I don’t think it’s relevant to the question being considered at this hearing, whether she is a victim or not. The question at hand is what the AK staff have determined to be MB’s mental status today. Absolutely nothing to do with LK, despite the rabbit hole one very pedantic, tenacious poster is trying to drag you all into.
This hearing is about current safety risks posed by MB, and the attorneys involved will represent him, and the state of NJ.
As someone else has already pointed out, we don’t even know whether or not the state of NJ plans on petitioning for his continued commitment in a secure mental health facility (such as AK), or if they will read the report from treating physicians at AK, and agree that a conditional release is appropriate at this time.
@ekat has mentioned repeatedly that case law and precedent related to Krol hearings in NJ concerning the initial evaluation very
much focuses on evaluation of the patient that takes place approximately 5 days before the hearing. I think she said 5 days in earlier posts. Soooo, since MBs hearing is not until the end of August, no one involved knows yet what his mental state will be like by then. Hopefully it will be fairly positive, with more distance from the criminal proceeding, and time spent doing mentally therapeutic activities such as reading and sketching.
All this other talk about LKs posts seems to only be relevant if she pursues some new avenue of civil litigation, or somehow incorporates some of her most recent claims on YT in comments into her existing litigation. But… it doesn’t seem that any of it will be relevant to the upcoming Krol hearing.
She’s the victim and the victims typically have more rights than witnesses. Whether people here want to call her that the fact of her being shot by a third party makes her the victim.
This thread is about MB and his current mental status. If you want to discuss LK and any imagined damage you feel these discussions have caused her, please start a new thread instead of derailing the discussion here.
In NJ , NGRI absolutely is an acquittal. They call Krol patients the “acquittee patient” in all docs , and in all case law, because they’ve been acquitted.
Can you share a link to the resource for this so I can read and update myself ?
Sorry @Knights_Mom if I haven’t read every single post in these threads like give me a break here every time I checked in the last 2 months has been gross in fighting non stop.
Also everyone harping about bringing up LK, wasn’t she already brought up in regards to YT comments?
ETA - I am replying to a statement made by @CurrentlyHorseless - the way it quoted here looks like I am replying to myself …
I assume in order for her to make a statement at this hearing, one of the attorneys representing the two relevant parties (the State of NJ vs MB) would have to call upon her to make a statement.
Does that make sense to you?
IANAL, so perhaps there is a 3rd commonly understood way that people end up making formal statements at closed hearings if neither of the two sides involved call upon them? Maybe one of the legal professionals following this discussion could clarify if there are procedural options I am not currently seeing
So I, as a victim, and my father, as a victim both had a say when it came to releasing the individual guilty of a crime committed against us. This individual was found to be guilty, but due to prison over crowding and “good behavior” he was up for early release. Our say didn’t really matter or weight heavily enough and he was released anyway…then OD’d a few days later and died. So, that was interesting.
That’s one of the things I find interesting. The evaluation has to be completed within five (5) days of the hearing, so everybody has absolutely current info to work with.
If the evaluation says MB is ready to go home, that’s what Schellhorn is to present to the court. NJ’s case law doesn’t really allow much deviation from that, absent some hard evidence otherwise. If the doc says he’s good, and they don’t have a stack of stuff that MB has sent out into the world during the eval period that is in opposition to the evaluation report, we’ll, he’s going home.
I would love for this thread to refrain from discussing LK and her family.
Eggbutt and Sdel brought in her postings on other SM. As much as I would love the discussion to remain solely on MB, I’ll discuss LK if others insist on dragging her into the discussion.
Here’s a paragraph from the controlling case in NJ: if you read the whole case, you will see time and again, the reference to acquittal.
I’m also copying a link to the most current NJ Court directive. You will see that at the time of the verdict, Judge T would sign a JUDGMENT OF ACQUITTAL. All subsequent orders refer to the patient as an acquittee.
“Commitment following acquittal by reason of insanity is not intended to be punitive, for, although such a verdict implies a finding that defendant has committed the actus reus, it also constitutes a finding that he did so without a criminal state of mind. There is, in effect, no crime to punish.”