found when the officers were on scene. He was beaten about the head, with both photographic evidence of his injuries and the narrative posted on COTH in which Lk states she beat him about the head. He was likely partially suffocated with his own shirt and we also have a narrative that he was, at some point, in a vulnerable enough position to have been easily rendered unconscious.
The first responding officer described MB as dazed, confused, docile, having a blank stare and flat effect.
Really?? What did they find? Did they take the kids away because they were in danger? Did they have anyone arrested for child abuse? Did CPS just leave because it was a nothing burger?
More than likely someone thought they could get him into trouble by calling the CPS and had a plan to try to ruin his life.
Oh Iām sorry. Is speculation on this topic bad? I was responding to Joanneās question. Should I have ignored it? Maybe I should just ignore this comment because itās seems to be a bit mean spirited.