Mb civil suit rulings 11/15/2022

[Mersidoats]

Asked her to leave? Told her to show up for her lessons?

[MorganSercu]

The abusive monster! /s

[MHM]

Has anyone else noticed that sometimes all the posts don’t appear?

It seems like sometimes I will come back to the thread to find previous posts that were not there before, and I’m wondering if this is somehow related to the posts that are not supposed to be showing up because I have other people on ignore.

[Kitty64]

I’ve noticed that. Also some posts are out of order, or the original post isn’t there.

[MHM]

Huh. Interesting.

As if it wasn’t already hard enough to keep up with this thread! Lol.

[eggbutt]

When did the moderator say the system was being upgraded? Maybe something is happening as they migrate the systems.

[hut-ho78]

@trubandloki

How did you get that out of that post?

I don’t know if you noticed I keep saying what is deemed to be public is key to whether or not the recordings are legal or illegal. It can come down to is the language clear enough or vague enough that the recordings may still be considered illegal and not acceptable for a criminal complaint but not a crime because there was no criminal intent per the understanding of the individual. I don’t know how the law has interpreted this for wiretapping. I don’t know if it isn’t a crime, if a civil lawsuit can prevail. Again, it’s all how the law sees it, the judge sees it, and how the jury sees it.

The reason why I say this is because I’ve run into public accessibility meaning and application before only it was on a construction job. It was determined it was necessary in the design phase in a municipality courtesy review. People who decided they were smarter than the reviewer got in a big fight, lots of chest beating and accusations, everyone was an expert, they went to the reviewers boss and got it cleared, the reviewer retired soon after (really nice guy). Towards the end of construction, the state shut the job down until there was an ADA accessible bathroom. (A separate modular building and it had to have an accessibility ramp). The state didn’t budge because they said the feds had already determined that it was required for this purpose. Then the reviewer was blamed for not making it clear poor guy.

I loved that post I commented on. It was so alpha mare. I am the authority and I have spoken. It so reminded me of that situation.

Public accessibility is interpreted in various ways as it applies to various scenarios and there are multiple court cases already. How it is applied for ADA will be different from wiretapping, at least I think it will. My guess is there is precedence for both. If that poster is a specialist in wiretapping law and criminal and civil cases involving the same, especially in regards to public access and civilians (non-LE) then just reading the law on its prima facie won’t be the final answer here. However, if LK read it and can make a convincing argument, she had no intent to violate the law by her interpretation, she could be clear of a crime and clear of civil liability. Think audit and tax law. If you don’t pay the government everything it is due and they find out, then you have to pay what you owe with penalties and interest (or interest and penalties). However, if you are aware of the law or regulation and it was not ignored just misinterpreted, they won’t send you to the justice department for a criminal probe for tax evasion, it will just be a payment plan.

I have my theory of listening devices. Other people give much more credit to LK’s and RG’s ninja super spy skills than I do (really, she can’t make it to lessons but should be working for industrial espionage or the CIA, not likely).

I don’t think any illegal recordings exist. I think that is why the defense is trying to hard to get a handle on it. If they prove they don’t exist then they can say LK was needling MB. If they prove they do exist, then they can try to keep them out of court or per their amendment, even if it isn’t a crime, it is a lawsuit. What a jury will do with this, I don’t know. I think LK’s gut told her it was dangerous and her decisions were not good, even really bad.

Nagel gets to really earn his pay on this one.

[yaya]

I have often found I have to refresh when I come back to the page, or else posts between my last visit and the current one don’t appear (making things make less sense than usual).

[hut-ho78]

@Knights_Mom

@hut-ho78

@Rubyroo

My apologies, I’m not used to being around people who are so fragile. I’ll keep that in mind from now on.

Well, I see you received the mob welcome. It’s kind of like hazing. It only stops if you tell everyone how smart they are and dump on LK for a while.

Welcome to the Barisone threads!

You forgot to also tell us we’re pretty.

My apologies @Knights_Mom . You have to add that too @Rubyroo.

[eggbutt]

@hut-ho78

I don’t think any illegal recordings exist. I think that is why the defense is trying to hard to get a handle on it. If they prove they don’t exist then they can say LK was needling MB. If they prove they do exist, then they can try to keep them out of court or per their amendment, even if it isn’t a crime, it is a lawsuit. What a jury will do with this, I don’t know. I think LK’s gut told her it was dangerous and her decisions were not good, even really bad.

Nagel gets to really earn his pay on this one.

The sky is falling! We actually agree on something!!

Aren’t there already 81 or so illegal recordings in the possession of all the attorneys? It was my understanding they want to obtain the additional specific ones used by Kirby Kanarek to transcribe and send to SS along with any others that might exist that were tossed around to others “for safekeeping”.

[hut-ho78]

@Joanne

Remind me: what did MB do to LK to bully her?

Good question. Was body shaming an example of bullying or was it bullying or body shaming? Verbal child abuse not sexual per the form and court.

That’s all I remember on it.

[hut-ho78]

@Maria

Indeed. I think there are so many variables in this case. In which, at least to me, there is not a definitive answer to what “exactly” happened at the farm house on August 7, 2019. Had there been proper forensics done at the scene, on the persons involved, had the camera been collected immediately and the download(s) to the cloud, there may be actual concrete evidence as to what really happened. Unfortunately this did not happen. Shameful in my mind. Because of the shoddy investigation, many scenarios can be thought of, of which make absolute perfect sense.

This is not a black and white case. We know certain things as fact, but then other thing are very very fuzzy.

For me, I look at the facts that have been established and then try to fit in the variables that have been proposed. The largest non-variable to me is LK’s history and admitted lying, admitting to wanting to Finish the bastard. That tells me so much.

LK was shot, that much is truth. Who shot her and how it happened is unknown. It may never be known. I have hope and expectations that so much more will be revealed in the criminal trial.

Remember, the forensics they did do has been denied completely on this forum. The no gunshot residue found on LK’s shirt which ruled out “point blank range” and “grappling for the gun and it went off” has been explained away by posters with an agenda as having washed away.

[BrownDerby]

Interesting that some are rotating back to SS. LK said herself in past, closed threads that the CPS visit would be critical to her case, even the most critical aspect of her case.

[Knights_Mom]

@hut-ho78

cordings may still be considered illegal and not acceptable for a criminal complaint but not a crime because there was no criminal intent per the understanding of the individual. I don’t know how the law has interpreted this for wiretapping.

No understanding of the individual? THAT is hilarious!

Law doesn’t work like that. Never did. Never will.

[MHM]

@yaya

I have often found I have to refresh when I come back to the page, or else posts between my last visit and the current one don’t appear (making things make less sense than usual).

And that’s really saying something! Lol.

[hut-ho78]

@Knights_Mom

@hut-ho78

@DownYonder

@Rubyroo

@DownYonder

Since LK sent the transcripts to SS in an effort to make MB look bad and hopefully get him suspended, my guess is the defense team wants the transcripts to help prove damages to MB’s reputation. My guess is also that the transcripts are not faithful to the content of the recordings and were altered to further LK’s goal of destroying MB (and also altered to minimize her participation in any wrongdoing). I also suspect that the “alterations” are the main reason the K-Klan is being so reticent about turning them over - they very well may prove that LK was weaponizing SS.

I would hope that Safe Sport would not use transcripts sent in by an alleged victim in an investigation without verifying against the actual recording.

I am about 100 posts behind but just wanted to say that I agree that it would be a travesty if SS had used KK’s transcripts as the basis for their investigation without verifying their accuracy.

But the point is not whether SS used those transcripts, but rather the integrity of the transcription. If the narrative as typed up by KK was not a faithful representation of what was actually said on the recordings, then that is evidence that LK was trying to weaponize SS for the purpose of undermining MB’s standing with USEF - and therefore trying to destroy his reputation and career. It seems to me that would be powerful ammunition for MB’s defense team in proving “damages” to MB.

I can’t follow that logic. She field with SafeSport that he was bullying and then he shot her. It validated the SafeSport complaint. If her gut was telling her it was unsafe (yes, she should have left) but she had a wrong perspective on the reason, her gut was still right. Once he shot her, it didn’t matter anymore. He was unsafe. The environment was unsafe. Any children that had been on the premises were in an unsafe environment.

With that logic, his complaints to USEF and SafeSport prior to shooting her could be construed as self justifying his shooting her through the organizations he felt most comfortable. Premeditated.

I don’t think so. I think it was tit for tat cascading bad decisions and a lack of professionalism. He was willing to ruin her dreams of competition but too “nice” to evict her? Then he shot her and and ruined his own life and nearly ended hers. Without a criminal record, he can rebuild but Google says NGRI verdicts stigma can also stay with the defendant.

The 8-9 concussions, his age, the divorce with the added business partner breakup, the cash flow issues, the freeze and living conditions with no one to help him through this, the deluge of hysteria in the information coming in from grudge holders against LK (who were not sued by JK nor at all frightened of him), he was all alone.

Hindsight, maybe he should have evicted MH and RC (along with her gun), calmed LK down and kept RG working to repair the house. At least he was getting some board from LK as compared to none from MH.

The problem with your continuing to obsess on these points is that your insistence of using faulty premise constantly delivers you to faulty conclusion.

That may be a correct description. It would also mean that I am right in with everyone else but just with a different faulty premise and conclusion.

[Knights_Mom]

@hut-ho78

@Knights_Mom

@hut-ho78

@DownYonder

@Rubyroo

@DownYonder

Since LK sent the transcripts to SS in an effort to make MB look bad and hopefully get him suspended, my guess is the defense team wants the transcripts to help prove damages to MB’s reputation. My guess is also that the transcripts are not faithful to the content of the recordings and were altered to further LK’s goal of destroying MB (and also altered to minimize her participation in any wrongdoing). I also suspect that the “alterations” are the main reason the K-Klan is being so reticent about turning them over - they very well may prove that LK was weaponizing SS.

I would hope that Safe Sport would not use transcripts sent in by an alleged victim in an investigation without verifying against the actual recording.

I am about 100 posts behind but just wanted to say that I agree that it would be a travesty if SS had used KK’s transcripts as the basis for their investigation without verifying their accuracy.

But the point is not whether SS used those transcripts, but rather the integrity of the transcription. If the narrative as typed up by KK was not a faithful representation of what was actually said on the recordings, then that is evidence that LK was trying to weaponize SS for the purpose of undermining MB’s standing with USEF - and therefore trying to destroy his reputation and career. It seems to me that would be powerful ammunition for MB’s defense team in proving “damages” to MB.

I can’t follow that logic. She field with SafeSport that he was bullying and then he shot her. It validated the SafeSport complaint. If her gut was telling her it was unsafe (yes, she should have left) but she had a wrong perspective on the reason, her gut was still right. Once he shot her, it didn’t matter anymore. He was unsafe. The environment was unsafe. Any children that had been on the premises were in an unsafe environment.

With that logic, his complaints to USEF and SafeSport prior to shooting her could be construed as self justifying his shooting her through the organizations he felt most comfortable. Premeditated.

I don’t think so. I think it was tit for tat cascading bad decisions and a lack of professionalism. He was willing to ruin her dreams of competition but too “nice” to evict her? Then he shot her and and ruined his own life and nearly ended hers. Without a criminal record, he can rebuild but Google says NGRI verdicts stigma can also stay with the defendant.

The 8-9 concussions, his age, the divorce with the added business partner breakup, the cash flow issues, the freeze and living conditions with no one to help him through this, the deluge of hysteria in the information coming in from grudge holders against LK (who were not sued by JK nor at all frightened of him), he was all alone.

Hindsight, maybe he should have evicted MH and RC (along with her gun), calmed LK down and kept RG working to repair the house. At least he was getting some board from LK as compared to none from MH.

The problem with your continuing to obsess on these points is that your insistence of using faulty premise constantly delivers you to faulty conclusion.

That may be a correct description. It would also mean that I for right in with everyone else but just with a different faulty premise and conclusion.

Your response is not a coherent sentence.

[Sdel]

@BrownDerby

Interesting that some are rotating back to SS. LK said herself in past, closed threads that the CPS visit would be critical to her case, even the most critical aspect of her case.

It was also interesting that the prosecution intended to call George Morris as a witness. Does anyone wonder what implications the prosecution was going to be making there?

hint I doubt he was there to comment on “bullying”.

[hut-ho78]

@Knights_Mom

@hut-ho78

cordings may still be considered illegal and not acceptable for a criminal complaint but not a crime because there was no criminal intent per the understanding of the individual. I don’t know how the law has interpreted this for wiretapping.

No understanding of the individual? THAT is hilarious!

Law doesn’t work like that. Never did. Never will.

Oh come on. From you? Yes, ignorance of the law is no excuse. However “actus rea” “mens rea.” Both must be proved or it isn’t a crime. You are the one who really brought that home for me.

That’s why I don’t trust “legal folk” on these threads. Agendas.

That’s why it is the practice of law.

[hut-ho78]

Thanks. I just edited it.