Updated barisone lawsuit 10/29/21 post 851

[3PonyFarm]

Thank you!

[Sdel]

@3PonyFarm

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.

Yes, but catch 22….what evidence is there except his word if as claimed they refused to document his visit.

[Knights_Mom]

Defendant files Motion to dismiss
Plaintiff files an opposition to the motion
Defendant files a reply to the opposition. That reply both counters the opposition papers as well as further supports their motion.

That’s how it usually goes. I haven’t read the new filings.

[Knights_Mom]

@Sdel

@3PonyFarm

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.

Yes, but catch 22….what evidence is there except his word if as claimed they refused to document his visit.

Witnesses. Parking receipt. Can be anything.

[3PonyFarm]

I wonder if they have video of any interactions they have with the public at their station. It seems like it would be a good idea for them to have that.

[eggbutt]

@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.

Most Police Stations have audio/video recording of public areas. They can pull the tape of the day in question and review it.

[eggbutt]

The police attorney basically says the cops have qualified immunity and can’t be sued. He also states that there is no statute for filing erroneous police reports. In other words, cops can do what they want, when they want and report what they want.

It is strange to me this was transmitted on 9/21 but is just now being filed to dismiss.

We’ll see what the judge rules.

[Jealoushe]

Thank you for your educational answer

[Jealoushe]

I’ve seen cases thrown out for less so I don’t know it seems like a conflict but guess not.

I’m legit trying to have a decent discussion not sure why the replies have to get so ridiculous and off point ranting.

[eggbutt]

@Jealoushe

I’ve seen cases thrown out for less so I don’t know it seems like a conflict but guess not.

I’m legit trying to have a decent discussion not sure why the replies have to get so ridiculous and off point ranting.

I think several of us are trying to understand what these filings say and mean. I rely on several posters here for guidance and one local NC attorney. Relying on anything that isn’t NJ based could be misleading since they are fluent in NJ law.

[Jealoushe]

Yes I really appreciate the knowledge here! Just trying to wade through the confusion lol

[BrendaJane]

that should work well for DAs when they try to make a case
‘is this what happened? or is this what you wrote in the report a week later?’
that should give the defense an opening wide enough to float an aircraft carrier through with room to turn.

[Jealoushe]

I’m curious why the police would have acted this way if it is true to statement. Anyone have any ideas why they would have treated MB this way?

[BrendaJane]

classism, misogyny, boners, laziness…take a pick

[Sdel]

@Jealoushe

Anyone have any ideas why they would have treated MB this way?

Because there is a big push to believe that women can’t be at fault/aggressors and men can’t be victims. You’d better believe LK played the “victim” of the “crazy man” in every encounter leading up to this incident.

[Jealoushe]

Seems like the cops get it wrong a lot. In the Petito case they believed the abuser and not the pretty white woman.

[eggbutt]

@Jealoushe

Seems like the cops get it wrong a lot. In the Petito case they believed the abuser and not the pretty white woman.

It happens all the time. A woman can make an accusation and it is immediately believed.

[RND]

@Knights_Mom

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’m having a very hard time understanding why some here believe that because LK has annoyed other people beyond belief before the shooting, those annoyed people will be an asset to MB’s defense. There are literally millions of people in this country who annoy many, many people during their lifespans, and not one of those annoyed people is allowed by law to shoot the annoying person, not even the twentieth or even the hundredth person to be annoyed by the annoying person. It just doesn’t work that way here in the US.

[Sdel]

@Jealoushe

Seems like the cops get it wrong a lot. In the Petito case they believed the abuser and not the pretty white woman.

Psychological stuff is hard….it’s subtle with no defined actionable trigger and designed to make the abused seem crazy and be dismissed.

Scenario….?

A kid reaches over and tips the steering wheel, while a parent is driving, to push the car toward the other lane with oncoming traffic. He says it didn’t happen. Parent says it does.

Who do you believe? Assume it really happened…… would you be afraid for your life? Would you expect the cops to believe you if you reported it, or would you expect them to consider you crazy because the abuse dynamic isn’t “standard”?

Hint: true story.

[eggbutt]

@RND

@Knights_Mom

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’m having a very hard time understanding why some here believe that because LK has annoyed other people beyond belief before the shooting, those annoyed people will be an asset to MB’s defense. There are literally millions of people in this country who annoy many, many people during their lifespans, and not one of those annoyed people is allowed by law to shoot the annoying person, not even the twentieth or even the hundredth person to be annoyed by the annoying person. It just doesn’t work that way here in the US.

Annoying isn’t close to what LK does to her victims. She pushes and pushes and pushes to the extreme with threats and harassment. Until you have been around someone like her it is hard to comprehend. I 100% believe what her previous targets have said. Just look at what she did to anonymous posters here, threatening them with all sorts of things and lying saying The Chronicle had given her identities. You have no idea how far she will go once she finds her next target.

That is not to say anyone has “permission” to shoot anyone, but there are times when individuals have been pushed to their limits (ie CPS accusations on top of everything else).

Many don’t buy the idea he wasn’t attacked when he arrived at his house.