Updated barisone lawsuit 10/29/21 post 851

[trubandloki]

@MorganSercu

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

I totally agree.

Which I guess explains to me why I had not thought of this as a reason for the recordings. I fail horribly at middle school girl most of the time.

But it really is a good point and could very well be the reason for the recordings.

[Sdel]

@trubandloki

But it really is a good point and could very well be the reason for the recordings.

I don’t think the prime intent was to break them up romantically. That might have been considered a prime perk though as a punishment for MH daring to take the Olympic hopeful MB was training spot and “barn queen” role from LK.

[LexInVA]

I definitely think she was trying to take over the barn and set herself up to be The Queen. If she could get large amounts of her father’s cash funneled into the business and control over the barn, she would be firmly entrenched and Barisone (and anyone else on the property) would have no choice but to obey her every whim or face the possibility of removal from the business and farm.

[Angela_Freda]

I hope 20/20 is following this.

It makes Dow’s story so, so much more intriguing when the other relevant parties (LK, RG, Kaneraks parents/family, previous victims of her well documented hideous behavior, etc…) are included.
Since all that is so easily dug up, it being buried in such a shallow hiding spot as the “never goes away” Internet, I’m sure it will be.

[Sdel]

It seems to me….the big head scratcher as to “what happened there” is that the police report about the recording devices was filed 5 days later, which seems to be a bit of a deviance from the filings of the others,….and done after the shooting. I just can’t believe that the shooting didn’t affect how that report was written.

[Jojomo]

@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.

I think that at the beginning of the filing, it said the redacted police reports would be included as exhibits. Those would be interesting.

[Sdel]

Not really. Because of the criminal case they black out everything but basic info: name, address, that kind of thing…

[Jojomo]

@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

I don’t understand the last two lines. Is that P filing a reply to P and D filing a reply to a D motion?

[Sdel]

The standard order is person A files a complaint against B, B gets to respond, and then A gets to respond to the response to rebut any arguments B makes.

[Jojomo]

@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.

Were the recording devices actually “secret” or did everyone know about them?
As a boarder, wouldn’t LK be an “invitee” to “communal space” on “private property”?

I see your point, but the secret/not secret, legal/illegal, and private/no expectation of privacy distinctions are a lot less obvious to me!

[trubandloki]

@Jojomo

Were the recording devises actually “secret” or did everyone know about them?

They are not secret now. I do believe at the time they were installed the property owner (MB in this case) was not informed about them, so they were a secret then.

@Jojomo

As a boarder, wouldn’t LK be an “invitee” to “communal space” on “private property”?

I am not a lawyer, do not play one on TV and have not stayed at a Holiday Inn - But I believe even being an invitee to the communal space does not give one a right to do as they please in that communal space and act as if that communal space is there own.

In other words, if you invite some casual friend over to your house that does not give them the right to install recording devices all over your house that they do not tell you about.

[Jojomo]

@Sdel

Not really. Because of the criminal case they black out everything but basic info: name, address, that kind of thing…

I think the police reports would be extremely interesting.

Redacted usually means the names are omitted.

[Sdel]

@Jojomo

Were the recording devises actually “secret” or did everyone know about them?
As a boarder, wouldn’t LK be an “invitee” to “communal space” on “private property”?

LK’s description of the purpose of the recording devices (to collect evidence of fraud/crimes against her) and until recently that there were “things” MB didn’t know about the shooting (video recording devices covering the exact location of the shooting installed the day before the shooting and after everyone else had moved into the barn) seem to imply that no one else knew about them. Also add in the claims of “overhearing” MB having conversations with his attorney and the texts describing private conversations. If they knew, do you think he’d park in front of the recording devices (admitted to as only being in/on her locker at the barn) to have these types of conversations?

Honestly, it seems LK set up the video cameras specifically to catch some altercation she thought she had hand crafted…only it went sideways.

[Jojomo]

@trubandloki

@Jojomo

Were the recording devises actually “secret” or did everyone know about them?

They are not secret now. I do believe at the time they were installed the property owner (MB in this case) was not informed about them, so they were a secret then.

@Jojomo

As a boarder, wouldn’t LK be an “invitee” to “communal space” on “private property”?

I am not a lawyer, do not play one on TV and have not stayed at a Holiday Inn - But I believe even being an invitee to the communal space does not give one a right to do as they please in that communal space and act as if that communal space is there own.

In other words, if you invite some casual friend over to your house that does not give them the right to install recording devices all over your house that they do not tell you about.

But being a boarder who contractually pays board in exchange for use of the barn facilities is not the same as “inviting some causal friend over to your house”.

I’m not actually disagreeing with you, just saying it’s not clear to me that various areas of the barn would qualify as areas with a “reasonable expectation of privacy” if a number of people had boarding contracts giving them the right to use those areas.

[Sdel]

Police reports are public record, so name doesn’t matter, but there is already another court case with a stay in place so that discovery of crime related details won’t be released and prejudice the criminal case testimony.

[Jojomo]

@Sdel

Police reports are public record, so name doesn’t matter, but there is already another court case with a stay in place so that discovery of crime related details won’t be released and prejudice the criminal case testimony.

Are you referring to the civil case by LK being stayed pending the criminal trial?

I don’t see how Barisone’s civil complaint against the police can proceed without the police reports.

[MorganSercu]

@Jojomo

But being a boarder who contractually pays board in exchange for use of the barn facilities is not the same as “inviting some causal friend over to your house”.

Being a boarder or lodger doesn’t give you license to install cameras in areas where privacy is expected. The office of the barn manager or owner, for example. Outside of others stalls or tack closets. Bathrooms.

Nor does living in a dwelling give you permission to enter private rooms and photograph them (the kids’ room or rooms), rifle someone’s bathroom cabinet to ascertain if they were taking any prescription medication, etc.

[Sdel]

@Jojomo

Are you referring to the civil case by LK being stayed pending the criminal trial?

I don’t see how Barisone’s civil complaint against the police can proceed without the police reports.

It can’t. But it is the reason why the police report was so heavily redacted in the exhibit filed in this to not really show anything but MBs name and address and make it totally uninteresting to look at.

[Jojomo]

@MorganSercu

@Jojomo

But being a boarder who contractually pays board in exchange for use of the barn facilities is not the same as “inviting some causal friend over to your house”.

Being a boarder or lodger doesn’t give you license to install cameras in areas where privacy is expected. The office of the barn manager or owner, for example. Outside of others stalls or tack closets. Bathrooms.

Nor does living in a dwelling give you permission to enter private rooms and photograph them (the kids’ room or rooms), rifle someone’s bathroom cabinet to ascertain if they were taking any prescription medication, etc.

I agree with you on the expectation of privacy for bathrooms, private living quarters, and the office of the barn manager.

I just think that barn aisles would not have an expectation of privacy, or that it’s unclear about an expectation of privacy.

[Jojomo]

@Sdel

@Jojomo

Are you referring to the civil case by LK being stayed pending the criminal trial?

I don’t see how Barisone’s civil complaint against the police can proceed without the police reports.

It can’t. But it is the reason why the police report was so heavily redacted in the exhibit filed in this to not really show anything but MBs name and address and make it totally uninteresting to look at.

So was it heavily redacted for the public filing but the judge and lawyers have access to the unredacted version?