NEW Barisone Court Filing - 7/15/21

[FitzE]

KM - that sounds horrific. I’m really glad you got away and are now doing well.

I was thinking along the lines of your second-to-last statement above. This situation is a good illustration of the need to reform police services in the US. Someone trained in these situations would have noticed the signs described in the filing posted here and the recordings of those calls. They could have worked with police to help them better understand the dynamics and provide more effective and appropriate support for all concerned.

I wonder what’s behind him being stopped from speaking to an officer of superior rank? Why stonewall him in the station? Why the weird pattern of speaking first not to the caller but to the other party/parties? It all seems very strange.

[MHM]

@FitzE

Why the weird pattern of speaking first not to the caller but to the other party/parties? It all seems very strange.

Could it be due to the layout of the property? Maybe if they went to the house first when they were summoned, when the person who called them was actually out in the barn? That’s just a guess. Didn’t the property description say the house was closer to the road and the barn was further back?

[Sdel]

@MHM

Could it be due to the layout of the property? Maybe if they went to the house first when they were summoned, when the person who called them was actually out in the barn? That’s just a guess. Didn’t the property description say the house was closer to the road and the barn was further back?

In the 911 calls he tells them not to go to the house, that he is in the stables past the house.

[MHM]

@Sdel

In the 911 calls he expressly tells them not to go to the house, that he is in the stables past the house.

Thanks. I have not listened to the calls yet.

I could wonder if that detail was included in the communications between the 911 dispatcher and the police, although it should have been.

And certainly if the same police officers were out there multiple times, they should have figured it out after the first visit.

[Sdel]

I also seem to recall that that jives with what LK stated….they were back at the house by the time the police arrived.

LK seemed to assert that that meant they were innocent of the claims and he was just setting them up. To me it just says that once they realized he was calling the police, they got the hell out of their so the police couldn’t catch them in a bad act….

[Knights_Mom]

The cops messed up. By me when a supervisor is asked for, a supervisor is provided. No questions asked. But my jurisdiction is really trying to make up for past wrongs.

My ex stalked me. Stalked me to the point of putting crazy glue in my door so I couldn’t get in my own home. I broke the door down.

Another time my dad begged me to let him in. I finally did and he saw my pocketbook on the couch. He jumped and grabbed it then went to run out. I had my work stuff, shield and so many important things in there like credit cards, ID etc. Despite him being a 6’5" construction worker I dived on him and in the middle of the kitchen we duked it out like animals. I got my bag back but my keys fell out in the melee and he grabbed them and dashed outside, me in hot pursuit. He jumped in his van and I jumped on top of him in the driver’s seat. He started to drive away. I shoved the shifter into park, managed to grab my keys, pulled his out and threw his keys as far across a street with busy traffic as I could. That bought me time to run back into my house with my keys and call 911.

They did NOTHING. My problem: he couldn’t manage to beat the shit out of me.

Once on another occasion my dad let him in. He disabled a lower windows lock so he could access inside whenever he wanted so I wouldn’t realize it. I did. Numerous flat tires, broken windows. It wasn’t until he called my job and told them I was a vampire who sold government secrets off their computer that I got help. The call went to my boss who sent it up the line to the head of that agency for the city. I was then directed to get an order of protection. I went, was denied. When I told the city boss what happened they directed me to go back and that judge was directed to rehear the case and give me one. He did. Then the agency head had his son, a police lieutenant personally go to my ex’s house to directly speak with him. I have no idea what was said but it must have been good as he never bothered me again.

But that was after having to put my horse in hiding, taking a years leave of absence so I could personally guard my home, loss of income, loss of time, expenses from damage etc and my ex showing up at a horse meeting, interrupting it to make a speech about how I wronged him while he chugged beer.

My biggest mistake was keeping it all quiet. Protecting my friends.

Suffice it to say, narcs don’t stand a chance now. And thankfully in most places, domestic violence is taken very seriously.

[MHM]

Knights Mom, so sorry you had to go through all that.

[eggbutt]

For almost two years I have been browbeaten for “victim shaming”. I am glad to finally see public legal information indicating who the true victims were in this situation.

Standard disclaimer applies.

[Scribbler]

General comment.

Where I live, we have a fairly robust Human Rights Tribunal. People win damages against employers, landlords, and police.

However, the big point is that if you want accommodations for a mental or physical health condition from some authority, you need to request that. Say you are fired from your job for being late every day, and then you go to the HRT saying “they can’t fire me because I have neurasthenia” or whatever. That doesn’t work because you needed to tell your employer you had a condition and ask for accommodations in advance. They can’t guess that you are depressed, chronic pain, arthritic, etc etc all those not obvious disabilities. Or even that you are having a psychotic break, as opposed to being merely loud and obnoxious.

So not having been there, it’s impossible to know whether the attending police should have recognized MB was in a borderline state if he himself did not say so and perhaps did not even recognize it at the time. I expect the police saw this as primarily a civil suit type issue and the players as drama queens. I also know that when you are involved with true craycray, the stories of what’s going on sound exaggerated to uninvolved third parties.

So it doesn’t sound like MB identified himself as mentally ill at the time, or even if that would have been a useful strategy to get help from the police. It usually isn’t.

My feeling is that this suit against the police force will not be winnable, but as others upthread suggest, that’s not the point. It’s putting a strong defense argument out there in public.

I would assume that all the factual dates and times are true. Of course the other stuff about how MB felt and presented himself is subjective. That’s the point of a civil suit, to prove damage and suffering. Any civil suit plays up the damage and victim hood etc, that’s how they work. That’s the part the court decides.

[eggbutt]

@eggbutt

Unbeknownst the BARISONE, Safesport, the organization which purports to
protect people from abuse and harassment within the pursuit of sports, had multiple complaints about Kanarek from persons Kanarek had harassed, stalked, and/or otherwise endeavored to
“destroy.”

Yet again, SS is in the picture and never did anything (that anyone knows). How many here have contacted SS about her actions and been told it is a “private matter”?

[MorganSercu]

@Scribbler

So it doesn’t sound like MB identified himself as mentally ill at the time, or even if that would have been a useful strategy to get help from the police. It usually isn’t.

Even if he did, that rarely leads to a good outcome with police. The times we have had to call 911 (suicidal threats or ideation is not something I take lightly) we were terrified that it would do more harm than good and yes, we really did have to call 911. There are some situations when you have to recognize that you are out of your depth, too close to the issue, need help - but badges and guns are often not the best answer.

YMMV (thinking of KM in particular).

[Libby2563]

@Knights_Mom

Statutes of Limitations in many courts has been paused due to Covid.

True, but not for the entire duration of the public health emergency. In NJ the SOL were tolled March 16 - May 9, 2020 (https://www.uslaw.org/files/Compendiums2020/COVID-10_Statute%20of%20Limitations/2020_USLAW_NETWORK_COVID_19_Statute_of_Limitations_Quick_Guide_COMPILATION_version.pdf), so people just get an extra 55 days. The SOL for this case would still be looming on the horizon. Disclaimer: not a lawyer in NJ.

[trubandloki]

@Scribbler

So it doesn’t sound like MB identified himself as mentally ill at the time, or even if that would have been a useful strategy to get help from the police. It usually isn’t.

I think one of the points being made (in the court filing) was more that MB was telling the police, in words, out loud, over and over again that he was in fear for his life and the lives of his girlfriend and the kids.

His mental state and his history have more to do with the shooting and his breaking point. Not his need for the police to actually write a report that when they are out next time will show that there is a history here that MB is truly in fear for his life and the lives of his girlfriend and the kids.

[Libby2563]

@Scribbler

My feeling is that this suit against the police force will not be winnable, but as others upthread suggest, that’s not the point. It’s putting a strong defense argument out there in public.

Maybe @vxf111 can chime in here but I don’t think a civil suit is the ideal forum for putting any substantive defense “out there in public” before a criminal trial. There will be time in the criminal case for a proper defense. When you reveal extensive details surrounding the circumstances of the case, you lose an element of surprise in your trial strategy and expose the defense to impeachment etc.

@Scribbler

I expect the police saw this as primarily a civil suit type issue and the players as drama queens. I also know that when you are involved with true craycray, the stories of what’s going on sound exaggerated to uninvolved third parties.

Agree! Also, police deal with interpersonal cray-cray ALL THE TIME and it very rarely escalates to assault with a deadly weapon, so I imagine it’s easy to become complacent. That doesn’t excuse the delayed reporting and refusal to let him speak with a supervisor (assuming this is all true, since a civil pleading is just one side of a story), but it could explain why the officers didn’t think they were responding to the crime of the century. At minimum though, he should have been advised how to initiate charges himself and seek a restraining order or whatever NJs’s equivalent is.

[vxf111]

I started to scan this thread and there were already nearly 100 posts, many with erroneous legal statements. THIS IS NOT MEANT AS A CRITICISM. I know these concepts are foreign and hard to understand for non lawyers. But it’s really hard and time consuming to come into a discussion mid-stream and correct everything and then respond. I don’t have it in me ATM. One person says something wrong and 3 others build on it… and on and on… it’s like a knot by the time I get there. First I have to untie it before I can meaningfully engage.

But I do think it’s interesting that Barisone has now filed a 1983 case and the complaint provides a very different narrative than LK’s narrative in her tort case. Not unexpected that they view the events very differently. But this is an interesting read.

[trubandloki]

Sorry that we make things so difficult for you @vxf111. I do appreciate you helping us understand the legal side of things.

[vxf111]

Please don’t take it that way. It was not meant to be a criticism. It really wasn’t. I know everyone here is trying to engage in good faith. And it IS confusing (especially now with 3 separate cases going!) I just don’t have the time/energy to respond right now. I read the complaint. I am interested (and now invested in following these cases more than I was before they were discussed here). It’s just too hard to wade in ~100 posts in with lots of them based on wrong assumptions.

[Knights_Mom]

Please let me know if you can/when you can if any of my responses are incorrect. Learning is a good thing!

[FitzE]

Were they saying in the document posted here that LK’s family did not allow her to live in the family home and that’s why the father got involved and insisted she be allowed to live on the farm? I didn’t follow that part of the document well. I thought:

• she lived there one season then left for NC when MB left for FL
• she returned the following season to live there, but at some point MB didn’t want her to live there and asked her to leave
• at that point her father got involved trying to force the issue of her living there
• this side contends that that is b/c the family does not allow her to live under their roof

Is that what’s being put forth here?

[Sdel]

@FitzE

• she lived there one season then left for NC when MB left for FL
• she returned the following season to live there, but at some point MB didn’t want her to live there and asked her to leave
• at that point her father got involved trying to force the issue of her living there
• this side contends that that is b/c the family does not allow her to live under their roof

I gathered that she was only allowed to live at the farm in the first place was because the father forced the issue. I hope there is some paper trail for that claim. I can’t see any logical reason why he would feel the need to force MB to let her stay at the farm vs pay for a rental elsewhere except the fictional idea that she needed to be close to the horses.