MB CIVIL SUIT UPDATE #10 K’s Request to Adjourn (delay) DENIED 11/01/22

He states he doesn’t know what type of gun, stating it’s under MB.
:thinking:

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Re bold, when was that?

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During testimony.

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No. Now I’m going to download the book :smiley:

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That is what I was wondering. I meant to add that as one of my possible reasons - “because they were not proven to be made legally.”

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Well, he would know, first hand, how loud her gun is

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I just think the whole “not touching the gun” thing was weird and the whole it’s still in his hand underneath him is suspect.

So, my GF is shot, and I’ve been shot at. I’ve rendered the shooter unconscious (almost immediately) and he somehow managed to keep a hold of the gun, underneath his body. So, I’m just going to take my chances by sitting on an unconscious man? And somehow the arm that was broken….after that man was starting to regain consciousness….but was found by the police very shortly afterwards with his broken arm pinned underneath him…

And how do you hold a phone (in order to put it down) when you are restraining someone? It is clear from the 911 call that up until that point, MB was unconscious…

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But does it do that when put in a helmet in a solid wooden locker? Give it a try and see if it can clearly record a conversation in another room down the hall with the door closed and get back to us.

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Seems to me that out in the aisleway where the bench is would be super noisy too, so anything recorded there would be inaudible or nearly.

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I’ll see if I can dig out and find out. I have an IKEA dresser in my tack room, its not solid wood but its a start. I’ll let you know if I find it lol

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Illegal recordings are inadmissible.

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Can you explain the process of proving they’re illegal/inadmissible?
I’m curious who determines that, based on what…

By law. The Prosecutor wouldn’t admit them or use them because he legally cannot as NJ is a one party state. In NJ one of the parties being recorded must be aware that the recording is happening. As none were it’s automatically illegal and so, inadmissible. The prosecutor must uphold the law.

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New Jersey’s law re: recorded conversations.

You can’t record a conversation in which you are not a party when there is a reasonable expectation of privacy.

Michael’s office = private

Plus the entire farm is privately owned and not open to the public. It’s not a riding school or livery. So while some may make an argument that setting up a recording device (RECORDING means NOT TRANSMITTING - I am yelling for those in the back of the room) under a bench, in a hallway, isn’t illegal. Unless the device is focused on YOUR locker or YOUR horse’s stall, I will hazard the guess that whatever it picks up is illegally recorded.

IANAL - just a bitch.

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In the civil trial, would Mr. D and Mr. B bring in some sort of investigative expert or forensic person to go over the police investigation to illustrate how inadequate it was and it left so many questions and other possibilities?

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So if she said she was a party to the conversation recorded, someone would review the recording to ID that she in fact was?

So if I own a business I run by myself in NJ, recording would be legal because I’m always present for anything captured?

They could.

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I hope they do!

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In my experience, local rules dictate whether a type of case is sequestered or not. Most civil cases are open unless requested by the litigants, I’d assume NJ is likely similar, but you’d have to check. In civil court, there are often people just hanging out in the pews waiting for their case to be called, or journalists waiting to hear the proceedings…

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Yes on 1
Reasonably sure Yes on 2

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