Updated barisone lawsuit 10/29/21 post 851

[Knights_Mom]

@3PonyFarm

Thank you, do you need to see more? Unfortunately I don’t think the redline portions are showing up here. There is something at the end that may be important, I will copy that.

Ok. I went thru the doc in like a minute. I may have missed something - just as a disclosure.

I don’t think more is needed. Depends on how specific people want.

[3PonyFarm]

Thank you for looking at it!

[Knights_Mom]

@3PonyFarm

Thank you for looking at it!

Wait till it looks like this (I almost make it a mathematical equation)

P files case
D files Mot 1 Dism Cmplnt
P files XMot 2 Amend Cmplnt
P files P Opp to D Mot 1 Dism Cmplt
D files D Opp to P XMot 2 Amend Cmplt
P files Reply to P XMot 2
D files Reply to D Mot 1 Dism Cmplnt

[3PonyFarm]

That does look like a mathematical equation! Do they ever settle or just file motions for eternity?

[Knights_Mom]

@3PonyFarm

That does look like a mathematical equation! Do they ever settle or just file motions for eternity?

Parties settle, withdraw, Discontinue or go forward all the time.

If its Discontinued with prejudice the case cannot be refiled.
If its Discontinued without prejudice the case can be refiled or renewed again.

[Sdel]

Interesting changes……much more specific claims on false reporting and discharging a firearm…

[MHM]

@Knights_Mom

If its Discontinued without prejudice the case can be refiled or renewed again.

So the whole process could just keep going round and round indefinitely?

[Knights_Mom]

@MHM

@Knights_Mom

If its Discontinued without prejudice the case can be refiled or renewed again.

So the whole process could just keep going round and round indefinitely?

No. Judges have to move their calendars. After awhile they get persnickety. They need dispositions for their higher ups to be happy.

[Knights_Mom]

We’ve gotten Judge orders that Person so and so is not permitted to file XYZ case again.

[MHM]

Interesting, thanks.

[Sdel]

AUG 1st incident:
Specific claim that the police didn’t document the minor reporting the threats by RG. Police report listed LK as “the victim” when MB called 911 to report the minor’s harassment.

Aug 3rd incident:
Fleshes out the recording devices and states that it is a crime to disclose unlawfully recorded oral communication and the police failed to investigate the crime reported to them. Specifically states the report of the recording devices was in the police report (that was dated Aug 8; after the shooting) and even though they contacted the prosecutor’s office they failed to mention the recording devices.

aug 4th incident:
Police left the victim spot “blank” and labeled the complaint “modus operandi”.

Aug 5th:
Police purposefully didn’t create a record of his visit to the police station to speak to a supervisor.

Those are the highlights….

[Jenerationx]

Thank you all for keeping up with this. Interesting developments about the recording devices.

[FitzE]

I’m astounded that people think they can set up secret recording devices on someone else’s property. Especially people who profess to know a good deal about the law. But, honestly, anyone who has ever watched a police procedural series since, like, the 1970s, knows at least something about the illegality of recording conversations depending on the status of the law in the state in question. It’s also a super easy google moment if anyone is unsure. But, certainly, any reasonable person would know to at least check before doing so.

I honestly cannot fathom what the end game was with the recordings as they were going to be illegal no matter what. And, no, I don’t think they would have prevailed on a ruling of “no expectation of privacy” in the barn by trying to argue that it was a public space. It was a communal space for the use of invitees to a private property.

[Ambitious_Kate]

Wow. Now I think I see the trend in how the police really were prejudicial against MB

[Knights_Mom]

@FitzE

I’m astounded that people think they can set up secret recording devices on someone else’s property. Especially people who profess to know a good deal about the law. But, honestly, anyone who has ever watched a police procedural series since, like, the 1970s, knows at least something about the illegality of recording conversations depending on the status of the law in the state in question. It’s also a super easy google moment if anyone is unsure. But, certainly, any reasonable person would know to at least check before doing so.

I honestly cannot fathom what the end game was with the recordings as they were going to be illegal no matter what. And, no, I don’t think they would have prevailed on a ruling of “no expectation of privacy” in the barn by trying to argue that it was a public space. It was a communal space for the use of invitees to a private property.

Usually a recording is a tactical effort to learn of any action against someone and to hear any dirty little secrets to use against them at a later time.

[Ambitious_Kate]

That’s what I’ve figured.

[trubandloki]

Thanks for updates. Extra thanks for taking the time to copy and paste and summarize too.

[Sdel]

@FitzE

I honestly cannot fathom what the end game was with the recordings as they were going to be illegal no matter what.

I believe the answer is was to incite fear. The brief also states that MB and others were receiving texts containing “transcripts” or rants based off of conversations they knew were said outside of LK hearing. I’m sure it was intended to look like she had a mole who was reporting things back to her.

The only thing I don’t believe is that they were having all these conversations right outside of her locker to be recorded by the one confessed to recording device location.

[trubandloki]

@Sdel

I believe the answer is was to incite fear. The brief also states that MB and others were receiving texts containing “transcripts” or rants based off of conversations they knew were said outside of LK hearing. I’m sure it was intended to look like she had a mole who was reporting things back to her.

If the goal was to break up MB and his girlfriend, making him/her think that the other was saying things about them to LK is a creative way to do that.

[MorganSercu]

It also sounds like middle school/junior high manner of thinking & interpersonal relationships.