Barisone Verdict Is In: Not Guilty By Reason of Insanity

As far as I know, the Rules of Procrdure and/or the Rules of Evidence allow it as a way of limiting duplicate or redundant evidence and testimony.

A long time ago, a judge in my county gave the attorneys one hour for opening/closing. He’d set up a timer for everyone in the courtroom to watch. I never saw anyone go over the limit. :grin:

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Circling back to my pre-corporate lawyer days when as a litigation paralegal and then young associate at large law firms I was involved in preparing and reviewing discovery responses, my guess is that there are a lot of duplicate posts in that 19,000 pages. Think of how many times just on the threads on COTH folks would quote something of LK’s , make a comment on it, and LK would then respond, someone else would add on, she would respond . . . . Each time something was added to that string the whole “new” string (as added to) could become a separate post that would need to be produced as a separate “document”.

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I hope that even if he is not transferred by the time of the hearing that it is still happens as scheduled. He is entitled to get some answers from the court about any alternatives available and to have his attorneys ask any questions they may have.

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You’re right, there probably are duplicates. I’m just glad I don’t have to read them and wade through all of it!

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Me too!

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As far as the prosecutor getting in a psychologist, I’m guessing they’d go with someone who is A) already working the the DOH, as they won’t need to get paid, B) go with the psychologist at the jail ,see A, or; C) get the psychologist the defense suggests if the defense offers to pay.

The prosecution doesn’t really have a dog in the fight except for the pending civil rights lawsuit, so I’m sure they would like this to go well for Barisone too. I have heard nothing about an appeal being filed…

Who would be appealing?
MB has four Not Guilty verdicts and last I checked prosecution can only do this once. They lost.

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The losing party can appeal if they feel the objections that were allowed were materially wrong and effected the outcome of the case. I don’t see the prosecution being very interested in appealing this, but they certainly have that right. It’s not double Jeopardy, even if it seems like it.

Wikipedia is not my favorite source but in this case it lists the court decisions.

The US Supreme Court says no.

It was decided in Fong Foo v. United States , 369 U.S. 141 (1962) that a judgment of acquittal by a jury cannot be appealed by the prosecution. In United States v. Jenkins , 420 U.S. 358 (1975), this was held applicable to bench trials. In Arizona v. Rumsey , 467 U.S. 203 (1984), it was ruled that in a bench trial, when a judge was holding a separate hearing after the jury trial, to decide if the defendant should be sentenced to death or life imprisonment, the judge decided that the circumstances of the case did not permit death to be imposed. On appeal the judge’s ruling was found to be erroneous. However, even though the decision to impose a life sentence instead of death was based on an erroneous interpretation of the law by the judge, the finding of life imprisonment in the original case constituted an acquittal of the death penalty and thus death could not be imposed upon a subsequent trial. Even though the acquittal of the death penalty was erroneous in that case, the acquittal must stand.

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Are you talking about the civil trial or the one in which MB was found not guilty in? I thought once someone was found not guilty in a trial, they could not be re-tried for the same offence.

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They cannot be placed in jeopardy of life or liberty more than once for the same alleged criminal action. Whether found guilty or innocent, the outcome of that trial is final. That means if a prosecutor fails on a murder charge, they can’t go back and charge that person with aggravated assault. It would place that person twice in jeopardy of life or liberty for the same action.

The prosecution cannot appeal the jury’s findings if a defendant is acquitted.

United States v. Halper also has some interesting information as to what civil penalties can attach in the case that someone has already been placed in jeopardy of life or liberty in a criminal action.

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I assume you meant to have the word not in your first sentence in front of the word guilty.

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As I’m sure I’ve said before either in this thread or a previous one, whatever rate they’re getting paid to read through all that material, I’m sure it’s not enough.

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I completely agree! I do, out of curiosity, want to read the 6 or 7 page “manifesto”. Because, Who.Does.That?

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I do appreciate his knowledge and work ethic and dedication, but OMG, that was exhausting just to read!

I just want to loop the reins at them and canter/lope around a course of jumps :upside_down_face:!

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I thought the 91 pages were MB’s hand written “summary” not actual LK’s SM. I can go back and watch but Law & Crime makes it difficult for me to find what I want to review.

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I watched a bit of the Heard/Depp case yesterday. There was a forsenic psychologist on the stand. She said she charges $500 per hour for her services.

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That might explain why the mustache said he went through every single one of the 19,000 pages.

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Dr Simring is day 8. :slight_smile:

At about 1:20 in, he says,

“ but with him I said I cannot read thousands of pages I want you to boil this down and he finally did produce for me a 91-page document with the high points.”

They talk about it some more after that, but it’s never explicit on direct exam if it’s him writing, her posts, or a combination of both (my guess). I can go look through the cross exam though.

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