I am not trying to organize a complaint against a judge. The civil trial judge did the right thing and told the defense that Jonathan Kanarek sent in that inappropriate letter.
A scared father who is a lawyer knows better than to send a letter to the judge. Period.
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Honestly, it did sound like JK was scared. Scared he was going to have the judge rule for him to be in contempt and have to turn over incriminating evidence and expose just how much evidence was hidden during the trial of Michael Barisone.
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But still… this scared father is a lawyer and ever type of lawyer ever knows to not send a letter to the judge.
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You think he would also know better than to engage in plots to destroy other people…no lawyer required for that one….
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So, we seem to be in limbo for the contempts/compel, but what about that 5 day order from MCPO? Anything going on there? Would that be responded to any faster?
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If it is the same as a Not Guilty, then why did the spokesman for SafeSport say in May that the NGRI is “a new wrinkle” for SafeSport since it has not had that plea in a case since beginning in 2017?
Because people like that in those positions never say anything definitive until they speak to their legal department. He was covering his butt IMO.
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Here is a story about a patient murder at Greystone in 2019 in which Judge Steven Taylor presided. It was a NgGRI finding, too.
Gives a disturbing view of conditions there.
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Yes. It is. The prosecutor met the burden of proof beyond a reasonable doubt that MB committed the act that would ordinarily be a crime except the defense met the burden of proof by a preponderance of evidence that he was insane at the time.
MB is not guilty of a crime even though he committed a criminal act due to his insanity at the time.
The determination when to allow him to be released is based on his dangerousness to himself of others, whether or not he would commit another criminal act for which he may or may not be found criminally liable due to whether or not he is still found insane.
If one googles “NGRI recidivism” then one will find numerous articles about studies of NGRI recidivism.
I think in terms of speaking about mental illness or emotional conditions in relation to the legal system we must first acknowledge that there are differing levels of (searching for right word) not normal.
There is the MB degree of affected.
There is a Charlie Manson degree of affected.
There are other degrees of affected.
And while the same laws cover all the degrees of affected, clearly the actions taken and decisions made should not be identical.
Size matters.
(Please note I tried my best to use terms acceptable for these conditions)
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Bolding mine.
Without mens rea… no criminal act.
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You must just copy and paste that right?
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The definition of recidivism from Merriam Webster:
“a tendency to relapse into a previous condition or mode of behavior,
Especially criminal behavior.”
The word is commonly linked to criminal behavior but it has a broader meaning. It is used to describe people returning to drug and alcohol use, for example.
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Nah I get off on repeating myself LOL
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Agree. He committed the act that is defined as a crime in New Jersey statutes though it was not a crime. “The act that would ordinarily be a crime” except he was insane at the time.
He can’t relapse back into criminal acts because technically, due to mens rea there WERE NO criminal acts ~
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So the patient who killed his Greystone roommate and was found NGRI is the same? Without mens rea … no criminal act?
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He can relapse into other behaviors (depression and delusion) and it would meet the word definition. In the NYTimes articles, recidivism was used to describe patients who were released but then had to be placed in custody again.
Moreover I would assume that MB’s legal team is taking things in a logical order. There is no point starting to appeal the SS temporary suspension until he is released and ready to be involved with horses again, and no point in SS worrying about the suspension until then either. So SS as rightly noted is going to deflect journalists questions until its time to make a decision. And then they will proceed with the same regard for privacy they apply to their proceedings in general. In other words, for now it’s going to be no comment.
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Might just as well in response to the posters who keep repeating the same thing over and over and over and over and over again.
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