LK has said that the vacate order pertained to a portion of the house, and not the part of the house that she and RG were residing in. The current filing is unclear as to whether the building department vacate order pertained to the whole house or to the “living space” occupied by MB and MHG.
I choose to reply at this time, @YankeeDuchess
Since when can SS or CPS have people committed?
Inquiring minds want to know.
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Let me turn that around on you. Barisone is faulting the police and the township for failing to “appropriately intervene” because they failed to notice that he was obviously on the verge of a mental breakdown. Correct?
What is the intervention the police should have conducted, given that it was MB who was do obviously suffering a mental breakdown, in a situation in which guns were alleged to be present?
WRONG. Yet again.
It’s about the police not intervening to either stop LK and RG from continuing to conduct themselves illegally or the failure to arrest them for it. Not even a summons nor desk appearance ticket was issued. No report of the police was cited telling LK et al to stand down was mentioned in MBs suit against the police. The police did nothing. There was a failure to act on their part.
Thankfully at least one of us is accustomed to reading legal documents and interpreting it correctly. And that’s me.
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I’m going to jump in here and explain how CPS works.
When they came out they would have spoken with the mother and with her permission, interviewed the children separately. They may or may not interview the AP (Accused Predator) at that time. As a rule that is done later if they feel it is necessary based on what the CV (child victim) reports. Regardless as to whether or not they felt they were a family unit, MB had no legal right to decide, intervene, or anything involving the children.
As far as who called CPS - no one will ever know except the person who called and CPS. All records for court will have that information redacted.
Now in most states though if a caller does call in just to harass, the state has the right to sue that person, although they rarely do because of labor and money. The person who had the call made against them cannot because they won’t be told who called it in.
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To the extent that what LK and RG were doing was illegal, and should have resulted in them being arrested and/or cited, how is it relevant that MB was agitated, visibly shaking, and obviously on the verge of a mental breakdown?
The suit assigns blame to the police and others for failing to intervene when it was supposedly obvious that MB was on the verge of having a mental breakdown and shooting someone. Why is his mental state even relevant if the whole issue is what LK and RG were doing? In two of the 911 calls, they were present in the barn after 9:00 pm and declining to sign some sort of document. Yes, MB wanted them “warned”, wanted the town officials to eject them. But neither of those two things is a criminal offense.
I can see that angle, that you wouldn’t want her to be in the line of fire again. I appreciate your talking it out with me. It’s not that I’m “against” you b/c I don’t agree with your POV or it’s a minority POV. I identified what looked like inconsistent application of various reasoning and I was honestly trying to understand where you were coming from.
I agree it would be much more interesting to discuss the case and not LK or YD, which is why the CE thread is better b/c at least one of those things is blissfully absent.
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Sorry. Apples and oranges.
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So you’re saying that even the court and the lawyers will not be informed as to who made the call?
According to @eggbutt, Barisone’s lawyers know who called CPS and according to her “it was not the police”.
If the police did make the report as a mandatory reporter, perhaps they could voluntarily disclose that they made the referral as part of their defense that they took the appropriate steps.
If the referent outs themselves that is absolutely their choice, not a smart choice, but it is their choice. However, in court papers, such a case recordings, the referent and any information that could out the referent is redacted.
When a referral is made directly to CPS, the police, lawyers, judges, etc. are never told who the referent is.
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Thanks. It’s refreshing to have the correct procedural information.
Here’s something to think about:
When someone asks you if you made a phone and you did not, in fact, make that phone call, what do you answer? No.
If what you answer instead is that you do, “not recall placing the call,” that is not no. That’s far from no. Especially if you claim perfect knowledge and recall of everything else surrounding the time/place/person in question such that your version of events is to be considered the definitive one.
It sounds a lot like paltering which, I read somewhere on here, is “a form of dishonesty” used to “avoid writing a literal untruth.” I also understand people “don’t like” people who indulge in this form of dishonesty/“rhetorical style”.
I guess only when it suits, though. Convenient, as always.
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General comment.
I don’t know if the lawsuit against the police really has legs. Generally such suits are filed by the victim of the crime. Not the perpetrator. So I am interested to see how this plays out.
I do think the civil suit could be a useful tactic in forming a defense for the criminal trial. I think we can take as true the timeline of events and persons involved. We must take as subjective the claims about MB’s mental state or about the motivations of the police officers. That doesn’t mean these claims are untrue. But they require corrboration. If the suit gets to court there will be more information. If it is dropped or settled outside of court we will not learn more.
There is still no clear explanation why LK went toxic so quickly.
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They are presenting the “eggshell plaintiff rule” in this filing, which is why they specifically use that term, eggshell. Despite the funny name, it’s a real thing one learns about in first year torts class. If you google it, there should be loads about it.
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Ok, interesting!
Saying you “do not recall” placing a call is “not no” and also “not yes”. If one actually does remember placing the call, saying that one does not remember placing the call is a clear untruth. But apparently the identity of the caller is not revealed by CPS, even to the court, so we’ll never know, unless the caller “outs” themselves.
According to the filing, Barisone remembers nothing of the day of the “Aug 7 incident”. I wonder if that’s the truth.
I can imagine that in the trauma of being shot and having been in a medically induced coma, LK might not recall whether she placed a call to CPS shortly before the shooting. I’ve never been in a medically induced coma, or any coma, so I’m not sure what it does to your memory.
Apparently @eggbutt now thinks it was SS who called CPS.
A source of domestic strife in our home! One of each here.
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I can say, with out a doubt, if anyone anywhere asked me that I have not called CPS. It is not a trick question and it seems like something that would be memorable to most people doing it.
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I think the whole purpose of this suit is to impugn the accuracy of the police reports for the criminal trial. I’m predicting that this suit will be dropped after the criminal trial is over.
MB has a counter claim in LKs suit against him, and that’s the one I see being pursued.
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Plus it’s the only thing that is un-recallable. We are meant to believe everything else up to and including the incident is crystal clear and happened as presented here and in various filings. Just not that one important detail.
Things that make you go, hmmmm.
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