Barisone Trial This Month

[modifiedequitation]

Can anyone give me an update on the trial? I can’t watch right now so just wanted to know what was going on.

[trubandloki]

@modifiedequitation

Can anyone give me an update on the trial? I can’t watch right now so just wanted to know what was going on.

It has not started yet. There was a short hearing today that discussed jury selection starts on the 21st and trial starts on the 28th.
There are some posts up thread that give more details about today’s hearing.

[modifiedequitation]

Thanks!

[CurrentlyHorseless]

@RND

@CurrentlyHorseless

I’m not convinced of Eggbutt’s prediction that huge amounts of SM posts are going to be introduced.

The judge is predicting three weeks or a bit more, which doesn’t sound atypical for a trial on attempted murder (2 counts), plus gun charges.

TBH, I thought 3 weeks sounded pretty short, but I’ve never been on a jury.

I missed where anyone predicted that a huge number of social media posts will be introduced, but the fact is we have no idea how many (or if any) will be presented. And even if it’s only a few, I think we can be sure they will be among the craziest of all the available posts. My real point is that I agree with whoever made the comment about the jury possibly wishing they had not been the ones picked. I certainly wouldn’t want to be on this jury.

I feel like it was pretty ballsy of the defense to refuse the plea deal, and then plead insanity/self defense. If MB’s lawyer doesn’t have a huge bombshell up his sleeve that will shock us all and get MB off, I wonder if the verdict is guilty if it is possible that there could be an appeal based on poor performance of his lawyer in this trial (I know there is a more technical name for this but I can’t think of it)?

As I read it, had he taken the plea deal, he could hope to be out in about six years. To risk decades in prison instead of taking the six struck me as a huge gamble. Even if he is acquitted on the attempted murder charges due to insanity, there are still the felony gun charges, each of which can carry up to a 10 year sentence.

Are you suggesting that having been advised to turn down the plea deal, that may be grounds for appeal based on inadequate defense? A claim of “my defense lawyer was insane”, so to speak?

[soloudinhere]

The lesser charge if the victim didn’t die is aggravated assault, at least according to what I can find quickly in the NJ statute. Reminder I’m not an attorney in NJ.

You can be charged again if the prosecution feels it is worth it. For example, if he were acquitted on the charge of attempted murder for victim LK, he could be charged for aggravated assault of RG if he hasn’t already been.

Remember there’s several charges here. The gun offenses in NJ are quite strict and the unlawful possession of a firearm can still land a defendant in prison for a good long time.

[CurrentlyHorseless]

@eggbutt

@eggbutt

@FitzE

It is very strange, indeed. I’ve never witnessed anything like it. But, the simple fact that what one might call ‘both sides’ had the same reaction immediately after the shooting (scrub or preserve SM posts) is telling. You are 100% correct that this is not the normal, healthy reaction of a victim’s family or people who know/know of the victim.

It has become apparent that this victim was notorious and, sadly, it appears, widely despised for a long time, across many states, among a wide range of people, and had left a trail of destruction, arrests, law suits, and scorching on-line and IRL flame wars in her wake. The outrageous behaviour, some of which is discussed above, FAR preceded this incident.

@CurrentlyHorseless

For people to react to the news that a fellow equestrian has been shot (on the day of the shooting it was by no means clear she was going to survive) by immediately scouring the Internet for the victim’s SM posts and screenshotting everything they can find because they’re panicked that the shooting victim may “scrub” her SM posts strikes me as very strange behavior.

You are half right in this observation. What you are missing is that people close to her had the exact same impulse. If an average person is shot, the family scrubbing social media and people trying to preserve it, doesn’t ever happen. The very fact that that activity was one of the first things that both ‘sides’ -her family/friends/supporters and her detractors/victims - thought to do while she fought for life in a hospital is, frankly, chilling.

And I find it really sad. It’s sad that that is/was true for everyone on whom this incident had an impact. I genuinely feel that way. If something like this happened to me and that was everyone’s big takeaway from my life thus far, I would be gutted.

I am truly speechless at the truth of this post. After 2 1/2 years, this one posts sums it all up.

Looks like the Kanarek’s worst fears may be eliminated if the judge rules that some of LK’s media presence might be excluded from the trial. At least I would assume they would be worst fears.

I expect IF Shellhorn’s list is excluded in its entirety that Bilinkas will still have plenty to work with in the trial. Regardless of the outcome of the trial, 48 Hours will more than likely have access to the information Schellhorn wants excluded. Hmmmm.

I read it as Bilinkas had to come up with a manageable list of specific items to be considered one by one, not that the prosecutor had to enumerate the “thousands and thousands” he wanted excluded.

[soloudinhere]

Ineffective assistance of counsel is a grounds for appeal (well, post-conviction relief), however, it’s complex. You must be able to argue that 1. The performance was substandard and 2. That said substandard performance was prejudicial. In the case that being advised not to accept a plea could be considered substandard, I don’t think there’s an argument that the jury was prejudiced by that action. But lawyers can come up with an argument for anything

[CurrentlyHorseless]

@trubandloki

@Jealoushe

@eggbutt

48 Hours will more than likely have access to the information Schellhorn wants excluded. Hmmmm

48HRS aren’t the judge and jury though, are they.

I think you need to read that entire post to get the point being made about 48 hours having access to all the information that might not be able to be presented in the trial.

The way I read the post the point being made is that even if the prosecution does not allow some things that LK does not want out there into the trial, that stuff might still get out there because there are other sources that have it too.

Gee, golly, gosh. What “other sources” would be dying to put that stuff excluded from the trial into the hands of 48 hours? Anyone I know?

[Inigo-montoya]

There’s a simple reason he didn’t take the plea……he doesn’t suffer from delusional paranoia……he suffers from delusional narcissism. If he took the stand it would take the prosecutor 5 minutes to get him to shout out “damn right I ordered the code red.”
A claim of child abuse 50 years ago or a claim of some form of PTSD is not and should not be a “get out of jail free” card.
If that were the case we could empty the prisons……every violent felon has some excuse.
That said……you never know what a jury will do.

[eggbutt]

@CurrentlyHorseless

Gee, golly, gosh. What “other sources” would be dying to put that stuff excluded from the trial into the hands of 48 hours? Anyone I know?

Are you so naive to think David Dow, or his underlings don’t have access this forum?

[Jealoushe]

well, I mean I thought that was a given since we all have it too LOL

[CurrentlyHorseless]

@soloudinhere

The lesser charge if the victim didn’t die is aggravated assault, at least according to what I can find quickly in the NJ statute. Reminder I’m not an attorney in NJ.

You can be charged again if the prosecution feels it is worth it. For example, if he were acquitted on the charge of attempted murder for victim LK, he could be charged for aggravated assault of RG if he hasn’t already been.

Remember there’s several charges here. The gun offenses in NJ are quite strict and the unlawful possession of a firearm can still land a defendant in prison for a good long time.

He’s charged with two counts of attempted murder - LK and RG.

[LilRanger]

@CurrentlyHorseless

with a manageable list of

Did the judge actually say “manageable” or do you just think he should have said it? I didn’t attend the hearing virtually or otherwise, so I honestly don’t know.

[trubandloki]

There are so many things in life that should not be forgiven but somehow that keeps happening all over the place.

[eggbutt]

@Jealoushe

well, I mean I thought that was a given since we all have it too LOL

Yes, it’s also naive to think that everyone who reads these threads and takes screen shots also posts on the threads. There are a surprising number of lurkers here and on FB and other media.

[Jealoushe]

are people that dumb…it says right at the top how many views ahahha

As of now this thread is at 6.9k views with only 914 replies

[eggbutt]

@Jealoushe

are people that dumb…it says right at the top how many views ahahha

Yes, yes they are.

[Jealoushe]

[CurrentlyHorseless]

@eggbutt

@CurrentlyHorseless

Gee, golly, gosh. What “other sources” would be dying to put that stuff excluded from the trial into the hands of 48 hours? Anyone I know?

Are you so naive to think David Dow, or his underlings don’t have access this forum?

Of course 48 hours has access to this forum.

I was referring to all the urgent screenshotting “someone” did during the hours when it was not known whether LK would live or die.

Was the screenshotting done for this very purpose? If not to get it into the trial, then to feed it to the media covering the trial?

[trubandloki]

@CurrentlyHorseless

@eggbutt

@CurrentlyHorseless

Gee, golly, gosh. What “other sources” would be dying to put that stuff excluded from the trial into the hands of 48 hours? Anyone I know?

Are you so naive to think David Dow, or his underlings don’t have access this forum?

Of course 48 hours has access to this forum.

I was referring to all the urgent screenshotting “someone” did during the hours when it was not known whether LK would live or die.

Was the screenshotting done for this very purpose? If not to get it into the trial, then to feed it to the media covering the trial?

You would have to ask the people who did the screen shotting. I believe up thread @eggbutt said it was not them.