To take it back to the thread topic, let’s look at what SGF had to say about RG in their request to compel Lauren to get on up to NJ for her deposition:
WRT the charges regarding RG, the jury determined that the evidence overall was not sufficient to meet the standard of beyond a reasonable doubt. I believe the testimony of both LK and RG but would have voted the same way as the jury.
WRT the charges regarding LK, the jury determined the overall evidence did meet the stand of beyond a reasonable doubt that he shot her, hence the verdict was not Not Guilty. Given the finding of insanity, he was found NGRI. That’s why the distinction between NG and NGRI is important.
The jury in the criminal case determined that be shot her “beyond a reasonable doubt”. If the defense is going to retry the issue of whether he shot her, for the civil case, the plaintiff would only need to meet the standard of “by a preponderance of the evidence”.
I’d be surprised if Barisone’s lawyers are going to try to claim he acted in self defense.
There’s no jury for a deposition. Depositions can actually be quite different than your experience in court, depending - there’s a court reporter but there’s no judge to mediate and pass judgements. You can ask any question, another party present can object, but the deposition continues until all parties with the right to depose are satisfied. The purpose is to get to the information that a witness knows and while the federal rules of evidence apply, you must answer - your attorney can advise you not to answer only to protect a privilege, or enforce a court order.
I’m guessing their play will be to just file to limit or terminate the deposition basically as soon as it starts, hence why they don’t want her to fly there to do it. You can file to limit a deposition if you believe it is unduly adversarial, embarrassing, annoying, or oppressive. Then they get to wait out the court decision on it and get a few more months. However, Courts generally don’t love this tactic as it wastes everybody’s time, deposition is a legal right and you can’t just claim to be annoyed to get out of it.
Re bolded. You made the assertion that “It’s quite clear and apparent that the evidence points to MB acting in self defense …” in this thread. There is no such evidence. Bilinkas couldn’t offer it and you can’t offer it.
Thank you. Don’t take the bait (here). I happen to completely agree with you and EB. I think the videos and MB, had he the memory, would have confirmed it. Which is why the cameras were “shut off”. I call giant load of horse manure on that
Edit for misspelling of “shut”. Although alternate word worked too
I suspect the findings in the civil trial so far will be more than enough to prove all sorts of wonderful things! It seems there are just a handful of folks still resisting the obvious.
Why are the Kanareks dragging their feet now? Isn’t the civil trial exactly what they wanted with their bombshell tapes? Looking back, it all seems to have begun falling apart for the Kanareks when Michael & his Team rejected the plea deal. It’s only gone downhill from there IMO.
Back to the Krol hearing, unless there is significant evidence Michael is a danger to himself and others, he should be released within 48 hours of the presentation of findings. What a celebration that will be!
Personally, I think his welcome home party should be covered by media. Perhaps an art sale of his art to raise funds for his upcoming Civil case triumph.
I’d prefer him have a private decompress and have a planned celebration at one of his favorite show venues if he’s inclined. Maybe his friends could plan a tribute/demo of riders to participate.
My understanding is that due to the delay post-trial in getting him a slot, they are delaying the hearing to ensure that all the parties that are legally permitted to weigh in on this have had sufficient time within the rehabilitative environment to evaluate and provide their opinion. Also I believe the judge is on vacation.
This is serious stuff and the outcome is important. I don’t see the delay as some kind of admission on the part of the attorneys that they “don’t like” the documents. Rather I would bet they are making sure they have more than the usual allocation of ducks in a row so they can make an overwhelming case for his release, and using this additional time to do so.
I have no idea where you have gotten this malarkey of an idea! Barisone’s attorneys have been working feverishly to hold the Krol hearing ASAP. Last obstacle was Taylor planning his vacation conveniently during the week of the hearing. I guess he had his priorities.
I heard Schellhorn is working on another significant case that he felt takes priority over Barisone being freed. It almost seems a bit punitive to me.
I believe I’ve posted multiple times that in August few court cases occur and Judges take vacation. Things perk back up after Labor Day. The other dead time is between Christmas and New Years.