MB update

I understand what you mean. It is horrible to learn of these tragedies but it is interesting to follow the investigation, arrests and trials.

The father/grandfather of the Wagner family members that are defendants developed the Georgian Grande horse breed. Any case with a horse connection is of interest to me.

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Well, now I know what I’m reading tonight. I, too, appreciate the horse connection.

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My standard poodle is not protective. At all. Especially from thunder. I have a 55 chicken in my lap

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And yet here you are. :wink:

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I liked the suggestion of geese as protectors however in Loxahatchee are alligators an issue? I know someone who has a small 5 acre farm there for their 8 horses and sometimes alligators are spotted. This person has lost a cat and a small dog already. Would a gator be scared of geese or just eat them? Thankfully that is one critter I don’t have to worry about.

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Know what would help clarify what happened?
Tapes.

Didn’t LK even, imitating Comey, proclaim there were, indeed, tapes?

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Let’s pause and think about this for a brief minute though, in light of the upcoming Krol hearing.

The state (Schellhorn) presented testimony from an expert witness who definitively declared at trial that MB was sane, in his opinion, and NOT suffering from a delusional disorder.

Obviously, the jury disagreed and ruled NGRI when it came to the attempted murder of Lk charge, and the related gun charge.

Soooo
 at the August Krol hearing, if the evaluating psychiatric professionals from AK report that they do not see evidence of an ongoing delusional disorder, is the state really going to try and now argue, “Your honor, we have changed our mind from last April. We thought he was sane then, and had an expert testify to that point
 but NOW we think he has a persistent delusional disorder, and needs to remain confined.”

I mean, maybe it’s just me, but that seems like it might be borderline unethical


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I have often, since the verdict, found myself contemplating that same conundrum. Not only do we now say he’s insane, despite assuring the jury he wasn’t in April, we think he poses a significant risk of danger to either himself or the public for the immediate future. And yes, commitment is not punitive. But lock him up anyway, thank you very much.

It doesn’t make sense.

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Whispers

She’s STILL talking about the recordings, and what they supposedly will prove. In fact, I think she commented about it on YT again within the last day or so
.

:roll_eyes:

ETA - I just checked. She was talking about those tapes within the last few hours


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Exactly!

I don’t see any way for Schellhorn to even try and make an argument to continue keeping MB confined at AK, if the professional psychiatric staff there report that MB is no longer suffering from an acute delusional disorder.

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This is not what will be reviewed at the Krol hearing. He could still be nuttier than squirrell poo, but if he’s NOT a danger to the PUBLIC (not LK) in the foreseeable future he should be released.

Edited to clarify: the original poster of this comment was NOT @FitzE, even though how I quoted it looks like it was.

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Heck, even if he is still suffering from a delusional disorder or any other disorder in the DSM, if the psychiatrist says he does not pose a risk of danger in the reasonably foreseeable future, how does Schellhorn argue for anything but his release? He can’t.

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I like nuttier than squirrel poo. You said it better than me.

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Haven’t read through all the comments, so much chatter that has nothing to do with MB update. One thing I haven’t seen discussed, I may have missed it in the past - does anyone know if MB carried liability insurance as any professional would and should? Had he been found guilty the insurance carrier would have excluded the claim in that he caused harm intentionally. But now that he was found NGRI, the insurance company should be handling any defense of claims in the civil matter. This is what has me confused as his new girlfriend mentioned they are trying to raise 300k for his ongoing attorney fees. If MB did not have a professional liability policy, then it’s one more thing, in my opinion, that he was irresponsible about. If he does have a policy, why isn’t his attorney letting the insurance company handle the defense and counterclaim? If the insurance company is denying a claim, why isn’t there a bad faith lawsuit filed against the insurance company?

If the insurance company is perhaps paying the criminal attorney to defend the claim (which would be irregular), then why is the girlfriend trying to get people to donate 300k? Why would MB throw away thousands of dollars to some other attorney instead of allowing the insurance company handle the lawsuit?

For any folks who want to read an extensive legal article regarding insanity and insurance claims, Catherine Salton’s article “Mental Incapacity and Liability Insurance Exclusionary Clauses: The Effect of Insanity upon Intent” which appeared in the California Law Review, covers many cited cases, most notably a New Jersey case:

"
In 1963, the New Jersey Supreme Court handed down a decision which quickly became the leading case concerning the effect of insanity on the operation of intentional act exclusionary clauses in insurance policies. Ruvolo v. American Casualty Co. 32 concerned a physician, Anthony Ruvolo, who shot and killed another physician with whom he had practiced medicine. At the time of the killing, Ruvolo had a personal liability insurance policy in effect, which was issued by the defendant insurer. This policy provided that the company would pay all sums that Ruvolo "‘shall become legally obligated to pay as damages’ because of the death of any person resulting from [his] ‘activities.’ ",133 The coverage was limited by an exclusionary clause providing that the policy did not apply to death "caused intentionally by or at the direction of the insured.

The victim’s widow filed a wrongful death suit, which Ruvolo’s insurer refused to defend on the ground that the death had been caused by Ruvolo’s intentional act. The guardian of the insured then filed a declaratory judgment action against his insurer, seeking to establish that the policy afforded coverage.1 35 The insurer’s defense was that the intentional act exclusion clause applied. The trial court, relying upon psychiatrists’ affidavits that Ruvolo was insane at the time of the killing and
lacked the capacity to form a rational intent to kill, granted summary judgment for the plaintiff.136
"

I didn’t quote your whole post, even though the rest is very interesting to read.

Re: the funding of his legal fees, all I can contribute to that is his criminal defense attorney, Mr Bilinkas, is not the primary attorney on the civil suit. That would be Chris Deininger, who sat 2nd chair to Mr B at the criminal trial but is his civil attorney.

Obviously, MB still has to pay Mr B for at least one more hearing. I have no idea what his rate is but I imagine it’s substantial.

Whether any insurance is paying Mr Deininger, I don’t know. Maybe that is going to have to be litigated later. There’s a whole lot at play that we don’t know. There may be other legal actions at play, I don’t know.

What we do know was, defending MB in the criminal case wasn’t cheap and isn’t getting any cheaper until he receives a full release. And if LO wants to raise funds to offset those heavy costs, well, cool. I hope it’s successful in alleviating some of that burden.

I have no idea the State of MB’s insurance.

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Finally a mean girl admits to being a mean girl. LOL

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Looks like some key defenders of Team K are converging on this thread.

Someone must have sent out a distress flare.

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Looks like the night shift has started.

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Just ignore. Historically bad information and CH has already run the flag pole of believability on the insurance in past threads.

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I’m waiting for someone to tell us all about how SGF is sure to pay LK a million dollars (or maybe two?) and just settle the lawsuit.

For some reason
 I think that’s coming.

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