No, I genuinely cannot fathom what you meant by the jury thinking that rendering a verdict of Not Guilty would be “too risky of a strategy” if they thought that the prosecutor had not made his case on all elements other than intent.
The jury could have given a verdict of Not Guilty on the counts related to LK if they thought the prosecutor had not made his case beyond a reasonable doubt. They did not give a verdict of Not Guilty. When the defense successfully established that he was legally insane, he was then found NGRI instead of Guilty, because, as Bilinkas stated, NGRI means that he is not criminally responsible for his conduct, that is, his having shot her.
“Finish The Bastard” - text sent to RG from LK, who also copied her father, as testified to and verified by LK and RG under oath.
“I’m going to f-ing kill her” quote attributed to a transcript purportedly created by Kirby Kanarek and referenced as a footnote in LK’s SS report. Quote has not been verified and transcripts have yet to be produced, unless that happened in court today.
You said “It’s entirely possible that they felt it too risky of a strategy”, with “they” referring to the jury, and “it” referring to rendering a verdict of Not Guilty.
So good luck with the idea complaining about the judge may help this situation. If the judge is doing his job, as I believe, by following legal guidelines as set by New Jersey State vs Krol 1975 and State vs Fields 1978 and requiring MB work the “levels” to avoid recidivism then complaints are just needless, useless effort. If the judge is vindictive and biased (as some here claim and what is he biased against, Olympic level horse trainers?) then the complaints will possibly make him even more so. Irritating or harassing the judge who holds MB’s immediate future and well-being in his power is just about the dumbest idea I’ve seen yet on this forum. Working through the levels I believe includes short outside releases with family. What about helping out there by coming up with a barn to visit or maybe something else he might enjoy and where he can feel safe? If he is up for that.
Hopefully, the mediator has led all parties to an acceptable settlement.
In that case I agree. The legal team did not have him plead simply Not Guilty by reason of self defense (without NGRI) because obviously it was much too risky. Without the NGRI plea there as well, the jury would have found him Guilty. I’ve pointed that out myself.
Of course, even with the NGRI plea, the jury still had the option of finding him Not Guilty if they thought the prosecutor had not established the elements of his case. As they did with the counts relating to RG.
You know, having a passing aquqntence with a BATNA I just don’t see how these two parties could mediate more than issues like, “how many witnesses are we going to put on?”