Because the previous acquittal has no bearing on the new jury. Who knows, maybe they’ll decide he didn’t cause her injuries. Maybe they’ll decide she was more negligent than him, and completely failed to mitigate her damages. Maybe they’ll also decide she owes him for damages inflicted upon him.
Or they could rule in her favor.
But Michael’s previous acquittal carries no weight in the civil suit.
I don’t follow her posting on SM, as I’m not “hate following” her, so maybe there’s an update I’ve missed.
From the chatter here about her SM posting, the last I saw was that she was not attending the Krol hearing.
Is there something more recent @cutter99?
@Knights_Mom and other legal peeps, are courts typically busy the friday before a holiday weekend? Is it likely we will see another filing tomorrow or maybe next week?
Yes. Right or wrong, FL has always been much more relaxed about Covid than the NE. However, most of us aren’t trying to argue that we’ll die if we get Covid……and those of us who are, are still taking as many precautions as possible, universally.
The jury in the criminal trial were finders of fact. To even get to consideration of the insanity issue, they had to first agree, unanimously, that the prosecutor established his case wrt LK beyond a reasonable doubt on all elements aside from intent. They found that “he shot her”.
I’ve asked you this before and don’t remember your answer: do you think the civil defense (MBs defense) will attempt to retry the factual issue of whether “he shot her” and claim he did not cause her injuries? The plaintiff only needs the lower standard of “by a preponderance of the evidence” in the civil trial.
I don’t.
Nope. The few cases on are normally done before lunch and from lunch on the courts empty as people clock out. By 3 it’s a ghost town with a skeleton crew of low totem pole workers. One judge stays as a just in case or if they live nearby they go home but are attached to their phone.
Thanks! Maybe then we won’t see anything new until next week or so.
You are SO not getting invited to Barisone’s Christmas Release party!!
Yep. I have stated many, many times that they absolutely are pleading self-defense.
That preponderance of the evidence works both ways. Michael has the same standard to prove his claims and his defenses. And that doesn’t even touch on what I have also mentioned many times - comparative negligence, and LK mitigating her losses and how that might play to the jury.
We’ve seen how well she performs on the stand. Maybe we will see how Michael does this time.
Edit to add: the jury in the criminal trial were the finders of fact IN THE CRIMINAL TRIAL. It doesn’t carry over. LK has to convince a new jury (5 out of 6 jurors, unanimous verdict not required) that Michael injured her. We’ll see if she’s managed to come up with a coherent story by the time it gets to court again. The downside is, all those other versions she’s already told are hanging out there, ready to impeach her. Again.
( Michael’s acquittal carries the same weight in this civil trial as OJ’s acquittal carried in his wrongful death suit. None.)
NGRI not guilty by reason of insanity. The deed was done but the person who did the deed was insane at the time, not criminally liable (in this instance due to delusion that LK and RG were dangerous). Sent to the state hospital for the those shown to be a danger to themselves or others for evaluation and held with recurring evaluations until deemed no longer a threat to self or others.
Not Guilty. Processes paperwork. Goes home.
Not Guilty but Insane. Sentenced for crime in regular jail but has mandated treatment.
MB - NGRI. He can still be held civilly liable even though he was insane at the time and may still be.
Maybe they will just have to pay each other’s medical bills for injuries incurred that day though he received his after he shot her twice while being subdued by RG, the hero of the day.
The courts are in transition now per the American bar association for depositions still held remotely or in person (I googled it) so it’s worth trying to save the travel and lodging for a distance deposition. Up to the judge.
The judge in the civil trial has already had to deal with untimely delays involving discovery from LK and her attorneys. She had to be compelled by the court to answer the first round of interrogatories and document production requests.
Might I also point out that in her first round interrogatories she directed SGF to get documents from her father and to pull them off the internet/social media themselves.
He also declined to freeze Michael and SGF’s sale of the property and some horses like LK petitioned the court to do. So far, he has not seemed overly amiable to the plaintiff.
I was hoping for a Halloween party. Where everyone comes in their favorite ninja costume.
OK. Sorry to sound like a lawyer here, but there’s a difference between “pleading self defense” and spending a lot of effort and resources trying to convince a jury of self defense so that he would not be liable for having shot her. I’m going to be surprised if they spend effort on self defense, given that Bilinkas couldn’t come up with enough evidence to get the self defense argument off the ground.
The OJ case was quite different. He was found straight NG, and with the lower standard (plus different jury) was found liable.
I had completely forgotten about the interrogatories that had to be compelled and where she answered questions by directing them to her dad. Not an optimal start from the plaintiff.
No need to apologize because you do not sound like a lawyer! There are most certainly no worries about the rest of us confusing you with a lawyer!
Post 156 of this very thread. LK talks about being at the Krol hearing.
I’ll be the Horse Treat/Fruit Ninja for the Party
She says “victims or my representatives” being at the Krol hearing. In another post of hers posted in the thread she specifically says that her parents will attend “in her stead”. Her parents live in NJ, she lives in Florida.
Interesting that she says that the Krol hearing was postponed at the request of Barisone’s lawyers.
Which once again proves she is not honest as the hearing was postponed as Judge Taylor is on vacation.
You have been told this repeatedly, yet still push LK’s lies. It hurts your credibility on this board when you do that you realize, right???
It hurts LK’s as well, how on earth is she going to make arrangements for anyone to be there when she obviously does not even know when it will be?
No apologies needed since that doesn’t really sound like an attorney try to defend their client.
Remember this discussion yesterday? Were you present for any evidentiary hearings? Do you have any idea what evidence may have been excluded? I sure don’t.
YES! My point exactly! Criminal Verdict bears no weight on Civil Trial! None whatsoever.
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