MB Civil Trial: JK/KK Contempt of Court?

[DownYonder]

@erinmeri

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).

IIRC, it was posted on one of the other threads that another prosecutor was originally slated to handle the criminal case. But with all the delays (Covid related and otherwise), that person retired and I guess Schellhorn drew the short straw.

And yes, I guess he did the best he could considering how unbelievable and unlikable his star witnesses were, coupled with an astonishing dearth of proper forensics.

And despite losing that landmark case, he got a nice big promotion shortly thereafter.

[erinmeri]

@DownYonder

I guess Schellhorn drew the short straw.

This was my thinking exactly!

[eggbutt]

That is a very interesting thought. I’ve also wondered if he can refile against the Police Department, not for rights violations, but blatant incompetence?

[hut-ho78]

@eggbutt

It is my understanding, based on absolutely nothing, that Michael Barisone has received zero medications while at AK unless they are slipping something into his much, much better than jail food. That said, simply the burden of the trial, the outstanding no guilty verdict, being released from a small cell into a place of light and freedom to move about, including being able to shower, has probably worked miracles for Michael’s demeanor. Add to that the significant support he has received from so many well wishers in the form of letters, cards, in person visits from loved ones, regular street clothes and he must be a completely different person from the man we saw at the criminal trial.

How would anyone know if he is being treated? HIPAA.

[eggbutt]

@eggbutt

It is my understanding, based on absolutely nothing,

Reading comprension…@hut-ho78

[DownYonder]

@Sdel

@lazaret

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.

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?

Maybe LK is angling to get the suit dismissed without having to withdraw it herself. She won’t have to suffer the humiliation of losing again in court, nor of having to “buckle under” by dropping her suit.

And she can then spout off everywhere about how she was wronged again…

[hut-ho78]

@eggbutt

That is a very interesting thought. I’ve also wondered if he can refile against the Police Department, not for rights violations, but blatant incompetence?

Incompetence? Not hardly. Everyone lived.

[eggbutt]

@hut-ho78

@eggbutt

That is a very interesting thought. I’ve also wondered if he can refile against the Police Department, not for rights violations, but blatant incompetence?

Incompetence? Not hardly. Everyone lived.

??? What???

Incompetence doesn’t mean someone died! Holy smoke!!!

[hut-ho78]

@eggbutt

@hut-ho78

@eggbutt

That is a very interesting thought. I’ve also wondered if he can refile against the Police Department, not for rights violations, but blatant incompetence?

Incompetence? Not hardly. Everyone lived.

??? What???

Incompetence doesn’t mean someone died! Holy smoke!!!

It was an active shooter situation.

[Warmblood1]

@hut-ho78

@eggbutt

That is a very interesting thought. I’ve also wondered if he can refile against the Police Department, not for rights violations, but blatant incompetence?

Incompetence? Not hardly. Everyone lived.

What a low bar. Hopefully you are never involved in a crime that requires evidence collection, crime scene analysis or police competency beyond “you living.”

[eggbutt]

@hut-ho78

It was an active shooter situation.

Was the failure to do their jobs before and after the shooting appropriate? Nope, not by a long shot! Disgraceful lack of forensic tests and methods of securing a crime scene. Disgusting response to a citizen arriving at the PD to speak with a higher-up. Responding cops before the shooting doing nothing but laugh and cajole with LK & RG. Yeah, all of that was appropriate behavior by LEOs!

[KurPlexed]

New bear picture and update posted.

[PDDT]

Now that sounds like a lawyer

[Sdel]

@CurrentlyHorseless

@eggbutt

@ekat

@hut-ho78

Even you? Doxxing? Seriously?

HUH? I am not doxxing anything or anyone. I’m trying to understand CH’s response. Eggbutt said:

@eggbutt

the Kanareks never thought they would be in this position.

CH responded with:

@CurrentlyHorseless

That’s not what I remember being expressed by IM.

I don’t understand how that is an appropriate response to what Eggbutt said, and was asking for clarification.

Sorry I didn’t make myself clear.

True, I mentioned Kanareks not IM. CH made an interesting leap, didn’t she?

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?

You know, the ability to use text evidence and background knowledge to make an inference is a very critical reading comprehension skill. I think most of us have learned skill pretty well.

[erinmeri]

@FitzE

Grrrl, respect your own labour. That was brilliantly and concisely laid out but not a snowball’s chance you need to be playing paralegal to someone unwilling or unable to google this on their own.

Though he’s a rightwing nutter know, I often think of that Van Morrison song in which he croons:

Always telling people things they’re too lazy to know
It can make you crazy, yeah it can drive you insane
Tell me why must I always explain

THIS! Thanks to ALL the legal eagles, but most especially to our dear @ekat, who has the patience of Job for replying to utter nonsense from people who purport to want to be educated but ignore said education… and yet, she persists.

[trubandloki]

@erinmeri

@FitzE

Grrrl, respect your own labour. That was brilliantly and concisely laid out but not a snowball’s chance you need to be playing paralegal to someone unwilling or unable to google this on their own.

Though he’s a rightwing nutter know, I often think of that Van Morrison song in which he croons:

Always telling people things they’re too lazy to know
It can make you crazy, yeah it can drive you insane
Tell me why must I always explain

THIS! Thanks to ALL the legal eagles, but most especially to our dear @ekat, who has the patience of Job for replying to utter nonsense from people who purport to want to be educated but ignore said education… and yet, she persists.

She (do we know @ekat is a she) has been amazing with how patiently she explains things. I would have given up ages ago, not because the general people are not learning but because some people are refusing to bother to read what she takes the time to write out for us.

[hut-ho78]

Low bar? I’ll take living thank you. https://www.npr.org/2022/06/06/1102668326/uvalde-police-response-school-shootings

[erinmeri]

@trubandloki

She (do we know @ekat is a she) has been amazing with how patiently she explains things. I would have given up ages ago, not because the general people are not learning but because some people are refusing to bother to read what she takes the time to write out for us.

I do not - good point. They have the patience of Job. And they are amazing at patiently explaining to those who do not listen, ad nauseam. I reserve the right to refer to them as “our dear @ekat”… because as you point out, I would have given up too!

[Sdel]

@Warmblood1

@hut-ho78

@eggbutt

That is a very interesting thought. I’ve also wondered if he can refile against the Police Department, not for rights violations, but blatant incompetence?

Incompetence? Not hardly. Everyone lived.

What a low bar. Hopefully you are never involved in a crime that requires evidence collection, crime scene analysis or police competency beyond “you living.”

I think we need to go back and re-read the police’s brief again. They pretty much argued that the citizenry weren’t entitled to expect the police to do a good job in investigating a crime, or even to investigate it at all, among other things.

[Knights_Mom]

@erinmeri

@Knights_Mom

But then we must wonder for whom do the numerous delays benefit? One answer comes to mind! It’s the Judge Taylor person and certainly the very black and bruised Prosecutor Schellhorny who probably can’t get over his slam dunk case went OJ in its findings. He probably can’t get past the definite likelihood that Barisone will walk out a free man.

So slimy tricks, “administrative delays” and other Bru ha ha abounds. The easiest check would be to check the court calendar and see if Judge Taylor and Schellhorn were in court adjudicating OTHER cases on the August court date.

I wonder if Google searches would come up with any other allegations of case postponing when it benefits grumpy State prosecutors to do so.

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).

Depends on their ambition. Everybody wants to become a judge.