MB update

[ekat]

@Virginia_Horse_Mom

She does seem to be hoping for some sort of liability payout from SGF’s policy.

It’s so nice to hope.

[erinmeri]

@ekat

Well, that is a question, isn’t it? She has no discernible income now or then, so claiming loss of income is a stretch. I can’t speak to her riding history as well as others.

Mostly, she’s left with pain and suffering. And MB only has to prove, with a preponderance of the evidence that she failed to mitigate her damages and was equally responsible for her injuries. It will be very interesting, indeed.

Thank you! I think in other situations (wherein the “victim” did not either contribute or stand their ground or both), pain and suffering might be more plausible. Interesting to see the outcome, indeed!

Edited: “victim” or “plaintiff” or whatever. Not a lawyer!

[ekat]

@Virginia_Horse_Mom

One thought though… MB does have to pay attorneys to defend against the lawsuit. Even if LK nets little in the way of a payout for herself in terms of damages, if he has to pay her attorneys fees as well as his own… that alone could be substantial. And further break him, financially.

Unless he wins, including attorney fees.

[Virginia_Horse_Mom]

@eggbutt

I suspect the lack of support for RG is he told a story that was off the cuff and once told had to be used as the reality of the events. Of course LK spews her praise for his grand leap to protect her from harm, yadda-yadda, but it was from the second Heymer arrived that the plan went off the rails with RG’s admission it was all caught on tape, RG pointing to MB as the shooter, RG running around the yard, around the vehicles, old koi pond, bushes, where ever while running down the well trained Rosie to toss her back inside. Speaking of Rosie, it may just be a matter of how it was stated by Heymer, but I got the impression Rosie was still “nipping” at Barisone and Heymer when RG asked to put her up. If she was right there at Heymer’s feet, why did RG have to run around the property to “catch” her? Heymer testified that RG grabbed Rosie and “took her into the house” and was gone from view for a minute or two (2nd Miranda hearing with Heymer as witness). So, how and when did the story change that Rosie was running around and RG was chasing her to catch her? I question what else RG may have done as he scampered around the property all by himself before finally being detained.

I also wonder why none of the police testified to interviewing MB ever . They read him his rights and then listened to his utterances as admissions of guilt, but he was not officially questioned at any time, was he? Of course if he was officially questioned it would have been long after RG had emphatically told his story several times to his cop buddies. Barisone was drugged and incoherent for many hours giving quite a bit of time for the story to be set in stone.

And still the question, what was the real reason RG & JK went to the farm the next day .

The criminal trial is obviously over. Hopefully light will be shed on many of these questions down the road and truth might evolve.

Wow. I haven’t paid any attention to what was testified to in hearings prior to trial. The way you laid this out is really interesting.

Deininger has a lot to explore, I think. Very interesting.

[ekat]

@eggbutt

I suspect the lack of support for RG is he told a story that was off the cuff and once told had to be used as the reality of the events

I’m right there with you.

[eggbutt]

I honestly believe the Kanareks are going to wake up and take a hard look at all that will be laid out in full display and drop their suits. In the court of public opinion they have already lost with almost none of the ugliness or active participants seeing the light of day.

[Virginia_Horse_Mom]

@Warmblood1

The major red flag for me regarding RG was when he, as a Marine, said he was unfamiliar with guns. Unless he got kicked out in boot camp, this is just impossible. For those that aren’t aware, USMC is the only branch of service where every service member must qualify as a rifleman. It goes against everything the USMC stands for. My husband who is a retired Marine heard that in his testimony and it at least gave him a good laugh.

COMPLETELY. I fixated on this quite a bit in other threads. I’m still g to know what RGs actual service record did, or didn’t, involve.

[ekat]

@eggbutt

I honestly believe the Kanareks are going to wake up and take a hard look at all that will be laid out in full display and drop their suits. In the court of public opinion they have already lost with almost none of the ugliness or active participants seeing the light of day.

I believe you may be right. But they would have to convince MB to also withdraw his counterclaim.

[MHM]

@Virginia_Horse_Mom

and when it comes to the civil suit, MBs attorneys aren’t bothering with RG either.

Would it make sense to include someone in a civil suit if they have no assets to speak of?

[Warmblood1]

Me, too!

That deceptive statement was the entire reason I became so interested in this case. I immediately knew there was more to this. My first post on COTH was trying to figure out RG’s age and when he could have joined because with him being older, this would have been especially untrue with everything going on in Iraq and Afghanistan. Back in the mid 2000s and so on, Marines we’re gearing up for deployment and actual wartime. It is around the time of my husbands 3 tours. That alone makes the statement even more absurd.

[Virginia_Horse_Mom]

@ekat

@eggbutt

I honestly believe the Kanareks are going to wake up and take a hard look at all that will be laid out in full display and drop their suits. In the court of public opinion they have already lost with almost none of the ugliness or active participants seeing the light of day.

I believe you may be right. But they would have to convince MB to also withdraw his counterclaim

Ooooh. That’s interesting about convincing him to also withdraw his counterclaim.

I guess they could proactively offer him a settlement relative to his counterclaim to make it all go away? Not that they will. But it is a thought. Offer him something for attorneys fees. And then everyone walks away, restraining orders all around remain in place, and everyone goes on with life. No more legal fights.

[Virginia_Horse_Mom]

No, of course it wouldn’t. But that point was part of a broader observation.

However, when it comes to the civil suit, it sure will make sense to have a lot of discovery focus on RG and his role in this whole mess.

[Warmblood1]

It would make a heck of a lot of sense to try to offer a settlement and just walk away from the civil suit.

But at this point, I think Mb’s case is very strong. He has a suffered a great deal from this and I can’t say that if I were in his position, I’d walk away at this point.

Sadly, I think entitlement, victim mentality and refusal to take any responsibility will prevent the K’s from withdrawing.

[eggbutt]

There is no evidence that RG ever completed basic USMC training after the 7th week (isn’t that when they receive their dress blues?). There is an old photo that has been seen of him in USMC dress blues but no other evidence. I’d love to see the DD-214. My military family doesn’t take lightly anyone saying they served when they didn’t so I am a bit obsessive about it.

Edit to correct DD-214

[Sdel]

@Virginia_Horse_Mom

However, when it comes to the civil suit, it sure will make sense to have a lot of discovery focus on RG and his role in this whole mess.

The police statements will be very interesting. There have been claims RC made multiple contradicting statements to police. I know the early news reports citing police sources said RG saw MB brandishing the gun through a window. And of course the whole “seven minutes” and what happened there…

[MHM]

Can anyone give just a ballpark idea of what attorneys’ fees might add up to for civil suits like this?

[Sdel]

I’d ballpark at least 500k so far for MB.

[MHM]

Wow. Thanks.

[ekat]

@Virginia_Horse_Mom

Ooooh. That’s interesting about convincing him to also withdraw his counterclaim.

I guess they could proactively offer him a settlement relative to his counterclaim to make it all go away? Not that they will. But it is a thought. Offer him something for attorneys fees. And then everyone walks away, restraining orders all around remain in place, and everyone goes on with life. No more legal fights.

NJ law states that if the counterclaim could stand on its own, absent the plaintiff’s claim, then all parties have to agree to withdraw in order for the court to allow it to be dropped. The way his counter is written could stand on its own merit, so, yes, it is an interesting thought.

[Virginia_Horse_Mom]

@eggbutt

There is no evidence that RG ever completed basic USMC training after the 7th week (isn’t that when they receive their dress blues?). There is an old photo that has been seen of him in USMC dress blues but no other evidence. I’d love to see the DD-114. My military family doesn’t take lightly anyone saying they served when they didn’t so I am a bit obsessive about it.

Deininger should ask RG about this when he deposes him!!! Ask about whether or not he finished boot camp, if he did and was discharged later, what were the terms, etc. And then ask again if RG claimed to be a Marine when testifying at trial.

To quite a lot of people, these sorts of details are actually a pretty big deal. If you never finished boot camp, or you got something other than an honorable discharge of the military… you just shouldn’t talk about your military service history. Period.