Barisone Trial This Month

The phrase, “A leopard can’t change its spots” kept coming to mind during the discussion of prior bad acts and messages. I assume there will be plenty of admissible evidence of previous behavior found in the “thousands and thousands” of pages.

It is interesting that nothing has been mentioned about the illegal surveillance equipment and evidence from them. I still wonder if charges will be brought for those acts after the trial or if Schellhorn wants to scrub his hands as soon as possible.

5 Likes

People with a burning desire to look cool.

26 Likes

Here we go. Lesser included charges and elements test:

3 Likes

But in this case they’re talking about the previous behavior of the victim, not the defendant.

4 Likes

Even better

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1141431

2 Likes

Often cases with the same attorneys are scheduled on the same day to save time. You’re not stood around waiting for the attorney in a different courtroom, wasting time because there was a hold up down the hall.

7 Likes

yeah, Im very interested to see what happens with that!

Did they say what time they were going to have that discussion on Wednesday afternoon? I know the judge was looking at his schedule.

1 Like

Not that I recall and it may not be an online meeting.

1 Like

The jury won’t be empaneled before the decision is made, so no, they won’t know anything about those texts.

2 Likes

The judge will have to review thousands of pages on Wednesday,?

1 Like

No, he will review the recommendations from both sides.

3 Likes

I am not a lawyer and I did not listen to the hearing today but I believe what will happen is the prosecution asked for these things to be excluded, the defense is now looking thru those things to see if they agree with that request. If they do not agree with that request they will name specific things they do not agree with it on.

6 Likes

No, I think she’s saying that at the end of the trial, possibly the charge could be reduced. There can’t be a second trial unless this one ends in mistrial.

Based on the earlier discussion, I’m not sure a lesser charge like attempted manslaughter is an option.

Is “attempted manslaughter” even a thing? I thought manslaughter was when you killed someone without necessarily meaning to.

1 Like

Schellhorn visibly winced when Bilinkas said “thousands and thousands” of pages. Or maybe it was gas.

9 Likes

I do not believe attempted manslaughter is possible due to the very definition of manslaughter.

While vacuuming I heard two lawyers talking (or was I studying for my law test?) and manslaughter is basically the unintended death of a person by another. Therefore one cannot attempt to accidently kill someone.

7 Likes

Thousands of pages isn’t uncommon, especially for a serious charge. There were thousands of pages in my own trial. It was 4 huge full binders worth of stuff and that was just the prosecutors file.

7 Likes

As I said before the only realistic charge is assault with a weapon and I’m not sure that would be a lesser included offense. Maybe @soloudinhere knows.

And I just responded to myself LOL cool!

5 Likes

Didn’t you just say that the judge will decide Wednesday on the admissibility of evidence of the victim’s past behavior not directly related to the defendant?

1 Like

On a case by case basis

4 Likes