MB update

[Angela_Freda]

Earlier someone mentioned what a defence for something like the trial might cost. Seems to me raising $300k to help defray those costs is pretty cheap.

[SierraMist]

@ekat

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.

For sure very expensive. I don’t know a single criminal attorney who didn’t receive payment in full before the trial. Very hard to get paid after the fact. Everyone should be very very happy that MB was found NGRI because if he does have liability insurance, the NGRI verdict is the only hope that his insurance would pay any claim. And despite what people here are saying, after discovery is complete in the civil case, just about every insurance company would offer a settlement of some amount to LK, even if it was simply to cover the medical expenses and pain and suffering. Continuing civil litigation when the Plaintiff took 2 bullets to the chest is usually a case an insurance company would settle.

[Sdel]

@SierraMist

Continuing civil litigation when the Plaintiff took 2 bullets to the chest is usually a case an insurance company would settle.

See, predictable. If they were going to pay out they would have already and SGF doesn’t appear to be accepting blame.

[ekat]

@SierraMist

For sure very expensive. I don’t know a single criminal attorney who didn’t receive payment in full before the trial. Very hard to get paid after the fact. Everyone should be very very happy that MB was found NGRI because if he does have liability insurance, the NGRI verdict is the only hope that his insurance would pay any claim. And despite what people here are saying, after discovery is complete in the civil case, just about every insurance company would offer a settlement of some amount to LK, even if it was simply to cover the medical expenses and pain and suffering. Continuing civil litigation when the Plaintiff took 2 bullets to the chest is usually a case an insurance company would settle.

How would they bill in full when they don’t know the outcome? You wouldn’t bill the same for work that ends at Not Guilty, as you would for NGRI, which, by nature, includes prep and appearance at a minimum of one more hearing. It’s hard to compare apples and oranges because my state has Guilty But Insane. Things don’t work the same. But here, the criminal attorneys I know don’t expect payment in full up front.

As a side note, I have very good friends who make a very substantial living defending insurance companies, and litigating, not paying out claims.

[SierraMist]

@Virginia_Horse_Mom

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

Someone must have sent out a distress flare.

I’m not team anyone. It’s nice that you had the grace to admit you’ve been mean and nasty. It accomplishes nothing to continue being mean and nasty for 3 years. I am interested in the case itself. And lean toward all parties in this case had responsibility for what happened. I think MB should have maintained his professionalism and handled the situation from the beginning instead of allowing it to get out of hand.

[MHM]

@DownYonder

@Angela_Freda

If her parents pay her lawyers, does she have a choice?

Are they paying her lawyers? Or are they working on contingency?

I am not a lawyer, but I have to think that any lawyer would be crazy to take the case on a contingency basis after seeing how the star witnesses came across in the criminal case.

[ekat]

@MHM

I am not a lawyer, but I have to think that any lawyer would be crazy to take the case on a contingency basis after seeing how the star witnesses came across in the criminal case.

If he did, way back in October/November 2019 when the civil suit was filed, I would ordinarily think that he might have reassessed in April 2022. But, he went on CourtTV and called the jury insane. So there’s that.

[Virginia_Horse_Mom]

@ekat

As a side note, I have very good friends who make a very substantial living defending insurance companies, and litigating, not paying out claims.

Yes. There is that. Insurance companies do have deep enough pockets to fight some claims, when it seems warranted.

And in this case, doesn’t the NGRI verdict established by the criminal trial, and the case the defense presented that laid out how LK behaved in such a way that she contributed to his mental disorder… well… isn’t that going to factor into any possible civil suit payout? She contributed SUBSTANTIALLY to the whole set of events that led up to the shooting.

[SierraMist]

@ekat

How would they bill in full when they don’t know the outcome? You wouldn’t bill the same for work that ends at Not Guilty, as you would for NGRI, which, by nature, includes prep and appearance at a minimum of one more hearing.

They quote a set fee for a criminal case, what it costs to go to trial. No matter what the verdict turns out to be. And of course, any continuing fees for the subsequent hearings would be charged separately. The defendant has to keep depositing into a retainer fund.

[Virginia_Horse_Mom]

@SierraMist

I’m not team anyone. It’s nice that you had the grace to admit you’ve been mean and nasty. It accomplishes nothing to continue being mean and nasty for 3 years. I am interested in the case itself.

Oh… it seems like you are quite interested in chastising other posters.

If you really just want to discuss the case, then why don’t you just do that?

[Sdel]

@SierraMist

I think MB should have maintained his professionalism and handled the situation from the beginning instead of allowing it to get out of hand.

So….you think he was supposed to let LK torture him and drive away his at the time girlfriend? Is that what you mean by not letting it get out of hand?

Because I’m pretty sure it was testified to that he was acting in a professional manner by finding LK a new trainer.

[LilRanger]

@SierraMist

But now that he was found NGRI, the insurance company should be handling any defense of claims in the civil matter.

I have no doubt the professional insurance was like, Nope! He was acting as a laaandlord! Tra-la-la!

It’s property insurance all the way, and I have zero doubt they have weaseled out too. They know how to mitigate risk, yeah?

[Virginia_Horse_Mom]

@LilRanger

I have no doubt the professional insurance was like, Nope! He was acting as a laaandlord! Tra-la-la!

It’s property insurance all the way, and I have zero doubt they have weaseled out too. They know how to mitigate risk, yeah?

Isn’t that why LK targeted SGF with one of the lawsuits? Because of the property insurance?

[ekat]

@SierraMist

They quote a set fee for a criminal case, what it costs to go to trial. No matter what the verdict turns out to be. And of course, any continuing fees for the subsequent hearings would be charged separately. The defendant has to keep depositing into a retainer fund

That was my very poorly worded point. They can’t factor in what they don’t know. Meanwhile, he’s got a hearing coming up that wouldn’t have originally been included in any fees. Maybe it’s the last. Maybe there’s another in 90 days. But the bills keep coming.

One other note. The civil suit was filed back in 2019. Plenty of work was originally done before the stay. That would be prior to the verdict, when someone had to pay Mr D to get started, even if the insurance company was waiting for the verdict to decide if he was covered or not. So, more bills.

[SierraMist]

@Sdel

@SierraMist

Continuing civil litigation when the Plaintiff took 2 bullets to the chest is usually a case an insurance company would settle.

See, predictable. If they were going to pay out they would have already and SGF doesn’t appear to be accepting blame.

Generally, settlement offers happen after discovery is complete. I do agree with others who think they may offer less for possible contributory negligence.

[hut-ho78]

@Virginia_Horse_Mom

@hut-ho78

The state psych witness said that MB was sane and not delusional when he shot LK.

But, the jury ruled NGRI… correct?

Did you get a chance to review the posts on this thread from @ekat about the Krol hearing process? Some of the content was really well researched and very informative on a legal/procedural level.

On this threads and others. I believe someone just corrected my wording. MB does not have to be sane to be released just no longer be a threat to himself or others. Hopefully, that is so. Hopefully, both MB and LK can be back to riding and training and get on with their lives.

[ekat]

@Virginia_Horse_Mom

Isn’t that why LK targeted SGF with one of the lawsuits? Because of the property insurance?

Yep. And SGF has shown zero indication they or their insurance is going to pay a dime, especially because of the indemnification clause they had with MB, which I’ve mentioned here before.

[ekat]

@hut-ho78

On this threads and others. I believe someone just corrected my wording. MB does not have to be sane to be released just no longer be a threat to himself or others. Hopefully, that is so. Hopefully, both MB and LK can be back to riding and training and get on with their lives.

Thank you.

[Sdel]

@SierraMist

Generally

So, your jumping the gun? Discovery is nowhere near complete.

[Virginia_Horse_Mom]

@hut-ho78

MB does not have to be sane to be released just no longer be a threat to himself or others. Hopefully, that is so. Hopefully, both MB and LK can be back to riding and training and get on with their lives.

Agreed.

Hopefully they both do (get back to riding and training). It sure beats a continuing legal battle.