I think there is still so much about mental health that is misunderstood and still not accepted as a legitimate health condition even by some medical professionals. I am very curious about how it is going to be handled in the criminal trial. It seems that statistically insanity defenses donât work well. I would be interested in others thoughts.
Yum! Cookies! I have been craving no bake cookies but donât have the makings for them. When I do make them they seem a little dry. I would love a good foolproof recipe for them.
Have to make French apple cakes too. Iâm toying with the idea of dying the sugar topping green for a âpoisonâ apple cake. Iâm just not sure it that will make it unappetizing .
If a party files a Motion to Dismiss and that Motion is denied/Dismissed WITH prejudice that means that party is precluded from filing that motion again and the case goes on.
Is that what happened?
If THE CASE was dismissed with prejudice that would be highly unusual at this stage being the case hasnât been heard yet.
It will be interesting to see how much evidence of the victimâs behavior will be allowed by the judge in the criminal trial. It will take some good lawyering to have the victimâs behavior admitted into evidence.
If this debacle actually gets to trial, I wonder if the prosecution will call R.G. or L.K. as witnesses. Iâm guessing they wonât, but weâll see.
In the civil matter, the relevance aspect will be broader and more can be demanded of the individuals involved, both plaintiff and defendant.
I think one or two of her previous victims might be called as witnesses for the defense. Bilinkas said he has approximately 30 witnesses to call and the prosecutor said he didnât have âthat manyâ when the judge asked him (trying to estimate the time duration of the trial).
Witnesses are asked questions and they answer. Itâs the QUESTIONS that may be objected to, not the testimony unless a witness gets wildly inappropriate.
I suspect the defense will be trying to establish that LK habitually harasses people severely enough to affect their mental health to support the insanity defenses.
Yes, that is the point I unsuccessfully tried to make. Their testimony may not be allowed because the questions put to them (and thus their testimony) are not relevant, as decided by the judge.
The defense can call many people to testify. Just because they are called to the witness stand does not mean that they will be heard.
Iâm thinking an attorney like Balinkas knows exactly how to play the questions so as many questions as possible are answered in a way favorable to the defense.
If they know who the judge will be (they do) they know that judgeâs political affiliations, likes, dislikes, triggers, conviction and sentencing records. They know or will get to know the makeup of any jury chosen. And its Balinkasâ job to play all these factors like a fiddle. Thatâs what makes a good defense attorney expensive, valuable and effective.
âLegal scholars who spoke with NBC News said lawyers use language that blames accusers to reduce the perception of responsibility defendant has in the situation. These defenses are used to absolve defendants of liability using claims of self-defense, provocation, defense of others and defense of property.â
I watched the 48 Hours episode âMoment of Truthâ about the Vertetis trial. The judge and defense attorney are the same as in MB case. I thought the producers gave an unbiased account of the situation. Both the defendant and the victim were not particularly likable. The show covered some of the trial as well. They touched on some of the testimony, the evidence and the events leading up to the shooting. I thought they did a good job showing both sides.