Michael/ Lauren civil trial update February 9

[Davignport]

This whole situation stinks. The fact that NOTHING is done to these jerks is just unbelievable.

[ekat]

@Sdel

wonder if there will be a repeat ex parte letter even though it was explained just how inappropriate it was and that the last one was shared with the group

I feel like we may not see that again, since it didn’t work.

@Sdel

Also, I really wonder what arguments they will trot out now, since the last judge wasn’t overly impressed with the aged, frail, and elderly (while trucking around half way across the world for several weeks) or the spousal, attorney-client privilege, harassment arguments. A repeat of those since it’s a different judge and maybe he’ll drink the cool-aid?

Maybe? What I am curious about is if GAS will repeat like Bruce and file things on their behalf while not representing them.

[MHM]

@trubandloki

Wasn’t he the one at the VIP tent of some show bragging about his daughter being the person that was shot by MB?

Wow, really??

[Sdel]

I think I also want to circle back to the Silver filing and pick at another point. The filing references a recording of RG and JK talking about timestamps on a video from the 6th……and that the MCPO turned over zero videos. I also believe LK/IM stated that RC was recorded entering the house/apartment and getting bit here on the forum.

In the trial, there was a big deal made about how the cameras were turned off just prior to the shooting, but why would MCPO have zero videos from the camera’s cloud in the roughly 24 hours before the shooting in which it was said to have been installed? The only way I can think of is that someone deleted the videos off the cloud before MCPO could access them.

[Knights_Mom]

@SpicyPRE

How did these details not come out during the criminal trial? Is there potential impact to Schelhorn (not sure I spelled that correctly)?

Judge Taylor ruled the way he ruled which decided what could come out at trial.

[trubandloki]

@Sdel

In the trial, there was a big deal made about how the cameras were turned off just prior to the shooting, but why would MCPO have zero videos from the camera’s cloud in the roughly 24 hours before the shooting in which it was said to have been installed? The only way I can think of is that someone deleted the videos off the cloud before MCPO could access them.

Or the MCPO did not bother to ask for them.
It is not like they were trying to figure out what really happened. They were happy with their lack of evidence, why try to get more that might muddy the waters with facts that do not fit the narrative they are using?

[Sdel]

@trubandloki

Or the MCPO did not bother to ask for them.

They collected the cameras and RG told the one officer there was a video. I’m sure they attempted to access the cloud at some point so they could prove RG’s story. Maybe’s RG’s statement about there being a video influenced the police to think they didn’t need to do the forensics because there would be a video to prove MB’s guilt.

I do believe they testified that there was nothing on the cloud when they accessed it, but I could be remembering wrong.

[SierraMist]

@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/

If a video existed, it may not be that important since it was something RG allegedly emailed August 6, not August 7 which was the date MB shot LK. Not saying that SGF isn’t entitled to ask for any evidence they believe may have existed. RG could have emailed anything, even something unrelated to the incident. I haven’t read all the posts here so someone else may have mentioned this.

[trubandloki]

@SierraMist

@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/

If a video existed, it may not be that important since it was something RG allegedly emailed August 6, not August 7 which was the date MB shot LK. Not saying that SGF isn’t entitled to ask for any evidence they believe may have existed. RG could have emailed anything, even something unrelated to the incident. I haven’t read all the posts here so someone else may have mentioned this.

I would guess that if SGF’s attorney is spending this much time trying to get this information that they have a pretty good idea of what is on the video and have a good reason for wanting it.
I would also guess that the good reason for SGF wanting it is the same good reason that Jonathan Kanarek (@Inigo-montoya) has consistently ignored the subpoenas asking him for that video.

There is information that happened before the shooting that is important.

[ekat]

@trubandloki

I would guess that if SGF’s attorney is spending this much time trying to get this information that they have a pretty good idea of what is on the video and have a good reason for wanting it

I’m guessing that audio recording Mr Silver is prepared to play for the court describes exactly why it’s relevant.

[CurrentlyHorseless]

@Sdel

I think I also want to circle back to the Silver filing and pick at another point. The filing references a recording of RG and JK talking about timestamps on a video from the 6th……and that the MCPO turned over zero videos. I also believe LK/IM stated that RC was recorded entering the house/apartment and getting bit here on the forum.

In the trial, there was a big deal made about how the cameras were turned off just prior to the shooting, but why would MCPO have zero videos from the camera’s cloud in the roughly 24 hours before the shooting in which it was said to have been installed? The only way I can think of is that someone deleted the videos off the cloud before MCPO could access them.

The recorded conversation between RG and JK happened on the sixth. The conversation refers to a “video” that RG emailed to JK.

The video may have been recorded on the sixth or earlier.

I think the video could be a phone video recording, possibly of events related to the building department visit.

[Sdel]

Just a random question….if the K’s lose big here….can they go after the lawyer that advised LK on all her shenanigans?

[DownYonder]

@ekat

@Sdel

wonder if there will be a repeat ex parte letter even though it was explained just how inappropriate it was and that the last one was shared with the group

I feel like we may not see that again, since it didn’t work.

Or did it work to an extent? Sceusi did partially rule in the K’s favor in November.

And I still find it so, so interesting that since that ex parte communication came to light, we now have a new judge. IMHO, there was more to that chain of events than meets the eye.

[MHM]

@Sdel

@trubandloki

Or the MCPO did not bother to ask for them.

They collected the cameras and RG told the one officer there was a video. I’m sure they attempted to access the cloud at some point so they could prove RG’s story. Maybe’s RG’s statement about there being a video influenced the police to think they didn’t need to do the forensics because there would be a video to prove MB’s guilt.

The police collected the cameras?

I thought the cameras had disappeared by the time the police went back to look for them the next day, following the time frame when JK and RG had returned to the property.

[Sdel]

@MHM

@Sdel

@trubandloki

Or the MCPO did not bother to ask for them.

They collected the cameras and RG told the one officer there was a video. I’m sure they attempted to access the cloud at some point so they could prove RG’s story. Maybe’s RG’s statement about there being a video influenced the police to think they didn’t need to do the forensics because there would be a video to prove MB’s guilt.

The police collected the cameras?

I thought the cameras had disappeared by the time the police went back to look for them the next day, following the time frame when JK and RG had returned to the property.

I thought they did. At least one of the officers held a camera up in the trial. But maybe that was a demo model and not the real thing. Maybe someone else remembers that bit of testimony better.

The point is, we know there cameras were working and recordings being made because that RG testified to them….so, why does MCPO have zero recordings? Even if they were not relevant to the trial, MCPO would have collected them.

[MHM]

@DownYonder

And I still find it so, so interesting that since that ex parte communication came to light, we now have a new judge. IMHO, there was more to that chain of events than meets the eye.

Ditto.

Especially since the new judge seems to be interested in moving things right along, compared to the previous judge.

[ekat]

@DownYonder

Or did it work to an extent? Sceusi did partially rule in the K’s favor in November.

I don’t think it worked, because he promptly disclosed it and the partial ruling was fair to all sides. It’s not like he gave the K’s a free pass.

[trubandloki]

@CurrentlyHorseless

@Sdel

I think I also want to circle back to the Silver filing and pick at another point. The filing references a recording of RG and JK talking about timestamps on a video from the 6th……and that the MCPO turned over zero videos. I also believe LK/IM stated that RC was recorded entering the house/apartment and getting bit here on the forum.

In the trial, there was a big deal made about how the cameras were turned off just prior to the shooting, but why would MCPO have zero videos from the camera’s cloud in the roughly 24 hours before the shooting in which it was said to have been installed? The only way I can think of is that someone deleted the videos off the cloud before MCPO could access them.

The recorded conversation between RG and JK happened on the sixth. The conversation refers to a “video” that RG emailed to JK.

The video may have been recorded on the sixth or earlier.

I think the video could be a phone video recording, possibly of events related to the building department visit.

Your thinking in this situation (about what the contents of the video could be) makes reasonable sense. It could be about that or it could be about so many other things that lead up to the goings on there.

Some of these responses make it seem like people forget that the biggest part of the civil case is who is responsible for what, so what happened before the shooting is very important. Clearly the recorded conversation between Robert Guy Goodwin/Jim E Stark/Superman and Jonathan Kanarek (@Inigo-montoya) gives enough details that these lawyers feel this video is important to their case. It also seems like Jonathan Kanarek also feels this video is important to their case or he would not be ignoring their requests for it.

[MHM]

@Sdel

The point is, we know there cameras were working and recordings being made because that RG testified to them….so, why does MCPO have zero recordings? Even if they were not relevant to the trial, MCPO would have collected them.

As I recall, we know the cameras were working because there was evidence that RG had gotten notifications on his phone just minutes before MB went to the house. RG’s testimony is… RG’s testimony, for whatever it’s worth.

MCPO certainly should have collected the recordings, along with lots of other evidence they neglected to gather. Fingerprints, gun shot residue, etc., etc.

[CurrentlyHorseless]

@SierraMist

@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/

If a video existed, it may not be that important since it was something RG allegedly emailed August 6, not August 7 which was the date MB shot LK. Not saying that SGF isn’t entitled to ask for any evidence they believe may have existed. RG could have emailed anything, even something unrelated to the incident. I haven’t read all the posts here so someone else may have mentioned this.

Remember that SGF is probably not trying to deny that MB shot LK, they’re trying to establish that it was MB who arranged the deal whereby she was living on the property. In one of their filings, I think they claimed that MB acted outside of his authority based on his lease of the property in allowing LK to live there.

The defense of SGF is that it was MB who allowed LK to live there, not SGF as an entity. That’s why they are requesting all of JKs communications with RG, LK, MB and the older couple. I think this “video” is part of this evidence of the contractual relationship between RG and LK with MB. That would explain why the MCPO did not find it crucial to the shooting, but SGF considers it important.