Michael/ Lauren civil trial update February 9

[CurrentlyHorseless]

@clipper

Wow. Thank you ekat for the link.
Just a quick look and WOW the ramifications of “spoliation” could mean that the judge rules the videos could be said to show the shooting!

Mr Silver is referring specifically to a video mentioned by RG in a text to JK sent on Aug 6, 2019.

Seems unlikely that the judge would rule that it is presumed to show the shooting that occurred the following day.

[3PonyFarm]

It is on the page that lists all the motions and rulings. The one you can check to see if there are new filings on the case. Im sure it has a name but I don’t know what the name is for the page.
It basically said, dont come to the courthouse because no oral arguments are requested, the motion will be decided on this date. It may be an automated response set up if there is a motion.

[ekat]

Yes, NJ frowns on spoliation of evidence, and the last kicker for me was that the affected party can then sue them for fraudulent concealment of evidence in a separate cause of action.

[CurrentlyHorseless]

@3PonyFarm

It was listed after each motion, Siver’s and then after Mr. D’s. It happened quickly, more so than I remember with Judge S’s responses.

I think those are drafts of the ruling that the lawyers are planning to request of the judge.

I do not think the judge has ruled yet.

[skydy]

Thanks.
I understand that it can change, but it’s a quick response, which bodes well for getting this mess moving.

[3PonyFarm]

He hasn’t yet. The message said a decision would be made on 2/3/23. I think that was the date listed.

Edit to add-I may be wrong but I don’t remember a decision date posted as quickly as these were.

Fixed date

[ekat]

@3PonyFarm

Edit to add-I may be wrong but I don’t remember a decision date posted as quickly as these were.

You’re not! For example, here’s when the original motions were filed, and there was a two day lag before that entry. I am too lazy to go look at a calendar to see if there was a weekend, but it wasn’t entered as quickly as today.

[3PonyFarm]

I thought so. Is it likely the judge or his clerk have some type of automated reply?

[eggbutt]

That perverbial hole seems to be getting deeper and deeper, doesn’t it? Karma is getting quite restless.

[Danvers]

Thank you @ekat
Would they be required to pay fees to MB? Or just the state?
what a nasty bunch of good for nothings…

[Knights_Mom]

@ekat

@Danvers

What if they destroyed all the videos and evidence? they could say it never existed - you know just made up stuff on social media… what happens then?

Mr Silver briefly touched upon spoliation of evidence in today’s filing here:

I don’t typically link law firms but this is a pretty decent explanation of what spoliation of evidence can mean to a case in NJ.

https://www.njlawblog.com/2012/02/articles/litigation/do-you-have-a-duty-to-preserve-evidence/

The problem here is that JK and KK are not named in the case so technically spoiling evidence doesn’t affect them unless they are named in the case. LK who IS named in the case may not be decreed as the spoiler who had possession and therefore might not be able to be punished or sanctioned.

Slick workings these.

[Danvers]

I believe they have destroyed all the bad evidence…

[CindyB59]

I agree. I personally believe there were tapes of the incident that showed a whole different scenario.

[Danvers]

Ditto! I think the evidence is long gone…

[eggbutt]

I still highly recommend several people in NC be subpoenaed immediately to provide information as to what they were given for safe keeping; what videos they saw; what recordings they heard. People like the Kanareks like trophies. It would be difficult for them to completely destroy the most salacious recordings. They probably get their rocks off listening to them during family Finish the Bastard celebrations!

[Sdel]

@CindyB59

I agree. I personally believe there were tapes of the incident that showed a whole different scenario.

Me too. But it’ll never see the light of day unless one of the people LK sent it to grows a conscience and turns it over.

[Knights_Mom]

@cutter99

So the $1,000,000 question is what information is so important and so damning that the Kanarek family refuses to cooperate in the law suit LK initiated???

Hey @Seeker1 and @Inigo-montoya, inquiring minds want to know!!!

HYPOTHETICALLY SPEAKING: Conspiracy. Fraud. A direction of actions of more than 2 people in order to commit illegal acts. Makes it legally actionable to pursue anyone involved in a conspiracy.

As I’ve mentioned previously could become a RICO matter depending on how naughty people were within the conspiracy. If extortion or obstruction of justice are involved that qualifies. Maybe transactions occurring over state lines between Florida barn and NJ is relevant or feared.

Maybe there are issues that involve “the bank” that the Ks might want to keep out of the light of the sun.

Maybe JK and KK just don’t want to be added to the counterclaim if they have assets to lose. Acting as part of the 23D “plan” most certainly makes them culpable.

[cutter99]

Ah, while things may have been deleted off individual devices, there is a saying that the internet is forever, as is the Cloud!

Me myself, I would not want to be any of the four or five people involved with any potential videos or recordings.

There is also a saying about what comes around goes around. Let’s just see if there is a karmic justice in this universe.

[3PonyFarm]

IF an attorney was consulted about the evidence, don’t they have a responsibility to tell the client to save the evidence? Wouldn’t they face repercussions if they advised them to destroy the evidence? Again this is IF one was consulted.

[Knights_Mom]

Remember, sometimes people get away with stuff when they shouldn’t.

Eventually a price is paid. But we may not see that.