Court date for Michael Barisone?

As disappointing as it is to engage on the topic and have that be completely passed over, it’s even worse when the person comes on to finger way and chastise claiming not one single person read her posts and wanted to discuss. Not sure how I got downgraded from person status, but yikes. :grimacing:

You are right, nowhere does his suit mention insanity. I think we - or at least I - got there b/c someone suggested that that not remembering bit in the civil might indicate they are going for some sort of incapacitation argument in the criminal case. I’m not sure what that would be in NJ, insanity? Temporary insanity? I’m sure those are not the correct terms.

@KellyS said she had contacts who were very knowledgable about criminal law in PA and NJ, so maybe she will come back and flesh out those ideas?

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I am not convinced that she has the capacity to do so. But is is a nice thought, and let’s see what happens.

There are many interesting questions posed in this case. I hope to learn more.

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Why is this a concern or surprise to you? Most security conscious people I know have high security settings on all social media accounts. What is it you were sniffing out?

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Oh, you guys are a riot! :laughing: Carry on!

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I think that is a valid point. Even the video of an event can lead to different interpretations of what actually happened.

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I can say from personal experience that being an eye witness is very hard.

I saw a car accident that caused the death of two people. I mean, I can see it happen in my head in slow motion. I said out loud as it was happening ‘what are you doing’ as that person turned.
But when it came time to say anything about either car (what color car was going what way, etc), I was no help at all.
I could say that the car going down the hill was traveling at a high rate of speed (they had zoomed by me), and the second car had turned crossing their lane of travel.
Other than that, I was a crappy witness. It was very frustrating to me.
Add that I am horrible, to the point of being unable to speak, at talking in front of people, while being the center of attention.
(The driver of the car that turned was killed and the unrestrained back seat passenger of the high speed car was ejected when the car rolled and they were also killed.)

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This is true. There is inherent bias in the camera. For example what it shows and doesn’t show.

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That would be terrible to witness. I wouldn’t want to have to retell it either.

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I’m proud to count the very recently retired Dr. Joanne Yaffe among my friends. She spent years looking at the reliability of eyewitness accounts., though her work focused on problems with eyewitness identification.

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Invite her to this thread! :smile: It would be interesting to hear her viewpoint on the subject of eyewitnesses.

It would be great to get a link to an article of two if Dr Yaffe isn’t going to join in person.

I’d also like to know how being a participant in an event, rather than an “objective” third party skews the memory of an event. An example is a grown stepdaughter whose medical appointments I usually go to because her version of what the doc said is often 180 degrees from what I heard him/her say, and which I confirmed with him/her before leaving.

I don’t think I would have done any better in the car crash scenario though. The sheer horror of witnessing it would be what I retained. Sorry you went through that.

Oops sorry Ghazzu. I didn’t realize you had embedded a link. Thank you. Interesting article

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Thank you so much for proving my point! Well done!

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She’s not remotely a horseperson. We met at UMass/Amherst as undergrads about a century ago.

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I would like to learn more about GSR testing and its use as evidence in the court. I was able to learn a little from my friend who is an attorney but to hear from an expert would be awesome.

From what I learned from my friend is that is can be transferred easily, the number and types of particles found are important, handcuffs, officers who drew their weapons who touch the defendant can contaminate the results and cop cars and interrogation rooms can all have GSR She also said that police who have handled their weapons should never be the one testing for GSR.

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https://scholar.google.com/scholar?hl=en&as_sdt=0%2C22&q=yaffe+eyewitness&btnG=

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My friend who is a criminal defense attorney isn’t a horse person either. She thinks we are all crazy for participating in a sport where we can get hurt so easily.

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In a scuffle such as the one at Hawthorne Hill, every participatant is going to be covered in GSR so it will be fairly difficult to make valid observations about either of the 3 people.

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If MB’s dominant hand is the one that was injured I would think it would especially be spread to the other person if they grabbed his hand after the weapon was fired.

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In the case I mentioned, it was strictly he said/she said, with no witnesses or physical evidence.

I was pretty surprised at the number of potential jurors who said they would have no trouble convicting someone under those circumstances.

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I wonder how they were able to make an arrest? It seems they would want some evidence to go with it. Maybe the legal peeps can help us understand this scenario.