MB Civil Trial: JK/KK Contempt of Court?

[DownYonder]

@CurrentlyHorseless

But why subpoena COTH to confirm the identities of the two people who revealed their identities and not the one person who hasn’t?

How do you know he has not subpoenaed them? Perhaps they do not have an email account associated with IM’s user name that definitely ties that user account to JK (which is pretty much what they said some time back on another thread). So they are relying on IP addresses to make the correlation - and I assume obtaining that info probably also requires subpoenas to various service providers and thus can take a bit of time to track - and, esp. if he is using a VPN or is signing on from different locations such as Starbucks or the country club, etc.

Shifty people generally employ shifty tactics to escape scrutiny.

[Virginia_Horse_Mom]

@Seeker1 has logged on recently…
13 minutes ago. I would imagine she knows whether or not the information Silver laid out in his filing is correct or incorrect, and whether or not her husband is the person behind the I-M account. She certainly can speak up and say Silver is all wrong about this at anytime, if she chooses.

So far… she seems to be monitoring the discussion but not making any statements of denial.

[erinmeri]

@Ghazzu

Less so in a boarding and training facility, though, wouldn’t you agree?

This response is perfection. I almost spit out my coffee!

[SillyHorse]

@Bogey2

I can claim I am anyone I want here…still need to confirm for court reasons

Correct. I am Sparticus!

[Knights_Mom]

No! I’m Spartacus!!

[Angela_Freda]

@Sdel

The way she testified about treats, she was obviously concerned that LK would feed the horse something that would test positive on a drug screen. AKA, harming MHG’s career.

Makes sense, at that level they are tested, and if someone made an anonymous report, would it be possible to insure a horse was tested?

[Angela_Freda]

@CurrentlyHorseless

But why subpoena COTH to confirm the identities of the two people who revealed their identities and not the one person who hasn’t?

Maybe the word you’re looking for is “yet”?
Or maybe the info hasn’t yet been confirmed but it’s being sought?

[Horse_Daft]

@Virginia_Horse_Mom

So far… she seems to be monitoring the discussion but not making any statements of denial.

Maybe she’s learned her lesson (finally)

[CurrentlyHorseless]

@IPEsq

@CurrentlyHorseless

@Knights_Mom

@CurrentlyHorseless

But he doesn’t have to prove he didn’t shoot her, correct? The burden is on the prosecutor to prove he shot her.

If I were a Barisone supporter who thought the evidence he shot her was weak, I’d be filled with rage at Bilinkas for advising him to plead NGRI. If he’d pled straight NG, he’d be home in Florida right now.

Can’t prove a negative. And I’ve already explained the rest as many others have as well. The only difficulty here is your refusal to listen.

Can’t prove a negative? The defendant doesn’t have to! Do you remember “innocent until proven guilty”? The court starts with the negative, the presumption of innocence, and it is the burden of the prosecutor to establish all the elements of his case. Which he did. If MB had plead straight Not Guilty, the jury would have found him Guilty.

However, having plead NGRI, the jury had to consider whether he was insane at the time if the shooting, in order to choose between Guilty and NGRI.

Can this nonsense please stop? According to the jury instructions, the jury had the option to render a NG verdict for LK, as it did for RG. Despite the plea, that was an option, and one MB’s counsel asked for in his closing before getting into arguments to support NGRI. NGRI affirmative defense is not an admission. NG is always an option in a criminal trial if the jury feels the prosecution has not met its burden.

You’re right that the jury had the option to find NG for the charges relating to LK as they did for RG if they felt that the prosecution had not met its burden of proof that he committed the physical act of shooting her.

The jury did not choose the NG verdict, indicating that they felt the prosecution had met its burden on all aspects other than intent.

I agree that pleading NGRI is not an admission. However, you would not plead NGRI unless you were afraid that you would not be successful with a straight Not Guilty plea.

[eggbutt]

OMG. How many posts have you made about this? We ALL KNOW what you think. Are you playing to a certain audience? You must be because everyone else moved on long ago!

[Virginia_Horse_Mom]

I’m just going to add this to the thread again right now - for levity.

[Mondo]

Legal brains: All of the foregoing (long read this morning!) leads me to wonder, since MB was found NGRI, can any of the alleged video evidence, should it still exist and/or be made available, be used to vacate the verdict or sentencing and find him just straight up NG? This assumes that any video evidence would exonerate MB.

[3PonyFarm]

I wonder if MB will be able to watch the program tonight.

[Virginia_Horse_Mom]

I don’t think he’s even been transferred to Greystone yet, so it’s doubtful.

[trubandloki]

On the topic of this thread - So now is everything a wait and see what the judge says on the 23rd? Or can anything else be filed?

[ekat]

@trubandloki

On the topic of this thread - So now is everything a wait and see what the judge says on the 23rd? Or can anything else be filed?

There’s going to be oral arguments. All of the pleadings state that if a timely response is filed, oral arguments are requested.

We know the court is scheduling them on the Motion to Compel the in person deposition, by the entry on the docket.

I imagine it will all be scheduled at the same time. And I wish I could be a fly on the wall!

[trubandloki]

@ekat

@trubandloki

On the topic of this thread - So now is everything a wait and see what the judge says on the 23rd? Or can anything else be filed?

There’s going to be oral arguments. All of the pleadings state that if a timely response is filed, oral arguments are requested.

We know the court is scheduling them on the Motion to Compel the in person deposition, by the entry on the docket.

I imagine it will all be scheduled at the same time. And I wish I could be a fly on the wall!

Thank you for sharing all of your knowledge!
No chance of them being available online?

[BigMama1]

@CurrentlyHorseless

You’re right that the jury had the option to find NG for the charges relating to LK as they did for RG if they felt that the prosecution had not met its burden of proof that he committed the physical act of shooting her.

The jury did not choose the NG verdict, indicating that they felt the prosecution had met its burden on all aspects other than intent.

I agree that pleading NGRI is not an admission. However, you would not plead NGRI unless you were afraid that you would not be successful with a straight Not Guilty plea

Groundhog Day

[ekat]

@trubandloki

Thank you for sharing all of your knowledge!
No chance of them being available online?

You’re welcome.

That would be spectacular, for me anyway. I want to hear Mr Silver speak. We’ve seen Mr Deininger at work, and we’ve seen Bruce on TV after the verdict. It’s Mr Silver’s turn!

[ekat]

@Mondo

All of the foregoing (long read this morning!) leads me to wonder, since MB was found NGRI, can any of the alleged video evidence, should it still exist and/or be made available, be used to vacate the verdict or sentencing and find him just straight up NG? This assumes that any video evidence would exonerate MB.

I have actually wondered a bit about this myself. My gut says no, because you can’t appeal an acquittal. But I really don’t know what the actual answer is and my very brief search this morning showed me more results related to Guilty But Insane, which is not an option on NJ nor the verdict in this case.

Hopefully someone else will chime in.