MB Civil Trial: JK/KK Contempt of Court?

[LilRanger]

@lazaret

that’s what I am trying to figure out, how exactly one would file such a challenge in a case that’s ostensibly settled. This is just the legal mechanics, like can the defendant request an emergency hearing on his status? I’m still digging to find out.

You might find correlations with the children’s code, as kids aren’t guilty of anything but are in custody, and they have hearings that need to take place timely.

In NM, if the adjudication doesn’t take place within 60 days from when the child came into custody, the case is dismissed. And the judges are reamed if they don’t hold timely permancy hearings. Our supreme court can be very strict in that way…

[eggbutt]

Well clearly the Krol requirements were tossed out the window!

[LilRanger]

or such longer period as the court determines to be necessary for the purpose, their opinion as to his mental condition.

That’s the problem, right there, the court has discretion without mandating input from experts. This probably needs to change to make the court state what they are relying on definitively is expert testimony, not their own feels.

[ekat]

@LilRanger

or such longer period as the court determines to be necessary for the purpose, their opinion as to his mental condition.

That’s the problem, right there, the court has discretion without mandating input from experts. This probably needs to change to make the court state what they are relying on definitively is expert testimony, not their own feels.

Oh, absolutely. And honestly, even this part needs some tightening up so that it’s not a fruitless application where a judge can just say nah, I don’t want to hear you.

“A committed person may make application for his discharge or release to the court by which he was committed, and the procedure to be followed upon such application shall be the same as that prescribed above in the case of an application by the commissioner.”

[CurrentlyHorseless]

@Angela_Freda

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I would caution people from doing anything wrt this process or the participants that might cause problems for MB, his legal team and his supporters.

I think it must be extremely common if not universal that the supporters of a Krol acquittee are disappointed and outraged when the person is committed rather than released. Judge Taylor will be anticipating the blowback when he made the decision. If he’s an impartial jurist, he can’t let the anticipated blowback influence him.

If you care about MB, I completely agree with @Angela_Freda, that you should think carefully before accusing a judge of bias, or of permitting himself to be influenced inappropriately.

It could backfire.

Well said, AngelaFreda.

[Angela_Freda]

@lazaret

I’m unwilling to think that this is the case, but rather I think there is significant pressure on the justice system right now as it relates to recidivism and I would expect a judge, in the case where there was gun violence, to err on the side of public safety unless there was an unanimous opinion on release

That’s an understandable position that is tarnished by the “you were faking” comments

[Knights_Mom]

I imagine if someone wanted to call off the dogs or try and keep the public silent to lessen opposition they would say something like “If you dare file anything it could go worse for MB”.

That speaks to either a very probable fear of punitive response OR in a more nefarious way as a warning/threat.

I guess it’s easier to see intent or motive for saying this if you consider the affiliations and leanings of the speaker.

[Virginia_Horse_Mom]

@Knights_Mom

I imagine if someone wanted to call off the dogs or try and keep the public silent to lessen opposition they would say something like “If you dare file anything it could go worse for MB”.

That speaks to either a very probable fear of punitive response OR in a more nefarious way as a warning/threat.

I guess it’s easier to see intent or motive for saying this if you consider the affiliations and leanings of the speaker.

This.

[lazaret]

They do, but it essentially brings you back to the same point. I meant challenge the legality of the situation as opposed to filing via the process, which isn’t being followed anyway.

[CurrentlyHorseless]

@Angela_Freda

What I’m flabbergasted about, beyond the treatment of MB, is the freedom Taylor and Shellehorn (1) seem to feel at speaking about an acquitted person like that.

If you were acquitted, ie not guilty, but incarcerated all that time, in those conditions, how well groomed would you look?

I’m seeing it through the eyes of someone who has rehabb’d animals, and seen the miraculous transformation that simple things like good food, care, and most importantly safety can have on restoration. Safety to sleep soundly to restore ones mental and physical self.

Frankly, I pity them, that their experience inside this system has denied them an ounce of compassion, empathy or basic understanding of the harm that they’ve been complicit in.

1- apparently they both made derogatory comments

Oh, please. Bilinkas would not have been doing his job if he had MB plead NGRI and then have him show up looking like he stepped off a photo shoot for GQ.

If Taylor had remarked prior to the NGRI verdict “So is the hair, the beard, and the rumpled yellow shirt intended to make you look insane?” , that would have been out of bounds and prejudicial.

But at the Krol hearing when the verdict in the criminal trial is in the past? Not so much.

[ekat]

@lazaret

They do, but it essentially brings you back to the same point. I meant challenge the legality of the situation as opposed to filing via the process, which isn’t being followed anyway.

Got it. I hope you find something interesting.

[lazaret]

I agree that this comment was surprising to me, but I suspect if he had looked the same as he had at trial that would have gone over equally well.

I have difficulty opining on what went on, at trial I had the benefit of being able to watch video of what actually happened. Here I only have a reporter’s quotes, and while I appreciate what she does, Nancy Jaffer is not the height of journalism.

[KurPlexed]

With the Florida season approaching has anyone heard of a benefit show or some type of fundraiser, for MB, that could be in the works or are people still hesitant to attach their names to this situation?

It would be so nice to see his friends and supporters coming together to raise some money.

Eta. Regardless of how things went, 6 months isn’t a death sentence and he will be needing funds now more than ever.

[Angela_Freda]

Cunning is a word I’d apply to both.

[CurrentlyHorseless]

@eggbutt

Very well stated! I your analogy to coyotes! My visual is hyenas taunting, nipping, harassing, snarling, fighting each other and finally going in for the kill as a pack.

I agree, Eggbutt. I’m very visual, and I like your visual of hyenas “taunting, nipping, harassing, snarling” and generally acting like an angry mob. Scratch that, acting like an angry pack of hyenas.

[Angela_Freda]

@CurrentlyHorseless

If he’s an impartial jurist

He’s proven he isn’t.

[CurrentlyHorseless]

@lazaret

@iridedressage

does he stay there three more months and then go to court and hope Taylor releases him?

Essentially yes; that’s what I am trying to figure out, how exactly one would file such a challenge in a case that’s ostensibly settled. This is just the legal mechanics, like can the defendant request an emergency hearing on his status? I’m still digging to find out.

I thought the procedure as it stands now already allows the acquittee to petition for an earlier review.

[CurrentlyHorseless]

@eggbutt

Hyenas - before someone rips me a new one for my hyena analogy, let me provide some info. Hyenas are highly intelligent animals generally led by alpha females. They are intensely family oriented and work together to achieve their goal, which is to reproduce and survive. They are considered an Apex predator due to their ability to plan and work together to kill their prey. They are remarkable animals in the wild. I am reminded of the Kanareks when I think of a hyena.

Just LOL that you thought it necessary to explain that you were thinking of the Kanarek family when you started talking about hyenas.

Who do you imagine would not have picked up on that?

[Knights_Mom]

@CurrentlyHorseless

Who do you imagine would not have picked up on that?

3D chess players maybe as they’re not especially bright.

[Angela_Freda]

@lazaret

I agree that this comment was surprising to me, but I suspect if he had looked the same as he had at trial that would have gone over equally well

Agreed, there is no winning in how MB presents himself.
Lay people making assumptions based on appearance is understandable.
A member of the process, aware of the circumstances especially extraordinarily isolating and deleterious to ones mental health such as during a pandemic? I find them unacceptable.