IM said he spoke to insiders on both sides and would characterize his view of the Kanareks position on several occasions. For example, I think he pointed out that there was no reason the Kanareks would care whether MB was incarcerated in a state prison or held in a psychiatric facility, as long he he couldn’t hurt anyone.
You’re the one who keeps saying things like “the Kanareks thought it was a slam dunk that MB would be found guilty and sentenced to eighty years”.
How would you know that Eggbutt? Are you a bosom buddy of Kirby Kanarek? A confidante of JK? How do you know their beliefs? Do you even claim to talk with them, as IM did?
I think it’s probably important to note that some people seem to believe that the claim of the plaintiff and the counterclaim by the defendant are two separately decided actions. Same goes for crossclaims among the triangle of involved parties here.
They are not separate actions. A counterclaim is, and must be, part of the response to the initial suit and can be tried at the same time.
Thus a very possible outcome is that BOTH parties have damages to the other party, or in this case, since there are multiple defendants and thus multiple counterclaimants, one party can be more responsible in totality to the other two parties than individually any of them are to the plaintiff, even if any one of them is found liable for something.
I have no doubt that the attorneys involved have explained this to their client(s).
You must have missed it when @ekat clarified this above. I wrote this wrong also.
Lauren Kanarek does not have a contempt charge pending yet. Her father Jonathan Kanarek and her mother Kirby Kanarek are the two people with pending contempt charges.
Lauren at this point is refusing to sit for her deposition.
Are you sure you do not want those loaner reading glasses?
I am wearing my reading glasses so I could see that you typed LK…
Glad you understand that it is Kirby Kanarek who has pending contempt charges.
Do you have any theories on why Jonathan Kanarek, who is a lawyer would allow himself and his wife to end up with pending contempt charges when there were so many other options other than ignoring the subpoena requesting information in the lawsuit that their daughter, Lauren filed?
Technically she is not refusing, she is refusing to appear in person, which would be a legitimate claim if she were not the plaintiff.
Since she is the source of the action, it’s probably not going to fly. When you bring suit it’s on you to show up, and the Court can technically force anyone to produce themselves for deposition.
While there is precedent for Zoom depositions, the more of a PITA you make yourself the less amused the Court is likely to be.
Does this really happen? I am a competitive person, but it is my observation that prosecutors kind of get what they get with regards to cases. He presented the best case he could given the situation at hand, the witnesses he had, and the lack of forensics (who knows which side forensics would have conferred and advantage to!). Isn’t it - to some degree - a “you win some, you lose some” situation when it comes to the DA’s office once the decision is made to prosecute? Maybe I am naive… but certainly they have less choice in the matter of which cases they take on and their odds of winning/losing than private defense attorneys (not talking public defenders).
Can MB’s counter stand by alone if LK refuses to comply and the court wants to dismiss her complaint? Or alternatively, if her complaint get’s dismissed, has the counter suit preserved the statue of limitations in order for Barisone to refile the case as plaintiff instead of defendant?