Updated barisone lawsuit 10/29/21 post 851

[Nous]

I think this is the rule:
https://www.law.cornell.edu/rules/fre/rule_609

[eggbutt]

@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.

Why? Because she threatened them as well? I wonder if the prosecution is aware of her continued threatening behavior? And, don’t start the preaching of traumatized victim…that excuse died when she began lashing out at innocent posters. Except for being shot, LK/RG have caused similar dustups over the years.

[skydy]

From a quick read, these rules seemed to be addressing the admissibility of criminal convictions.

[Angela_Freda]

@Jealoushe

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?

I’m not sure we know anything of the sort.

[Jealoushe]

I’m trying to have a civil conversation so maybe you can try to.

A defense witness participating in a thread about the case…with the victim and hiding under a screen name…you don’t think the judge would throw the case out and want a do over? The witness will surely be seen to have a bias and agenda.

[Jealoushe]

ahh ok. I thought it was by the way some posters were posting.

[eggbutt]

@Jealoushe

I’m trying to have a civil conversation so maybe you can try to.

All I did was ask “why?” and then began my diatribe of her trauma as a victim, which always seems to follow any post I make that isn’t a link to legal briefs that bark at LK. Sorry. Didn’t mean to come across as ugly or difficult.

[Knights_Mom]

@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 just may be the case.

[Knights_Mom]

@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.

Wrong.

[Knights_Mom]

@Nous

I think this is the rule:
https://www.law.cornell.edu/rules/fre/rule_609

States may vary. Cornell is a NY school.

[Jealoushe]

Instead of just saying wrong, can you explain? A defense witness posting under alias in a forum about the case where the victim also posts wouldn’t be an issue? Really? Sending messages to each other possibly?

Im surprised.

[Ghazzu]

@Jealoushe

A defense witness participating in a thread about the case…with the victim and hiding under a screen name…you don’t think the judge would throw the case out and want a do over? The witness will surely be seen to have a bias and agenda.

Why, if the poster were sworn and answered any questions truthfully?
Of course said witness has a bias and agenda.
Every witness does.

[eggbutt]

@Jealoushe

Instead of just saying wrong, can you explain? A defense witness posting under alias in a forum about the case where the victim also posts wouldn’t be an issue? Really? Sending messages to each other possibly?

Im surprised.

Are you confusing witness with juror? For sure a juror would have to recuse themselves, but a witness has the same freedoms as a defendant or plaintiff (victim) I would think.

[Knights_Mom]

@Jealoushe

Instead of just saying wrong, can you explain? A defense witness posting under alias in a forum about the case where the victim also posts wouldn’t be an issue? Really? Sending messages to each other possibly?

Im surprised.

Why are you surprised? I’m surprised that you are surprised.

The defense attorney has collected thousands of social media posts by LK. If LK threatened someone else it is POSSIBLE the defense would use it, no? Otherwise why would the defense attorney be saving all those pages? Balinkas is a skilled trial attorney is he not?

Why would LK feel the need to wipe her FB clean? Why freak if someone mentions she posted she had guns? Why not show a modus operandi to illustrate her threatening or harassing others to show a pattern a behavior to convince the jury that one thing led to another to substantiate MBs mental state defense?

I have no idea of the defense’s strategy but I believe it was said they have thousands of pages. Of what, cookie recipes?

[eggbutt]

@Knights_Mom

Of what, cookie recipes?

You silly goose! Apple pie recipes!!

[Knights_Mom]

@eggbutt

@Knights_Mom

Of what, cookie recipes?

You silly goose! Apple pie recipes!!

Sowwy.

[LilRanger]

@Jealoushe

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?

Learning to promote two conflicting theories at the same time, with the same evidence is why law school costs so much money!
While I don’t really know what is going on in the case strategy-wise, there is an “in the alternative” pleading model that allows the pleader to put two different reasons forward as defense/claim that are not logically connected. Meaning, you could say, “MB was not thinking clearly when he had the gun; in the alternative, he was doing what any rational person would do in this circumstance by acting in self-defense.”

This type of argument is why not-lawyers don’t understand lawyers, because “rational” people don’t do this. But lawyers do, because really, it depends… Which is incredibly annoying.

[3PonyFarm]

Could one of you legal peeps translate to us non legal peeps what the reply brief that was filed today means. It looked like to me that the defendants still want to claim qualified immunity and that the cross motion should be dismissed. @eggbutt do you happen to have a pdf of it? Thanks

[3PonyFarm]

They do not address that he was unable to meet with a supervisor even though they are legally required to allow someone to file a complaint against an officer(s). To me if he did go there to ask to speak to a higher up and they did not allow him to do so that is one of their biggest failings in this matter.

[eggbutt]

@3PonyFarm

Could one of you legal peeps translate to us non legal peeps what the reply brief that was filed today means. It looked like to me that the defendants still want to claim qualified immunity and that the cross motion should be dismissed. @eggbutt do you happen to have a pdf of it? Thanks

It is a motion filed by the police to dismiss. I haven’t had a chance to read it yet, but here is the file:
Notice-of-motion-to-dismiss-11-1-2021.pdf (2.0 MB)