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

[iridedressage]

I think RG did that when MB told the farrier not to shoe the horses. RG texted LK, LK texted back with FTB and then RG made that motion.

[BigMama1]

@CurrentlyHorseless

It’s easy to breezily say that “there are a number of equally plausible scenarios”, but a lot harder to describe even one such scenario.

Not hard at all. Several of them have been described very well here over the past three years

[CurrentlyHorseless]

@Sparky

I’ll type slowly for you. It’s his private property, he can have as many guns as he wants on it. He went to the farmhouse fully expecting it to be unoccupied as no one bothered to notify him the grifters got a Special Dispensation to stay- cause, you know, they told the FM they fixed the problem so it was all good. It’s his house. He can check it when he needs to. After he arrived, the only version of events we have is that spun by two lying drug addicts.

What does typing slowly accomplish? I still see you post in its entirely when it’s posted. Are you instructing me to read slowly?

We have “the version of events” that constituted the case of the prosecutor for the state of New Jersey, which happens to coincide with the version of events testified to by LK and RG.

The prosecutor successfully made his case with respect to actus reus, the “guilty act”.

The defense had the opportunity to present other theoretical “versions of events” in order create a reasonable doubt, but did not succeed. That’s why they relied on the insanity defense.

[Knights_Mom]

@CurrentlyHorseless

The only reason he was not “declared guilty” tor having shot LK is because the defense successfully established that he was insane when he shot her.

You of course are assuming that. You do not know that. Nor does your assessment explain the straight NOT GUILTY in regard to RG.

Attempted murder, the charge, was not established in either of them. EVEN if one were to assume that MB did shoot LK it was the ATTEMPTED MURDER that was not established. In either LKs case or RGs case.

I SAID FROM THE VERY BEGINNING THE CHARGE SHOULD HAVE BEEN ASSAULT WITH A DEADLY WEAPON BUT SCHELLHORN DECIDED TO CHARGE ATTEMPTED MURDER.

THE VERDICT IS NOT HE SHOT HER BUT ITS OK BECAUSE HE WAS CUCKOO SO ITS A GET OUT OF JAIL FREE CARD.

THE VERDICT IS HE CANNOT BE FOUND GUILTY OF ATTEMPTED MURDER - THE CHARGE - BECAUSE HIS MENTAL CONDITION EXCLUDES HIS ABILITY TO INTEND OR ATTEMPT ANYTHING AT THAT TIME.

What is certainly telling is that on the gun charges he got a NG too and that sings tons as to how the jury felt.

I once more am willing to bet the civil jury will doubt MB shot LK at all or that if he did it was because he was either firing in self defense OR the gun discharged in a scuffle.

Plus, even if you thought he did shoot LK his being crazed at the time may excuse culpability as all the evidence points to LK driving him to it.

Either was you slice it, not good for team K.

[Sdel]

@Knights_Mom

It’s saying “Well if what you say is true and MB did bring the gun to the scene, why did he then only load a magazine with 2 bullets instead if a full one,”

This also doesn’t make sense if he brought the gun for protection as well. You might need more than 2-3 bullets to effectively stop an attacking dog or person, especially when there is more than one threat and you are not in routine shooting practice.

However, someone who is in the habit of talking about their guns, engages in target practice with motorcycle tires, and posts cryptic threatening messages on FB about only needing three bullets might think three was enough to FTB……

[BigMama1]

@CurrentlyHorseless

That’s a great example of everyone knowing who is “being talked about” without tagging or even using screen names or initials.

And yet here you are tagging someone, even though you complain when they do it to you.

How about a reinback and return to the topic of the case instead of the incessant nitpicking?

[avjudge]

@Sdel

posts cryptic threatening messages on FB about only needing three bullets

I was thinking about this the other day, and trying to remember when exactly she posted this - before or after the shooting, and if before then how long before? Does anybody remember, or have a screenshot?

[Graymaresrule]

@BigMama1

@CurrentlyHorseless

That’s a great example of everyone knowing who is “being talked about” without tagging or even using screen names or initials.

And yet here you are tagging someone, even though you complain when they do it to you.

How about a reinback and return to the topic of the case instead of the incessant nitpicking?

I think it’s CTJ time…

[CurrentlyHorseless]

@BigMama1

@CurrentlyHorseless

It’s easy to breezily say that “there are a number of equally plausible scenarios”, but a lot harder to describe even one such scenario.

Not hard at all. Several of them have been described very well here over the past three years

If that’s true, I would have thought that the brilliant defense lawyer would have presented one of them as an alternative theory of the shooting in order to create reasonable doubt regarding the criterion of actus reus.

He didn’t. He had to establish that it was not a crime by refuting mens rea.

If you’re personally convinced there was reasonable doubt as to whether he shot her, I don’t understand the adoration of Bilinkas. He did not succeed in convincing the jury that there was a reasonable doubt as to whether MB shot LK. He did establish reasonable doubt with respect to MB attempting to shoot RG.

I think Bilinkas provided an excellent defense by succeeding with the insanity plea. I don’t fault him for failing to establish reasonable doubt regarding the “guilty act” because I don’t think there was a plausible alternative theory for what happened. I don’t adore Bilinkas, but I thought he provided an excellent defense.

[lazaret]

There are pillars of proof in civil litigation. You have to prove that the person or corporation you are suing had a duty to you, that they knew of that duty and willfully disregarded it or otherwise violated it, that you suffered harm as a result of that act, and that you suffered damages that are recompensable.

A jury can find that someone is at fault but if you’re unemployed, enjoying the same quality of life that you had prior, and are unwilling to prove pain and suffering by exposing your medical records the jury has nothing to award to you to make you whole. Thus civil cases are not one sided, it’s not just “this guy shot me and therefore owes me money” that the jury is deciding.

[Dragonfly90]

@Knights_Mom

What is certainly telling is that on the gun charges he got a NG too and that sings tons as to how the jury felt.

Barisone was found not guilty of aggravated assault and weapons charges against Goodwin, and not guilty by reason of insanity for a weapon charge against Kanarek.
Only NG on the weapon charges against Goodwin.
NG by reason of insanity for weapon charges against Kanarek. There is a difference and I agree does sing tons to how the Jury felt.

[Knights_Mom]

@Dragonfly90

@Knights_Mom

What is certainly telling is that on the gun charges he got a NG too and that sings tons as to how the jury felt.

Barisone was found not guilty of aggravated assault and weapons charges against Goodwin, and not guilty by reason of insanity for a weapon charge against Kanarek.
Only NG on the weapon charges against Goodwin.
NG by reason of insanity for weapon charges against Kanarek. There is a difference and I agree does sing tons to how the Jury felt.

Ok. Read what I wrote again but this time for comprehension.

Your comment, if true, actually further proves my point. So there’s that.

[ekat]

@iridedressage

I think RG did that when MB told the farrier not to shoe the horses. RG texted LK, LK texted back with FTB and then RG made that motion.

So, it was the day before, when the inspectors were there, per Mr Bilinkas. RG denied it. It seems Mr Bilinkas has something to back up the assertion, that we may learn more about going forward.

It’s at about 57 minutes into this testimony.

NJ v. Michael Barisone Trial Day 5-Cont'd Cross - Robert Goodwin - Lauren...

The farrier incident was the morning of.

[CurrentlyHorseless]

@BigMama1

@CurrentlyHorseless

That’s a great example of everyone knowing who is “being talked about” without tagging or even using screen names or initials.

And yet here you are tagging someone, even though you complain when they do it to you.

How about a reinback and return to the topic of the case instead of the incessant nitpicking?

No. I’m not complaining that she tags me.

I’m pointing out the hypocrisy of Eggbutt claiming she is ignoring me and wants me not to post, then proceeding to not only respond to my posts but also tag me in her other posts in which she commands others to ignore me!

[iridedressage]

Thank you! I knew it was somebody who wasn’t there everyday!

[omare]

My understanding is the limitations in applying collateral estoppel so expressed is that is true only if the burden of proof is less in the prior trial. That is why collateral estoppel to my understanding can be applied based on legal findings in a criminal case to a civil action but civil action legal findings could not be applied in a criminal case (because the burden of proof is less in the civil action compared to a criminal action), but again I am always ready to be corrected.

[Sparky]

Oh no, many of us encourage you to keep posting, please don’t stop. The beat downs you receive on your faulty statements are, at least for me, a masterclass on law. Carry on!

[Warmblood1]

@lazaret

A jury can find that someone is at fault but if you’re unemployed, enjoying the same quality of life that you had prior, and are unwilling to prove pain and suffering by exposing your medical records the jury has nothing to award to you to make you whole. Thus civil cases are not one sided, it’s not just “this guy shot me and therefore owes me money” that the jury is deciding.

My guess is LK is going to claim loss of income bc MB ruined her chances of being an Olympic (or high caliber) rider and the income she could have earned from that. Not that she had a job currently earning income but potential job.

Does anyone remember what long term issue the surgeon testified LK might have? Were there long term issues?

[SillyHorse]

@eggbutt

I doubt it is approved for dressage!

That’s because bit guards are illegal.

[Knights_Mom]

@Warmblood1

@lazaret

A jury can find that someone is at fault but if you’re unemployed, enjoying the same quality of life that you had prior, and are unwilling to prove pain and suffering by exposing your medical records the jury has nothing to award to you to make you whole. Thus civil cases are not one sided, it’s not just “this guy shot me and therefore owes me money” that the jury is deciding.

My guess is LK is going to claim loss of income bc MB ruined her chances of being an Olympic (or high caliber) rider and the income she could have earned from that. Not that she had a job currently earning income but potential job.

Does anyone remember what long term issue the surgeon testified LK might have? Were there long term issues?

Had LK just shut her trap after the shooting she may have been able to disprove any prior assertions of her behavior by showing good behavior. But that was beyond her scope.

Instead what she did is quadruple down causing the world to not only feel little or no empathy for her but to in fact have empathy for MB instead.

But had she behaved, had she worked hard to overcome, get better, get a legit sponsor, compete actively with very high $$$ top FEI horses she may have achieved her dream in 20 years.

But she didn’t do that. It wasn’t MB who killed her dream, it was LK herself. And this is easily proven.