Court date for Michael Barisone?

[Alterration]

This is interesting: https://law.justia.com/cases/new-jersey/supreme-court/1994/a-101-93-opn.html

Particularly this: “Therefore, we hold that attempted passion/provocation manslaughter is cognizable under the Code as a lesser-included offense of attempted murder.”

So @LilRanger, it looks like it may be a lesser-included offense, though I don’t know if that terminology means “automatic” or not.

It also looks like the bar is somewhat high for proof. You have to be able to prove that there was sufficient provocation, and that there wasn’t time to cool off. But it does look like MB’s lawyers are trying to prove at least probable cause that she & the other fella goaded him into drawing the gun and firing it in the struggle.

It would definitely result in a reduced sentence, and makes sense that they would do that given that there seems to be little doubt that MB was there and did fire the gun, and she was hit.

[Knights_Mom]

This is why I said from the get go that I’m surprised he wasn’t charged with assault with a deadly weapon - all you’d have to do is prove he did stuff that hurt her and he did it with a gun. That’s it.

[BrendaJane]

As per recent marital development in the sex trafficer Gaetz saga: The privilege does not extend prior to the nuptials.
And yeah, it all goes out the window when you post it on FB

[Libby2563]

@Alterration

attempted manslaughter

No form of manslaughter can apply to this case because no one actually died.

“Attempted manslaughter” is not a thing anywhere that I’m aware and doesn’t really make sense conceptually. Details vary by state but manslaughter typically covers two types of scenarios: involuntary manslaughter (reckless conduct that kills someone, including manslaughter by vehicle) and voluntary manslaughter (intentional conduct that kills someone but is considered “less than murder” due to some mitigating factors like the heat of passion). The reason that “attempted manslaughter” is a nonsensical concept is that if you had the intent to attempt to kill someone, you would have committed murder/attempted murder.

ETA: I stand corrected. “Attempted manslaughter” is not a thing in the states in which I am barred for the reasons I explained, but depending on the mens rea required for the different forms of manslaughter in different places, apparently it can exist, and does in New Jersey. Sorry! Now I’m just one more person adding to misinformation in this thread. Mea culpa. I stand by the next paragraph though.

IANAL in NJ but I would hazard a guess that assault is a lesser-included offense of murder and therefore could be the final conviction in this case, either at trial or by plea. Since a firearm was involved, the more applicable form of assault would be aggravated assault, which involves serious bodily injury or bodily injury with a deadly weapon.

You can read the applicable NJ statutes (murder, assault, etc) here: https://law.justia.com/codes/new-jersey/2020/title-2c/.

[3PonyFarm]

Is mental health protected under ADA? If an inmate was receiving treatment by a therapist prior to incarceration are they able to continue their therapy (even if its by phone or whatever)?

I would think that a 2+ year pretrial detention would make anyone go off the rails but if you had an existing condition without any therapy that it would exacerbate the problem to an unrecoverable level.

[Alterration]

@Libby2563

Attempted manslaughter” is not a thing anywhere that I’m aware and doesn’t really make sense conceptually. Details vary by state but manslaughter typically covers two types of scenarios: involuntary manslaughter (reckless conduct that kills someone, including manslaughter by vehicle) and voluntary manslaughter (intentional conduct that kills someone but is considered “less than murder” due to some mitigating factors like the heat of passion). The reason that “attempted manslaughter” is a nonsensical concept is that if you had the intent to attempt to kill someone, you would have committed murder/attempted murder.

I did post the decision on allowing it above - and if you Google it it’s definitely a thing. Because in order to prove attempted murder, you have to prove intent to kill and premeditation.

I didn’t make the rulings, I just googled them

[PDDT]

Are you referring to the criminal case? Doesn’t that protection only extend to yhe accused? I am relying totally on Law & Order for this opinion…

[MorganSercu]

You know, I think you’re right.

[Angela_Freda]

Or perhaps you’d improve, if the main stressor in your life was now gone.
When I have zero contact with the toxic people in my life, I’m far healthier, mentally.

[3PonyFarm]

Perhaps, as long as new toxic people didn’t enter your life behind bars. Being confined and not being able to go outside would also not help my mental state.

[Angela_Freda]

Absolutely.
But if you did improve on the “inside”, what would that tell us about the sheer amount of stress the situation was causing us pre-incarceration, or about the person’s ability to manage sans the stressful characters at the farm?

[MHM]

Just out of curiosity, does anyone know the size of the jail in question? Are there 20 other prisoners? 50? 100? 500? 1,000?

I’m guessing they mostly would be in there on fairly serious charges. Otherwise they would probably not be held in custody in the first place.

[tryintogethere]

From the website: There are 277 cells with the capacity to hold 524 inmates (if doubled up.)
There are 8 different housing units within the jail.
Some have serious charges, others are repeat offenders and some were just not given the option of “bail.”

[MHM]

Thanks.

[eggbutt]

I don’t understand what is taking so long. High profile cases in other parts of the country are moving quickly such as the female police officer who pulled her gun instead of her taser and killed a young man is going to trial in November. Is this area in NJ on vacation for months at a time? Yeah, I get the pandemic shutdown, but move on. Right to a speedy trial my tush.

[Knights_Mom]

My bet is stuff comes alive after Labor Day. Then slows for Jewish High Holy Days. Then zooms at breakneck speed before crawling again in December.

That’s how courts, especially entitke Supreme or Superior Courts roll.

[3PonyFarm]

How long would a case like this typically last? Would you expect a plea deal would have already been made by now if the prosecution were to make one? (Unless they did and it was a crappy one)

My lawyer friend was telling me more about GSR and the case she mentioned where the defendant tested positive but the collection/storage methods came into question was the Robert Blake murder trial. The jury said the circumstantial evidence was flimsy and the prosecution could not “put the gun in his hand”. There were also two stuntmen that testified that he had approached them about killing his wife but the jury did not think they were credible witnesses. Although he was acquitted I think he did have to pay in the civil trial.

[Alterration]

@3PonyFarm

How long would a case like this typically last? Would you expect a plea deal would have already been made by now if the prosecution were to make one? (Unless they did and it was a crappy one)

I saw an article that said that they were offering one in Feb? Now I have to find it. Maybe it was a bad one.

[3PonyFarm]

Yes, I remember an article that said they were going to but I don’t know if it ever happened.

[Knights_Mom]

There was never any article that they had settled, only that there MAY be a settlement in the works.