Things just get murkier and murkier. Taylor and Schellhorn have to stick to what is codified in the statues as well as what’s defined in case law, but this particular type of situation doesn’t seem to be covered by either. So is it going to come down to how much they are now sympathizing with MB and want to make sure he gets the justice he deserves?
Again, I have to have faith that Mr. B will press as hard as he can to get a just resolution ASAP.
Or they recognized him as one of their kind, so felt comfortable and trusting of him.
Eee. I would not like to think about that possibility.
The more I watch Amber Heard (or Turd if you’re on TikTok) on the stand, the more I see someone else.
Gaslighting and narcissistic behavior just…radiates from her. (Note I say behavior, I’m not diagnosing her or anyone else)
I hope JD, like MB, gets justice.
ETA: unrelated side note: watching so many people on TikTok doing the Captain Jack Sparrow run brings me infinite joy.
there seems to be no set starting point.
Unless the judge setting the hearing 30 days after the trial is the buzzer.
So the way it read (and was explained) it seems that they can start the clock whenever…
Wait, am I reading this wrong?
They can never start the clock so the 60 days never even starts?
That approach seems really, really, really, really wrong.
But what they can’t do, per NJ law, is hold an NGRI acquitee in jail.
I wonder what needs to happen to change the situation? A protest at the jail? A flood of emails to the judge or the prosecutor? A flood of calls to the news tip lines?
I’m sure Mr. B and Mr. D are doing whatever they can, but three weeks later, he’s still sitting there. That seems wrong, and also illegal.
I wonder what would have happened in this instance if MB had been out on bail during the trial. If the mental health facility was at capacity what would they have done ?
if they couldn’t arrest and detain him at that point why can they hold him now .
Excellent question
I_dratherbe was the one looking at the statute.
I am not qualified to vacuum…
Wrong or immoral maybe, but not illegal if they are doing so within the confines of the law…
It’s not explicit in the Krol decision, but if you read further decisions of NJ Court, the language 60 days post acquittal becomes more prominent, so no, they can’t just hang out forever and not start a clock.
For some reason, Judge T specifically said 30 days. In the order forms, in the footnotes, it refers back to, it does say 30 days in some scenarios.
https://law.justia.com/codes/new-jersey/2014/title-2c/section-2c-4-5
And, it’s been linked here before, but here’s the directive and order forms. Order 1, which is what Judge T would have signed, starts at page 5.
I really, really wish I could access NJ Criminal Court records to see if Mr B or Mr D has filed anything. I can read this stuff all day long, but they would know much better than I what they are planning or doing.
Edit to add: hopefully they are planning or doing something and we’ll see results soon. I keep saying this to myself every day…
Did you see the post right above mine?
What happens if we hit the 60 day mark and he doesn’t get transferred? It would seem they’d have to let him go at that point, right?
He has to have an evaluation to determine he’s not a threat to himself or others before they can let him go. I would guess that at some point here soon they are going to have to come up with an alternative to Ann Klein if them not having a bed is the reason he’s still sitting in jail as an acquitee.
Would any recent filings be included with the records of the original charges or would they be listed elsewhere? The original case with the 4 charges says disposed.
Any filings would be under that same docket number, where the hearing is scheduled. In theory.
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