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

I don’t. See above. Psychiatric treatment is extremely intense, and difficult to navigate in an outpatient setting. It’s why some people commit themselves for intense, in-patient treatment. I had many less hours of therapy and treatment PER DAY when I was at my worst in college, and I found it utterly overwhelming. In some ways, in retrospect, I think I would have been better off in in-patient treatment. (Don’t tell that to my 19-year old self!

Edited to add: per day. I had maybe 8 hours per week. Not per day. Edited: that, not they. Thumbs!

1 Like

This is how I remember it also.

4 Likes

It’s hard. You have to piece together evidence to assert that claim. The aftermath of proving incomplete disclosure or misleading disclosure vary by judge/court type/jurisdiction.

5 Likes

I am also interested to know the answer to this. LK’s response to SGF seemed to be almost universally “not in my possession”. Including any records pertaining to employment, or any records we know have to exist. She must be REALLY BAD at adulting, or is, more likely, attempting to obstruct discovery. Would love the legal eagles to weigh in!

In my layman’s opinion… Generally, I don’t think you can prove that they didn’t hand it ALL over. In this case, there seems to be tangential evidence (from SM media postings, texts, and previously subpoenaed or disclosed materials) that other evidence might exist.

FWIW, I had to hand over thousands of pages of emails in discovery (I was a Hollywood assistant at the time), and we handed over EVERYTHING (redacted where appropriate). I imagine that in today’s electronic age, it might be near impossible to permanently delete all electronic records… be they emails, SM posts, texts, or audiovisual recordings. I would be interested in whether they could subpoena the providers if the plaintiff and their associates refuse.

1 Like

See above. We know she is not disclosing records that exist. What do you think about the other half of my question?

Edited, above, not below. Gah!

This may have been shared before.

Inpatient psychiatric facilities really do not have the resources to provide individualized intensive therapy and treatment. It’s much more group activities and participation. Inpatient settings are geared more so towards stabilizing the patient and then outpatient services, such as Partial Hospitalization Programs (PHP) and Intensive Outpatient Programs (IOP) act as individualized, intensive care. PHP programs are generally about 5 hours a day of intimate group and individualized therapy. An inpatient group maybe have 30 patients in a group where as PHP may have 5. You still see a psychiatric doctor each day in PHP and work with psychiatric nurses usually 5 days a week. In a PHP setting, you are considered partially hospitalized so they must account for you each day. For example, if a patient doesn’t show up for therapy and is not heard from, the hospital has the right to contact law enforcement on your behalf and do a wellness visit to account for you.

PHP and IOP programs really specialize in treating specific mental health illnesses and can tailor treatment for each individual patient. Inpatient settings are hard pressed to do this because of the sheer number of patients. PHP and IOP programs also operate largely with mental health nurses and an overseeing psychiatric doctor (or 2). Inpatient settings have an assortment of employees including technicians who are not necessarily specialized in training like a MH nurse or doctor would be. I think the quality of care in many outpatient programs exceeds the care of a lot of inpatient settings.

All of these reasons are why I believe Dr. Simring (spelling?) recommended MB go to a partial hospitalization or intensive outpatient program.

17 Likes

If you have any traces of things you can go after it from the providers. Otherwise, if it’s not in evidence it can’t be used. Since SGF pointed out that the information is already in possession, I doubt the judge will deny the order for MCPO to turn it over. LK will not be able to make any claims or present evidence at the time of trial unless she discloses it to MB/SGF first. If they try, it’ll be objected to and the jury will be instructed to dismiss the information as if it doesn’t exist. If MB makes a claim, they will not be able to counter it for the same reasons…

It really does seem like the plan is to walk in to trial and scream from the rafters “give me money because I was shot” and hope it sticks…

10 Likes

Thank you! Very illuminating. I have no in-patient experience myself, and for my peers who did go that route, they were all at Stanford. I imagine the standards of care and treatment options there are better than what Greystone has to offer.

2 Likes

I would think it would count against her. In a civil trial by Judge the judge might just rule against her. I’m not sure what would happen in a NJ courtroom where a jury is involved. Motion for summary judgment without it going to the jury maybe? Or the jury is directed to decide amount, the judgment being rendered by the Court?

2 Likes

No problem.

I think the personal liberties MB will gain in GS’s step down program will be huge for him. Each level offers more freedom for him and that can be liberating for people who have been inpatient. MB has had a tough ride going from jail to AK but I do think things are going to improve for him in the long run when he is transitioned to GS and an eventual outpatient program.

10 Likes

I’m really far behind but I see some talk of captcha (again lol) and I just saw something interesting yesterday about this. Here’s a fun fact:

When there is a box to click that says “I am not a robot” that actually sends a command to the site to check your browsing history :flushed:. Based on what the site finds on your browser, it makes a decision as to if you are a bot or not while also learning a lot about you.

8 Likes

I think after this, the judge will have a harder time justifying keeping him inpatient against the advice of medical providers.

3 Likes

I agree. And I also personally don’t think that outpatient sounded appropriate for the level of therapy he needs/needed. I think people without mental illness think that you take away the stressor and he would be fine. But this was a majorly traumatizing event and I am sure that he has a lot to contend with. PTSD seems obvious! Being in a structured step down program that allows him to gain some autonomy as he works through his trauma sounds appropriate!

6 Likes

Well, they apparently have not learned a lot about me! I always seem to get to pick out “bridges” (does an overpass count?) and buses… and the occasional traffic light. Never any animals of any kind… :roll_eyes:

4 Likes

The “select pictures” and the “I am not a robot” are 2 different captchas.

Thy pictures are used to help Google train their self driven cars and AI and the other is to check your browser to sell you products at a later date. :grinning:

I normally would have no interest in any of this but since it’s been discussed here it’s been catching my attn. Lol

3 Likes

It can be done with forensics, but hiring the people that are experts in that field is expensive and once you’ve hired them it takes time.

I have a feeling that Barisone and SGF’s attorneys have more than enough texts and other records from LK, JK and (whatever the mother’s initials are) to prove their point, so they really won’t have to do much more digging.

As far as the delay in Barisone’s psychiatric treatment and the Krol statutes, I’m sure that his attorneys are doing what they can. They strike me as attorneys that would leave no stone unturned regarding the Krol law.

10 Likes

Wow, I had no idea!

1 Like

In what way?

If they are a public entity you might be able to get administrative records through the NJ version of a FOIA request

2 Likes