Barisone Verdict Is In: Not Guilty By Reason of Insanity

[trafalgar]

I would rather someone else make that determination. The judge seemed hostile to Mr. Barisone.

[Angela_Freda]

Agree, an impartial professional, or a panel of as in a parole board, would be the most just option

[Knights_Mom]

@trafalgar

I would rather someone else make that determination. The judge seemed hostile to Mr. Barisone.

I wish I could watch so I could judge the Judge.

Now that MB has been found NOT GUILTY there should be no reason for a judge, even a law and order judge to be hostile. If the judge continued to be hostile to me that would indicate some other motive at play and the first reason that should come to anyone’s mind is favoritism to someone Kanarek stemming from lawyerly ties.

[Carol_O]

" i read all the news so you don’t have to"

That is the quote on Remy Tumin’s Twitter feed. She is a NYT reporter, the one who wrote yesterdays story about the verdict. It is just about the worst piece of reporting I have seen, I cannot believe it is found in NYT. It appears she read the verdict and then read the previous stories published shortly after the incident in 2019.

Seriously, research, reporter, didn’t they teach you this in journalism school?

In her story, LK was a “promising newcomer” to dressage, and the incident occurred after MB tried to evict her so he could move into the apartment she and RG occupied. It is, imo, pretty sympathetic to the tormentor.

[hut-ho78]

@trafalgar

I would rather someone else make that determination. The judge seemed hostile to Mr. Barisone.

How so? A plea deal was offered. Diminished capacity was offered. The picture of LK with surgical cuts under her arm from front to back and sliced open from stem to stern was not allowed as prejudicial. Character witnesses were allowed prior to a sentencing hearing.

The sidebars were because the defense was breaking every court rule for a fair trial. That was on him, not the judge.

[Knights_Mom]

@hut-ho78

@trafalgar

I would rather someone else make that determination. The judge seemed hostile to Mr. Barisone.

How so? A plea deal was offered. Diminished capacity was offered. The picture of LK with surgical cuts under her arm from front to back and sliced open from stem to stern was not allowed as prejudicial. Character witnesses were allowed prior to a sentencing hearing.

The sidebars were because the defense was breaking every court rule for a fair trial. That was on him, not the judge.

Oh so now plea deals are offered by the judge? Funny I thought the Prosecutor did that.

[Bogey2]

I think Clanter has the wrong person in mind…Clanter this is Mary we are talking about, not LK

[Djones]

I have no sense that the judge feels one way or the other about MB.

[Knights_Mom]

@hut-ho78

@trafalgar

I would rather someone else make that determination. The judge seemed hostile to Mr. Barisone.

How so? A plea deal was offered. Diminished capacity was offered. The picture of LK with surgical cuts under her arm from front to back and sliced open from stem to stern was not allowed as prejudicial. Character witnesses were allowed prior to a sentencing hearing.

The sidebars were because the defense was breaking every court rule for a fair trial. That was on him, not the judge.

Sentencing hearing?

Isn’t a guilty verdict required for a sentencing hearing? Ya didn’t get one of those.

[Virginia_Horse_Mom]

Thanks for these links! Very interesting.

[BrownDerby]

@Carol_O

" i read all the news so you don’t have to"

In light of current world events, that is a pretty frightening statement.

[hut-ho78]

@Knights_Mom

@hut-ho78

@trafalgar

I would rather someone else make that determination. The judge seemed hostile to Mr. Barisone.

How so? A plea deal was offered. Diminished capacity was offered. The picture of LK with surgical cuts under her arm from front to back and sliced open from stem to stern was not allowed as prejudicial. Character witnesses were allowed prior to a sentencing hearing.

The sidebars were because the defense was breaking every court rule for a fair trial. That was on him, not the judge.

Oh so now plea deals are offered by the judge? Funny I thought the Prosecutor did that.

Don’t plea deals have to be approved by the judge? That may be after it is accepted by the other party. I don’t know the timing. I thought plea deals were not offered unless the judge informally approved them then after acceptance by the other party formally accepts the signed plea.

[rothmpp]

@SillyHorse

In all her time screeching on SM, has she ever once mentioned a career? Or any kind of employment? Even once?

Early on, she made a comment about her parents instilling in her “working hard when she was young so she could play hard later” - paraphrasing as I’m not going to hunt down the specific post. It particularly stuck with me because pretty much anyone I’ve ever known or read about who actually did this is happy to tell you just how they did it. She has never been inclined to share how she made enough money in her 20s (while having a heroin problem, mind you) to afford this expensive sport, particularly at the volume she does it at.

[Sparrowette]

I find in my net search, that there is at least one vote for Liam.

(Or, it may be just a vote for the apples and carrots he brought…)

Liam Neeson Says A Horse Recognized Him on New Film | PEOPLE.com

[ekat]

Judges typically don’t see plea deals until after all the parties have signed. And a good defense attorney will caution their client that the judge doesn’t have to accept it.

[KarenK]

I’ll just leave this right here for you

“Commitment following acquittal by reason of insanity is not intended to be punitive, for, although such a verdict implies a finding that defendant has committed the actus reus, it also constitutes a finding that he did so without a criminal state of mind. There is, in effect, no crime to punish.”

State v. Krol

[hut-ho78]

That is my point. The judge allowed character witnesses in the trial portion when a character witness would testify to things like truthfulness. If the defendant is not testifying then what was the point? Character witnesses are usually used in sentencing.

Character Evidence - FindLaw

[RHdobes563]

It probably wasn’t appropriate to THIS trial, but if they wanted ‘character witnesses’ for LK, whom would they call?

Crickets…

[hut-ho78]

@KarenK

I’ll just leave this right here for you

“Commitment following acquittal by reason of insanity is not intended to be punitive, for, although such a verdict implies a finding that defendant has committed the actus reus, it also constitutes a finding that he did so without a criminal state of mind. There is, in effect, no crime to punish.”
https://law.justia.com/cases/new-jersey/supreme-court/1975/68-n-j-236-0.html

Exactly but the individual must be evaluated to see if they are a danger to themselves or others which is a highly subjective analysis. The judge then has to decide based on analysis provided, violent act committed, and his own subjective analysis.

MB may be released at hearing or he at be committed for life. It’s all subjective.

[ekat]

One of the things about the Krol case is this language regarding any doubt the judge has in releasing the acquitee:

“ Doubts must be resolved in favor of protecting the public, but the court should not, by its order, infringe upon defendant’s liberty or autonomy any more than appears reasonably necessary to accomplish this goal”

There’s also a whole section in that decision about

“ A defendant may be dangerous in only certain types of situations or in connection with relationships with certain individuals. An evaluation of dangerousness in such cases must take into account the likelihood that defendant will be exposed to such situations or come into contact with such individuals”

Again, from a wholly clinically legal perspective, I’m fascinated by how this is going to play out.