Well, the stuff she posted on FB before the shooting was, how did two separate witnesses describe - almost word for word private discussions that she shouldn’t have known about.
But everything else? Who knows? That’s probably why Mr Deininger is trying to get Kirby Kanarek to supply her transcripts.
The fact that LK/JK/KK repeatedly posted about the horrors in those recordings as facts damaged his reputation in ways that can never be measured!!
The Kanarek family is beyond remarkably naive when it comes to keeping their mouths shut.
- if only she had left
- if only the Kanareks had kept their mouths and keyboard quiet
- if only the police had done even a half-a$$ed job of collecting forensic evidence
- if only the video recordings hadn’t disappeared - you know, the ones RG told Heymer he had within seconds of Heymer’s arrival
Lots of “if onlys”
I wonder how many posts are here to pick the brains of certain sided people in order to aid those oppositional individuals in the trial.
I think I’ll have that mindset while reading posts that seem like fishing for strategies or ideas
It seems to me, after reading the motion to extend discovery, that GAS hasn’t yet had time to get into the nitty gritty of his client’s “voluminous” file. He writes that he’s familiar with the “facts” (by which I am assuming he means the history and motions) of the case but is not in a position to have “meaningful case management discussions”. This is understandable considering he’s been on holiday vacation and has only now taken over.
@ekat do you think the K’s will fill him in on their dubious behavior (that isn’t subpoena related) or will he have to discover it on his own while examining the case file?
I think you might be giving some people too much credit, and overestimating their intellectual capacity when it comes to trying to gather intelligence and form a coherent legal strategy that can be used to both make their own case, and defend against MBs counterclaims.
Honestly, I think some people are still struggling with the fact that public sentiment is PROFOUNDLY negative when it comes to LK. Soooo… they feel if they get online and argue about facts of the case and disparage supporters of MB… they will somehow help LK.
Bottomline… these PR tactics didn’t work when Lollypop herself was still on the forums, trying to do her own PR. And… similar approaches are still failing miserably, even though she is now banned.
I never underestimate and prefer being overly cautious. I’m suspicious of everything.
They’ll do what way too many people do with their lawyers - tell their reality as they know it in a way that puts them in the best light possible.
What he should do is watch the criminal trial for context and to see how his star plaintiff performed under oath previously. That might be eye-opening to him.
With both sides incurring large legal fees, how would a judgement against one side affect those costs? In other words, would the attorneys get their money before any party to a lawsuit would?
I’ve always heard the expression “always, always, tell the truth to your doctor and your lawyer.”
Not everyone follows that eh?
Nothing like being blindsided by the opposition because your own client hasn’t been straightforward with you.
Excellent question. And I would certainly think he would be entitled to claim lost earnings and try to hold LK accountable for it. As to whether he would win on that point, who knows? On one hand, it is pretty much assumed that LK did send SS a fallacious report on MB, for the express purpose of undermining his standing with USEF and thereby destroying his reputation and career. On the other hand, a jury may hold him accountable for committing misdeeds (i.e., the shooting) that resulted in his suspension being upheld.
People don’t follow that advice. Never, ever. In part because they don’t necessarily see their actions in the same light the attorney will. In their heads, they have a million justifications that might be nice, but not helpful.
And the more at risk, the less up front they are with their attorneys.
Is the defense required to share what documents, recordings, witness testimony etc… they have, with the plaintiff’s attorneys before depositions?
Yeah, that’s all the “written” discovery, which got an extension too, I believe in that motion today. I put written in quotes because it encompasses electronics and photos and stuff that isn’t necessarily written word.
That thought has been at the back of my mind for a while. I have no idea who they would be sending messages to though. 
Aaaah. But here’s the thing, it’s the specific fact that she included transcripts of illegally recorded conversations as part of her report to SafeSport that is the issue.
I think that’s a problem. Whether the report was out of sincere concern and raised legitimate issues… or whether it was 100% fallacious and malicious in nature…
I’m not sure that matters. It’s the transcripts of the illegal recordings that are at issue. It’s a total violation of the NJ wiretapping law for her to DISTRIBUTE those transcripts, much less to an organization that has professional oversight power when it come to the individuals she illegally recorded.
I hope that makes sense
Oh, I have been suspicious about that MO for quite a while! There are 1 or 2 posters in particular that seem to be be constantly fishing. 
I think that the K’s fired Nigel because he was unable or unwilling to devote every waking minute of his professional time to her case. Wasn’t he dabbing in a movie at the same time?
I wonder if GAS has a clause in his contract that says he must do that?
Go a head and trust the attorney that has so far been wrong.
Oh, I have some ideas. 
I also wouldn’t be surprised if he is regularly flagging posts that he finds particularly objectionable - IOW, trying to control the discussion here by pressuring the mods to acquiesce to his “demands.”
But do you think any of that hurt MB’s reputation? If it was on 48 hrs maybe. But as many people here continued to stay LK’s actions have only hurt herself, the dressage community supports him. And the dressage community doesn’t believe anything she says anyway. It didn’t hurt him in the criminal trial, having not been presented and as
he wasn’t found straight guilty. Just how much has he been damaged specifically from these tapes? Maybe emotionally being concerned they might come out at some point.
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