If the phones were taken at the time of the shooting, MBs side may already be in possession of RGs communications and posts?
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I’m pretty sure LK can’t attend because she thinks MB actually murdered her! (-;
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They will likely depose him; maybe they already have done so. Even if he’s cooperative, the deposition is important as it is a legal record of the statements of an individual with knowledge of anything that might be material to the case at hand, which is why notice of the deposition date is served to all counsel (it’s one of the pages in the case jacket 2 file). It’s part of discovery, meaning it can be used to elicit additional lines of inquiry, it is not like testimony in a courtroom in that respect.
As to the contempt/ignoring the subpoena: even if the party would like to allege that she is not in possession of the requested documents/files, she can still be held in contempt for not correctly responding to the subpoena and requesting a hearing to determine whether she has the documents or not. Said party can still be penalized EVEN if the court finds that she does not possess the documents requested.
I find the whole evolution of this process interesting. An argument could be made (the attorneys refer to this) that the travel to NJ for the deposition is unduly burdensome. Of course, they’re correct that she’s the one that brought the suit so she should be prepared to endure all which is involved in pursuing her case.
It’s a pretty big deal to risk summary judgement. Wasn’t her civil attorney blowing a whole bunch of smoke on youtube about how this was the biggest miscarriage of justice since the OJ trial?
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Up until that time, yes. SGF is looking for post August 7th communications from JK and KK so far.
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Risky move, if they’re planning to use inconvenience and/or COVID as reasons not to produce themselves for other purposes as compelled by the court.
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They can’t use those excuses as they live in NJ.
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If Seeker was LK and not KK as she stated (therefore not our speculation), there would have been more insults, more YELLING and LOLing and paranoia…
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Thank you, it should make for some interesting developments.
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The history is that this judge has already had to deal with compelling discovery from LK. I wonder if/how that will factor into their decision.
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Yes! On CourtTV!
I have such a hard time wrapping my head around JK/KK not responding at all to the subpoenas for the reasons you stated so well. They are risking contempt when it would have been so much easier to respond.
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It was LKs decision to:
Not leave the farm
Engage in the drama at the farm
Commit the acts she did
File this case
File this case THERE
Not request a change of venue
Not respond or appear as needed
Move to Florida
Move to Florida near MBs house
So screw what she wants now. All of this was done by her hand.
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Why would she think she can give a victim impact statement if she isn’t a victim? He’s NG, and for whatever reasons he’s not guilty, he isn’t guilty. To me, that sounds like whatever happened to her isn’t his fault, so how can she give a “victim impact statement”? Plus, he has a right to privacy as a private citizen, doesn’t he, in this hearing? That’s why its closed? Its not any of her business what he does or what happens to him. As others pointed out, she was a witness in a criminal trial which is over, finding him not guilty.
She’s a witness, and her witness testimony apparently gave the jury reason to find him not guilty, and to find a level of temporary insanity enough to explain why he’s not guilty, all of which comes suspiciously close to accusing her of being responsible for what happened, as she hasn’t said anyone else pulled all those strings to bully him into losing his grip on what was going on.
Which to me leaves her in a risky position of being this close to being called onto the carpet for what created this mess, and as that happens, she and her family do seem to be falling apart at the seams. I don’t think she has a leg to stand on to justify her presence in his hearing. And apparently her bombshell tapes and videos are not the vindication she claimed they were. She couldn’t wait to reveal them! Now she and her father are going to jail for failing to produce them. Tsk tsk. Not everything she cracked herself up to be.
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LOL. Yea, hard to seem like an expert when you don’t know what HIPAA actually stands for.
Also, Lara has been quite transparent with the updates on the GFM and has stated that the hearings were pushed out - not by MB legal team’s doing. In what way would MB and legal team benefit by pushing hearings out? Because they don’t like the report findings? In what way would pushing the hearing out change the report? If they didn’t like report findings, it would be more advantageous to still have the hearing and fulfill whatever requirements needed at Anne Klein.
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Her posts on Twitter and YT both show a basic, fundamental misunderstanding of the purpose of this hearing.
It’s not to re-try the evidence (or lack thereof) in the criminal case. It’s not a sentencing, where an impact statement matters. It’s not to determine if she’s afraid of him now (and if she is, she should sell her house and move). It’s also not to re-determine his state of mind 3 years ago.
The sole purpose of this hearing now is to determine if he currently poses a risk to himself or the public. He can still have depression, paranoia, etc. The court, through AK’s reports, will decide if he still needs any level of supervision based on his current risks.
She can keep trying to pretend to herself that she has some influence or input in that, but she has no clue what his current state of mind is and her opinion is irrelevant.
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From what I understand, parents can make victim impact statements for child victims, not 40 something year olds, and the judge has already ruled that the hearing is closed.
Also, JK is not representing LK. He is irrelevant.
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The new season is being advertised but the Barisone episode has not been promoted yet.
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There are studies of this, and if you want to read a sad but fascinating book, get “Hidden Valley Road” by Robert Kolker.
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I’ve scrolled through this thread briefly so apologies if a lot of this was already covered.
If LK was the defendant, I would guess its 50/50 whether the Court would make her testify in person. So much testimony is done over zoom these days, and many attorneys (myself included) find it is easier to do document intensive depos over zoom vs in-person (no fumbling through papers, just click on the doc).
But she isn’t the defendant - she is the plaintiff. By initiating the lawsuit, she consented to jurisdiction. Its laughable to then balk at having to be deposed in person. It isn’t August 2020 anymore, where zoom was the default if you wanted a depo done. When you initiate a lawsuit in a state you don’t live in, you do so knowing that you are going to have to allocate time to travel to that state for proceedings.
However, I would say the likelihood of the non-party witnesses being held in contempt is very, very, very low. They are not being sued, and did not initiate the case, so judges are hesitant to punish non-party witnesses. My guess is the court compels the non-party witnesses to testify and produce documents in accordance with the subpoenas but dismissed the contempt motion. (And even if they were held in contempt, there is no chance a bench warrant would be issued. It would be a monetary sanction. Yes, some times jail time is an option, but you’re not getting jail time if you’re held in contempt for failing to answer a subpoena.)
Just to give better context to for where this case is in its proceedings, right now its in discovery (where documents are collected by both sides and depositions are taken from witnesses). Basically, this is the fact gathering stage where the parties are getting their evidence together.
After discovery, either party can move for summary judgment based on that evidence. That is a motion filed where LK can say the law is so clear the judge can say she wins (without going to trial) or MB could file the same type of motion saying the law is so clear, the judge can say LK loses and the case gets dismissed (without going to trial). Its entirely possible both sides will move for summary judgment, and neither wins, and then it goes to trial. Summary judgment can only be granted if the key facts are uncontested - meaning that the only dispute in the case is the application of the law - so my guess is this is not a case that will be resolved through a summary judgment motion.
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Thanks for that explanation. I was thinking ramifications were probably low for JK and KK, hence the noncompliance.
Do you think they are being noncompliant so that discovery is more difficult?
With RG being a non-party witness, I’d also expect him to be subpoenaed, especially since JK’s conversation with RG has been subpoenaed but he hasn’t been addressed with the court jackets.
ETA: and maybe I’m totally off as far as why RG wasn’t mentioned in the court docs attached to this thread, but maybe that’s why there has been radio silence regarding RG historically. Maybe he is being compliant and producing information for the court and the K’s aren’t happy with him. Just a speculation.
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