The shooting was not a criminal act, due to the insanity and lack of mens rea, but it was determined that it was not self defense or accidental.
Barisone escapes criminal responsibility due to the insanity. It is not clear whether he escapes sanctions by SS due to the insanity. That is why he is listed as under an interim suspension— SS has not made a decision on what sanctions, if any, they will impose.
To be found guilty, the jury would need to find both actus reus and mens rea. They found actus reus (guilty act) but not mens rea (guilty mind). Therefore he was not guilty of attempted murder, even though it was found that he committed the guilty act by shooting her.
In my opinion, that was a very biased call by Taylor. A plot to destroy someone and harm their physical well being is most certainly relevant and should have been allowed to be presented to the jury to be found as evidence of self defense.
Especially since it was proven that the only “evidence” that put Michael as the shooter was two impeached lying drug addicts who couldn’t even put forth the same story about what happened.
That’s what I never understood about the denial of the self defense evidence and defense … there was evidence that suggested that MB acted in self defense.
I just don’t get it
I also think they could have heard about the plans for the bug sweepers to come, and removed the bugs accordingly. Or whatever devices they were using.
It had always seemed to me that the whole point of calling the fire Marshall was about getting MB and the others out of the barn. Here you have someone who habitually enters the barn at all hours of the night to mess with and disturb the horses, place recording devices, rifle through his office, and do who knows what else….and suddenly she can’t do any of that because the barn is now occupied. At least one of the 911 calls was about her trying to access the barn late at night while they were staying there.
Judge Taylor wanted to keep the trial on what affected MB prior to the shooting.
Then Dr Simring used the ones MB had not seen prior to the shooting to diagnose his status at the time of the shooting. Schellhorn politely pointed that out.
Schellhorn messed up. He only introduced one as evidence then tried to bring up the others. Dr Simring told MB to give him the top 100 that bothered him and MB gave him at least one and a reference to others not accepted as evidence that were generated after the event.
Notice I am not claiming bias or other nefarious motives. It was an error on Schellhorn’s part though. I think it was a significant one but maybe not.