Updated barisone lawsuit 10/29/21 post 851

[eggbutt]

@trubandloki

@Jojomo

If MB and MGH were as fearful as claimed in the document two years later, why didn’t they seek a restraining order? That was my my question.

I can not speak for what was going on in their heads, but it could simply be that they thought any number of things were required to get one. After so many calls to the police not getting any support, why would anyone think the courts would give them a restraining order?

And after actually going to the PD to talk with a supervisor and getting nowhere!!!

[Angela_Freda]

And after contact with the police, wouldn’t they have been advised, during those contacts, with the best, safe, legal route to rectify the situation?

A perfect opportunity for the PD to advise would have been when he was at the Police Dept seeking to speak with a supervisor, I would imagine.

[Jojomo]

@Ambitious_Kate

@Jojomo

point was that MB was not acting in a vacuum; other people (particularly MHG) were going through the ordeal with him, and if his fragile mental state was so obvious that the cops should have noticed it, that raises the question in my mind as to why his fragile mental state was not also obvious to those in his circle.

Why do you think it wasn’t obvious to those in his circle?

If it wasn’t obvious to those in his circle, some of whom would know his personal history, that explains to me why it wasn’t obvious to the police.

[Jojomo]

@cutter99

@skydy

Yes, her behavior towards him is relevant. Her behavior towards others, the judge may consider irrelevant.

Do you honestly believe it is not relevant that she was threatening others, and not just MB? It shows a pattern of behavior that many have said is common for her. This forum has witnessed that behavior right here.

You might be surprised who finds this pattern of behavior relevant!

It’s an insanity defense. Stuff she did to him that his lawyers allege resulted in his mental breakdown is relevant in explaining and establishing the mental breakdown that is part of his defense.

How does whatever she did to the GJ or SW people years ago pertinent to his mental breakdown?

[Angela_Freda]

To show she has a history of this, it’s not just that he (MB) says so, but others corroborate his experience.

[RND]

@Angela_Freda

To show she has a history of this, it’s not just that he (MB) says so, but others corroborate his experience.

Well, except for that pesky little fact that none of the others shot her in response to her actions. MB is the only one that we know of who couldn’t keep his marbles together enough to not shoot her.

[Brown_Derby]

@Angela_Freda

To show she has a history of this, it’s not just that he (MB) says so, but others corroborate his experience.

This might vary by judge. Last jury I sat on allowed for no past history of offences/arrests to be admissible.

[trubandloki]

@Brown_Derby

This might vary by judge

I would guess the variable is more the specifics of the situation than the judge.

[avjudge]

@FitzE

Gen X for the win!!

Booooooorn freeeeeeeeee! As free as the wiiiiiiiind blooooooooows!

Now you’ve gone and done it. I caught up on CotH over breakfast, and now I’m catching this running through my head. Aaaaarrrrggghh!! (Is there a tearing-your-hair-out emoji?)

I never saw the movie but I’m old enough to know the song.

[Nous]

@Brown_Derby

This might vary by judge. Last jury I sat on allowed for no past history of offences/arrests to be admissible.

Was this for the defendant or a prosecution witness?

I think there’s a difference regarding prejudicial evidence about a defendant’s propensity to commit a crime versus evidence that a prosecution witness may be prone to lying and / or criminal behaviour.

[Brown_Derby]

For the defendant. After the trial I searched his history. Decades of past convictions for selling and possession of narcotics with a few robberies & stolen vehicles thrown in. Really a nasty fellow and actually appeared high after lunch recesses.

[Angela_Freda]

@RND

Well, except for that pesky little fact that none of the others shot her in response to her actions. MB is the only one that we know of who couldn’t keep his marbles together enough to not shoot her.

If you do it enough, to enough people, sooner or later you may meet with someone less able to handle it.

And for me, the jury is still out on whether her being shot was intentional or the result of … Well, we’ve all hashed out the other, plausible scenarios…

[Sdel]

I think that is common for the defendant because the trial is about those specific charges. But the witnesses are different and the attorneys are free to attack credibility. There may also be leeway for the testimony to establish “frame of mind”……

And for all those poo-pooing the lack of “direct threats”, as anyone in a psychological abuse situation will know….there are very few direct physical threats that will trigger outsiders. It’s done subtlety, over time, with a lot of verbal and non-verbal innuendo. Someone threatening to hurt a horse would not just go out and say it….they’d talk about what a shame it’d be if a certain horse got hurt and then they would do something like create scenarios where a large flighty animal might “spook” or get hurt that were “accidents”. Also, I don’t think it’s coincidence that MB’s brief makes claims of arson threats……and unprompted LK came to the forum and called the barn a fire hazard a year before any claims of arson threats were made.

[eggbutt]

@Angela_Freda

If you do it enough, to enough people, sooner or later you may meet with someone less able to handle it.

And sadly she is still practicing her craft as evidenced here on CoTH.

[eggbutt]

It just occurred to me how ironic it would be if one or more of the defense witnesses are actually CoTH posters who received LK’s messaged threats. I do not have any information this is the case, but certainly is a possibility!

[Jealoushe]

@Nous

I think there’s a difference regarding prejudicial evidence about a defendant’s propensity to commit a crime versus evidence that a prosecution witness may be prone to lying and / or criminal behaviour.

I don’t know, its always very surprising what they won’t allow in court.

I just watched a YouTube video last night about the Lululemon murder. The murderer was known shoplifter, was moved to this other store to work because she was caught stealing at the original store.

She was just caught again and the other worker called the supervisor to advise her. After work the employee who was the thief killed the other worker who told on her. Brutally.

In the trial none of that information about her stealing either before or after was allowed to be entered into court.

[Jealoushe]

@eggbutt

It just occurred to me how ironic it would be if one or more of the defense witnesses are actually CoTH posters who received LK’s messaged threats. I do not have any information this is the case, but certainly is a possibility!

That would cause a mistrial. Which doesn’t help anyone.

[cheval_convert]

There are 3 books by Joy Adamson about Elsa and her progeny. Read them when I was a teenager.

[Jealoushe]

@Angela_Freda

If you do it enough, to enough people, sooner or later you may meet with someone less able to handle it.

And for me, the jury is still out on whether her being shot was intentional or the result of … Well, we’ve all hashed out the other, plausible scenarios…

and then that person ends up in jail.

I think the self defense theory has been washed, no? Aren’t they going for insanity now? or is it still up in the air?

[skydy]

@LilRanger

I think @skydy was saying this in the context of a criminal trial. There are explicit rules excluding evidence of past actions in criminal trials.

Civil trials have much more leeway.

Yes, thank you, I was considering the criminal trial judge’s likelihood of excluding past behaviors of the victim that had nothing to do with MB. Civil court is another matter altogether.