Barisone Verdict Is In: Not Guilty By Reason of Insanity

[BrendaJane]

I would probably just pick a postcard, no envelope. A pretty picture and a short, supportive note.

[Tarlo_Farm]

Also a great idea!

[rothmpp]

I know this is a day old, but I’m way behind - I just wanted to add my perspective

@arktos19

Seriously, where are you headed with this? Organized crime groups are often affiliated with specific ethnic groups. Stating that fact does not constitute hate speech.

Right? I’m Sicilian and the discussion about the mob doesn’t offend me. Because, well, it’s true. Just because there is a history of Southern Italy and Sicily being at the core of many organized crime centers (NE, Chicago, Las Vegas) in the US in the 20th century doesn’t mean I am “mobbed up”.

I’m second generation US. My extended family settled in the NY/CT area. My family is huge. It would be silly to assume that I don’t have a family member somewhere in that tree that did something that had something to do with the mob, especially as fresh immigrants in the 50s. That doesn’t make every member of my family a member of the mob.

If we’ve been told to leave this alone, I apologize…

[MorganSercu]

It’s easy enough to find the charges against Jonathan & Kirby Kanarek in NJ. I don’t feel obligated to do anyone’s homework for them. Particularly when they don’t even bother to ask with a pretense of politeness.

[Sparrowette]

This is the address, formatted to what I was taught in grade school. That was way back when email wasn’t even a glint in anyone’s eye…

MR. MICHAEL BARISONE
C/O LAW OFFICES OF EDWARD J. BILINKAS
415 STATE ROUTE 10 STE 1
RANDOLPH NJ 07869-2100

I’ve added the zip +4 for your convenience. Enjoy.

[Knights_Mom]

@hut-ho78

@Cat_Tap

What bothers me about this trial is that it was never proven who exactly did the shooting. Since there was no proof or evidence the best outcome for MB was NGI. All we know is that MB brought the gun.

The state proved the elements of the crime that he attempted murder re LK… MB is not criminally liable because he was proved insane.

That’s not what the state proved at all. Again, this has been explained. It is not a finding of guilty but insane. You really need to learn the difference.

[eggbutt]

Raise your if you think anyone on the Barisone team is sorry he didn’t take the plea deal?!!!

I tried to tell IM and he refused to listen!

[Knights_Mom]

@CurrentlyHorseless

Color me not surprised at all that you don’t back up your titillating assertion.

Yeah I’m thinking it was big booboo to open this can of worms about family criminal history.

LKs side never has success with these types of challenges. EVER.

[Bogey2]

hahahahaha…great advice!

[DownYonder]

@MHM

@BrendaJane

I mean, why mention GM in this context, if not to sow the idea of sexual misconduct!

I have to say, that struck me as such a wacky tangent when the prosecutor first brought it up. I was definitely scratching my head for a bit there.

I believe he brought it up hoping to get Justin Hardin to state that GM’s ban enraged MB, which would undermine the defense’s angle that MB had been “driven insane” by the relentless psychological warfare campaign being waged against him by LK/RG/JK. He (the prosecutor) wanted the jury to believe that MB acted out of anger and rage and embarked on a preplanned vendetta against LK/RG because he (MB) believed they had called in a sexual abuse complaint against him to SS or CPS.

Mr. B objected and there was quite a heated discussion between he and da judge about whether that information could or should be permitted as evidence for the jury to consider.

At least, that is how I remember it playing out (and I just re-watched that bit of testimony last night).

[Sparrowette]

I have a personal theory about what happened, as others here do also. But to dig into it, I really needed to see that picture of RG’s injured hand again from when he was in the hotel with LK after she got out of the hospital. Looked and looked. Couldn’t find it.

I want to get a really hard look at his hand to determine if what I’m thinking may be it.

{sigh}

[hut-ho78]

@Knights_Mom

@hut-ho78

@Cat_Tap

What bothers me about this trial is that it was never proven who exactly did the shooting. Since there was no proof or evidence the best outcome for MB was NGI. All we know is that MB brought the gun.

The state proved the elements of the crime that he attempted murder re LK… MB is not criminally liable because he was proved insane.

That’s not what the state proved at all. Again, this has been explained. It is not a finding of guilty but insane. You really need to learn the difference.

[quote=“Knights_Mom, post:2506, topic:771580, full:true”]

@hut-ho78

@Cat_Tap

What bothers me about this trial is that it was never proven who exactly did the shooting. Since there was no proof or evidence the best outcome for MB was NGI. All we know is that MB brought the gun.

The state proved the elements of the crime that he attempted murder re LK… MB is not criminally liable because he was proved insane.

Why do you argue with yourself? You explained again and again that NG would also be offered by the judge besides the initial defense filing of “not guilty by insanity and self defense” and you were right. For LK, NG was rejected and NGI was selected. The difference between the two is that the state proved MB was the shooter but not criminally liable. NG means they walk out the door free as soon as they are out processed. NGI means the defendant goes to be evaluated and can be institutionalized for an undetermined amount of time (yes, with periodic re-evaluations).

You argue with your own explanations.

[eggbutt]

If the State of NJ can’t find a suitable hospital for Barisone to be evaluated, he should be released to private in-patient care for evaluation!!! The man has been incarcerated for 32 months already!!! This is disgraceful and punitive!!!

[SillyHorse]

@BrendaJane

go buy a horse already.

How many times have I thought this? Too many to count.

[eggbutt]

[Knights_Mom]

[quote=“hut-ho78, post:2512, topic:771580, full:true”]

@Knights_Mom

@hut-ho78

@Cat_Tap

What bothers me about this trial is that it was never proven who exactly did the shooting. Since there was no proof or evidence the best outcome for MB was NGI. All we know is that MB brought the gun.

The state proved the elements of the crime that he attempted murder re LK… MB is not criminally liable because he was proved insane.

That’s not what the state proved at all. Again, this has been explained. It is not a finding of guilty but insane. You really need to learn the difference.

@Knights_Mom

@hut-ho78

@Cat_Tap

What bothers me about this trial is that it was never proven who exactly did the shooting. Since there was no proof or evidence the best outcome for MB was NGI. All we know is that MB brought the gun.

The state proved the elements of the crime that he attempted murder re LK… MB is not criminally liable because he was proved insane.

Why do you argue with yourself? You explained again and again that NG would also be offered by the judge besides the initial defense filing of “not guilty by insanity and self defense” and you were right. For LK, NG was rejected and NGI was selected. The difference between the two is that the state proved MB was the shooter but not criminally liable. NG means they walk out the door free as soon as they are out processed. NGI means the defendant goes to be evaluated and can be institutionalized for an undetermined amount of time (yes, with periodic re-evaluations).

You argue with your own explanations.

You continue to fail to see the difference between a finding of NGI and Guilty but Insane.

Law is built sometimes on nuance and that is important. For a crime to have been determined to have been committed certain elements must be present. Mens rea and actus reus.

Mens Rea refers to criminal intent . The literal translation from Latin is “guilty mind.” The plural of mens rea is mentes reae. A mens rea​ refers to the state of mind statutorily required in order to convict a particular defendant of a particular crime.

The Model Penal Code recognizes four different levels of mens rea: purpose (same as intent), knowledge, recklessness and negligence .

The mens rea is the guilty mind and the actus reus is the guilty act . The words come from a Latin maxim that holds there to be no punishable act that is not the result of a guilty mind. It is not a crime merely to think guilty thoughts. Guilty thoughts must be linked to an act.

In this case it might be said we have the guilty act - a person was shot.

But the insanity part means we do not have the mens rea.

Generally speaking, for a person to be found guilty of a criminal offence he or she must have committed an illegal act (actus reus) and had the required “state of mind” (mens rea) for the criminal offence.

Maybe now you’ll understand?

[Virginia_Horse_Mom]

Huh.

I’m curious. Would you please share what the public records involve? Only public info… in keeping with forum rules. I can’t seem to find the link to the NJ records database - it’s probably buried a thousand posts back in this thread.

[Sdel]

https://portal.njcourts.gov/webe5/MPAWeb/Welcome.faces

[Sparrowette]

I did a few quick adjustments. Before I come back after work, what do you think you see here?

All I did to the photo was to zoom in, crop, increase contrast, and move midtone color balance slightly toward cyan.

[Knights_Mom]

@MHM

For those who have been steering clear of the assorted threads on the subject, Michael Barisone was just found not guilty by reason of insanity on the attempted murder of Lauren Kanarek and the weapons charge regarding Lauren Kanarek. He was found just plain not guilty for those same charges regarding Lauren Kanarek’s boyfriend.

So now he will be going to a mental health facility where they will determine if and when he can be released back into society.

Are you suggesting injury as in relation to the action of a trigger finger?