Court date for Michael Barisone?

I believe the hearing was whether MB’s Miranda rights were violated and if he understood what was said to him and what he said to police after they arrived.

Bilinkas did a good job of questioning the officers, even with several “I don’t recall”. Oddly the officer who was in the ambulance said he heard MB say “Is this real? I need to wake up” said later he couldn’t hear what was said when asked other questions.

48 Hours has been working on a story for several weeks now with one of their top journalists/producers heading it up.

BTW, LK’s parents were there but she was not physically there.

12 Likes

I thought so too and wondered if it had been pulled off in the “struggle”. I would find it unusual for him to be parading around his facility without a shirt on.

The pistol magazine in his pocket was definitely interesting and raises so many questions in my mind. I wonder if ballistics tests were done on the bullets and the gun, did he take an empty gun and loaded magazine, did he take an extra magazine?

7 Likes

My questions were did they fingerprint the magazine and could it have been slipped in his pocket while RG was sitting on him? A removed shirt seems to be an indication they spent a lot of time trying to restrain him, and that he was temporarily blind/immobile/bent over if it was pulled over his head……something I’m not sure would happen if he just walked up, shot LK, and then at RG, and then was tackled and beaten….as per the narrative presented here…

8 Likes

Remember in earlier threads LK said she attacked him, breaking her phone hitting him in the face, AFTER she’d been shot. BS.

12 Likes

Perhaps the shirt was removed to use to stop bleeding from any wounds he sustained-if he had time to do that. The idea of it being pulled off in a struggle does make a lot of sense.

2 Likes

But that’s what confuses me. Why would Barisone’s attorney bring up Miranda rights to get that testimony excluded if the testimony was supporting an insanity defense? I guess no one will know if the defense strategy will be an insanity defense, but that was my guess based on the civil suit filing.

Based on the quotes in the article, I saw nothing that the defense would obviously need excluded.

He want’s to undermine the police. He’s looking for ammunition to impeach the officers later.

10 Likes

I have no idea. I thought the questioning was whether MB was competent enough to agree to the Miranda rights and if he wasn’t, this supposed statements of “I had a good life…” would be excluded. Come to find out the cop “thought” that was what he heard, or “words to that effect” while MB was being treated in the trauma center. MB had been given several strong pain medications at some point and apparently had sustained a concussion.

6 Likes

Yes, Bilinkas showed several examples of pertinent information in the officer’s notes not making it to official reports.

8 Likes

The article said he had “lacerations” on the head. Head wounds bleed a lot, so it does make sense that he would use the shirt to try to stop the bleeding.

1 Like

OK. I see your point. If you want to impeach the credibility of the police, you’d question whether they Mirandized him properly, even if some of the testimony was favorable to the defense.

1 Like

One of the news articles said that RG had MB penned to the ground, with the gun underneath MB, when the police arrived. So, not likely the shirt was removed to control bleeding. If it was removed, it was most likely ripped off in some manner, either literally ripped off, or pulled over his head as leverage/control before fully removed.

5 Likes

I know MB had at least two close friends in the gallery for support and I think 3 or 4 more. Glad he has some in person support. For sure quite a few were watching online.

13 Likes

Other than talking to the officer who was unable to attend, did they say there would be anymore hearings before the trial?

The hearing on December 1st will cover the one PO and many other things.

3 Likes

Thank you.

1 Like

It has to be somewhat encouraging for those involved to at least have a date set for the trial.

3 Likes

It is interesting that the defense anticipates at least 30 witnesses and the prosecution anticipates much less. Usually it is the other way around!

4 Likes

Yes it is good to have a date set!

2 Likes

I was very surprised to learn from friends in the legal profession the tactics that police are allowed to use when questioning someone. It seemed like they were more interested in having someone confess than actually investigate and solve the crime. My friends told me of false confessions and one poor person who did not have money for a good attorney actually confessed because that was the quickest and easiest way for him to return to his family and life. The evidence later pointed to his innocence.
There are certainly criminals out there who are guilty and need to be punished but steps should be taken to make sure the cops have the right person.

14 Likes