That's a twist

[mbdsea]

@FatDinah

In some states, like Florida, there’s a “stand your ground” defense. Just speculating, but Barisone could say he went to the house, thought his life was in danger from LK, RG, this dog, and say he fired in self defense. Add in character assassination of LK and you might get a juror to refuse to convict.

I don’t believe there is such a law in NJ. And there is a duty to retreat before using lethal force. If he thought his life was in danger for some reason (even though he was the one with the weapon, it seems), he should have left.

In my experience, juries are actually pretty smart. Sure, there are outlier cases like OJ (Jeff Toobin’s book is a fascinating read on the case). But for the most part, I’ve had juries who see through any noise and make correct decisions as to the law on the facts presented. And jurors do watch the lawyers carefully. I also think jurors might find dredging up the victim’s (irrelevant) past or SM or personality traits distasteful. That’s my experience anyway.

Time will tell what his defense is, if any.

[GiveEmEl]

@FatDinah

In some states, like Florida, there’s a “stand your ground” defense. Just speculating, but Barisone could say he went to the house, thought his life was in danger from LK, RG, this dog, and say he fired in self defense. Add in character assassination of LK and you might get a juror to refuse to convict.

That’s a big stretch. For one, (at least according to LK) HE approached them. For another, no other weapon was located at the scene (unless that’s some huge hidden surprise), and if he was afraid wouldn’t it make more sense to shoot RG or the dog? (I believe LK is petite)

[La-LaPopRider]

@GreenWithEnvy

Something tells me this attorney will not encourage him to take a plea if he feels the evidence will fall in his favor with a jury. IDK. As someone said, OJ and so many other high profile cases have gone for the defendant.

We actually studied the OJ case extensively in my Crim Pro classes. The verdict had way more to do with the state failing to sufficiently prove their case- as opposed to the defense attorney being “so wonderful.”
As just a person speculating at this point, (bc I can’t comment on really anything pertaining to the case, unless it’s public already) the defense attorney here (I’ve watched tons of footage) will take a case, even if the evidence is NOT in his favor, bc he likes being in the spotlight. Also, bc, win or lose, a trial is way more costly for his client & he gets paid way more to go trial.

[mbdsea]

@La-LaPopRider

We actually studied the OJ case extensively in my Crim Pro classes. The verdict had way more to do with the state failing to sufficiently prove their case- as opposed to the defense attorney being “so wonderful.”

Yup. “Mistakes were made” re the prosecution of that case.

[GreenWithEnvy]

@La-LaPopRider

We actually studied the OJ case extensively in my Crim Pro classes. The verdict had way more to do with the state failing to sufficiently prove their case- as opposed to the defense attorney being “so wonderful.”
As just a person speculating at this point, (bc I can’t comment on really anything pertaining to the case, unless it’s public already) the defense attorney here (I’ve watched tons of footage) will take a case, even if the evidence is NOT in his favor, bc he likes being in the spotlight. Also, bc, win or lose, a trial is way more costly for his client & he gets paid way more to go trial.

Yes, just as it costs the state a lot of $$ to try someone rather than offer a plea. Money ALWAYS seems to be the common denominator in so many things.

[La-LaPopRider]

@Angela Freda

And the SUV belonged to… whom?
The story of the troubling vehicle was what?

Here’s the story on that- So,

Nope. Did you honestly think I’d answer that?

[La-LaPopRider]

@GreenWithEnvy

Yes, just as it costs the state a lot of $$ to try someone rather than offer a plea. Money ALWAYS seems to be the common denominator in so many things.

This case is going trial. Unless, MB himself & his attorney have some request for a plea, it’s going to trial. Money is always the common denominator- so true. Still… going to trial.

[La-LaPopRider]

@Wilbury Pie

Screen shot re: MBs statements from jail.

Seriously? Is this a real request? I certainly hope not.
How bout I just share the whole case, evidence & all! Yeah, no. That won’t happen either.

[YankeeDuchess]

@Wilbury Pie

Screen shot re: MBs statements from jail.

Huh?
Read the post. No suggestion that screens shots are available.

[La-LaPopRider]

@GreenWithEnvy

So, if there were cameras at the house, where are those recordings? I’m assuming with the PD? Were they your cameras or ones MB had installed earlier? Simply curious.

I am amazed MB is saying anything to any visitors unless he’s in a different kind of jail than I am aware of. Usually, prisoners are not allowed to discuss their case with anyone except their attorney under any circumstances.

The police have everything. All of our phones, computers, camera files, everything.
No one ever said MB follows rules. Dressage is a small community. He gets visitors on sundays & Tuesday’s. People have asked him “what were you thinking?” His answers got around.

[La-LaPopRider]

Can someone please direct me to FatDinah’s original post re- “stand your ground,” & my dog? Can’t seem to find it.

[YankeeDuchess]

@FatDinah

In some states, like Florida, there’s a “stand your ground” defense. Just speculating, but Barisone could say he went to the house, thought his life was in danger from LK, RG, this dog, and say he fired in self defense. Add in character assassination of LK and you might get a juror to refuse to convict.

To the extent that the defense wanted to use “character assassination of LK”, I expect that that is a double edged sword. Really subtle maligning of character might help the defense, but anything heavy handed I expect would backfire.

To paraphrase a well worn maxim, the trial will be held in a court of law, not an Internet forum.

[Mardi]

@La-LaPopRider

From what I hear, (people who have visited him in jail) - MB has changed his story about the shooting a million times. To some, he’s said he doesn’t remember. To others, he “blacked out.” And to others still, “he was confused.”

And that’s hearsay.
You’re not trying to persuade a potential juror, are you ?

[La-LaPopRider]

Originally posted by FatDinah View Post
In some states, like Florida, there’s a “stand your ground” defense. Just speculating, but Barisone could say he went to the house, thought his life was in danger from LK, RG, this dog, and say he fired in self defense. Add in character assassination of LK and you might get a juror to refuse to convict. [QUOTE]

Add in character assassination of MB & a jury will see right through him & never be able to unsee. Not that he’s a difficult read.
Just speculating here, but, typically, someone thinks his life in danger - does NOT go to the apartment of those he claims to “fear.” FTR- I’m 5’4 and 104 lbs. My dog, 25 lbs. Reread my post regarding the day of the shooting. It may clear up the dog thing. Also, self defense??? I’m not shocked by many things. Though, if THAT is what he tries to go with- after discovery, I WOULD be SHOCKED.

[ladyj79]

[QUOTE=La-LaPopRider;n10547755]
Originally posted by FatDinah View Post
In some states, like Florida, there’s a “stand your ground” defense. Just speculating, but Barisone could say he went to the house, thought his life was in danger from LK, RG, this dog, and say he fired in self defense. Add in character assassination of LK and you might get a juror to refuse to convict.

Add in character assassination of MB & a jury will see right through him & never be able to unsee. Not that he’s a difficult read.
Just speculating here, but, typically, someone thinks his life in danger - does NOT go to the apartment of those he claims to “fear.” FTR- I’m 5’4 and 104 lbs. My dog, 25 lbs. Reread my post regarding the day of the shooting. It may clear up the dog thing. Also, self defense??? I’m not shocked by many things. Though, if THAT is what he tries to go with- after discovery, I WOULD be SHOCKED.

I feel like a lot of users here think that when a trial happens the defense can offer countless hearsay witnesses, and present unlimited theories of the crime in the courtroom.

I’m unclear why they seem to think this, and I know everyone can’t be expected to have even basic knowledge of how criminal trials work, but it’s a bit surprising nonetheless.

[La-LaPopRider]

@Mardi

And that’s hearsay.
You’re not trying to persuade a potential juror, are you ?

Huh? Pretty sure it’s the job of the DA & the defense attorney to “persuade jurors.”
In any case, texts, emails, pms, dms etc… are not “hearsay,” if they come from the source. Even if it doesn’t come from the source, people can be compelled to testify by subpoena. Not sure of your intention of your super strange accusation?

[YankeeDuchess]

@La-LaPopRider

Can someone please direct me to FatDinah’s original post re- “stand your ground,” & my dog? Can’t seem to find it.

1406

[GreenWithEnvy]

@La-LaPopRider

The police have everything. All of our phones, computers, camera files, everything.
No one ever said MB follows rules. Dressage is a small community. He gets visitors on sundays & Tuesday’s. People have asked him “what were you thinking?” His answers got around.

Wow. Your friends visit him in jail and then share what he says? Or, is that like people who want to be involved say they saw him and he said, blah-blah-blah? That’s wild. Well, I suppose people are telling him what you’ve said. Crazy situation.

[YankeeDuchess]

[quote="“ladyj79,post:1437,topic:464204”]

@La-LaPopRider

Originally posted by FatDinah View Post
In some states, like Florida, there’s a “stand your ground” defense. Just speculating, but Barisone could say he went to the house, thought his life was in danger from LK, RG, this dog, and say he fired in self defense. Add in character assassination of LK and you might get a juror to refuse to convict.

I feel like a lot of users here think that when a trial happens the defense can offer countless hearsay witnesses, and present unlimited theories of the crime in the courtroom.

I’m unclear why they seem to think this, and I know everyone can’t be expected to have even basic knowledge of how criminal trials work, but it’s a bit surprising nonetheless.

They’ve spent way to much time on Internet forums and FB and they assume that a trial in a courtroom is pretty much the same as a thread on COTH. Thank god it’s not.

[La-LaPopRider]

[quote="“ladyj79,post:1437,topic:464204”]

@La-LaPopRider

Originally posted by FatDinah View Post
In some states, like Florida, there’s a “stand your ground” defense. Just speculating, but Barisone could say he went to the house, thought his life was in danger from LK, RG, this dog, and say he fired in self defense. Add in character assassination of LK and you might get a juror to refuse to convict.

I feel like a lot of users here think that when a trial happens the defense can offer countless hearsay witnesses, and present unlimited theories of the crime in the courtroom.

I’m unclear why they seem to think this, and I know everyone can’t be expected to have even basic knowledge of how criminal trials work, but it’s a bit surprising nonetheless.

So true. Eye witnesses, ear witnesses are considered direct evidence. In my reply FatDinah re: “character assassination,” it was more of a retort than actual answer. Nothing from 20 years ago will be relevant. Random stories about how wonderful or horrible mb or me Are will be relevant, most likely. Unless, recent convictions which indicate violent behavior are brought up, (which those types of things could well be relevant) - I don’t suspect a round -and-round of who is the “better citizen,” will be relevant. Only the facts of the case & corroborating evidence will be relevant, I’d suspect & expect.