Wading in here for the first time in a couple years—the last time earned me a nasty, threatening PM, so I must have really rung her bell. But first the usual caveats: this is all speculation (which is fair game, cough, cough.) I’m not an attorney and know even less about NJ law specifically.
I suspect MB is guilty and will be found guilty of 2nd degree (or similar) attempted homicide. Although there might be some bickering as to whether its first or second with the prosecutor saying possession of an illegal handgun proves intent with the defense saying he was in fear for his well-being since the cops were being completely useless. All the legal action now? Has nothing to do with a verdict and everything to do with SENTENCING—how long he is in prisoned after the trial.
The law actually says: “some people deserve to be shot.” Although I’m doubtful anything will come out that would suggest LK was deserving of anything more than some serious in-depth psychiatric care–if even a fraction of her behavior is true. The reality is the law says there are exceptions and that under threat a person is allowed to defend themselves. More interesting is what judges (or juries) tell us in sentencing. And judges make exceptions too.
This is an extreme example, but an interesting case if anyone wants to waste a few hours. Gary Plauce’s son was kidnapped, taken to California and repeatedly sexually molested. After arresting Jeff Doucet for the crime the police were returning him to Louisiana and walking through the airport when Plauce standing at a bank of pay phones turned around and shot Doucet in the head at point blank range killing him. It was all captured on news video—which you can dig up, but warning it is distressing. Plauce was found guilty of murder, BUT he was sentenced to a 7 years suspended sentence, 5 years of probation and 300 hours of community service. He did no time other than what he served waiting for the trial. His defense was very similar to MB’s in that he was under severe mental stress and not rational at the time of the shooting. So judges do, or at least can, take events that lead to a crime under consideration—even terrible, gruesome crimes with no doubt of guilt.
I think that’s what all this current legal jockeying is about. How much of LK’s behavior can they get into the record, included in the trial and then considered in the sentencing decision? What happened in the CPS meeting that had just taken place, and what had he been accused of? To me that’s a big question. Was she trying to establish a paper trail of sexual abuse of a minor to get SS on his case so she could literally ruin him? A judge isn’t going to think kindly of that, I suspect they might even have strong feelings about it.
IF it ever even goes to trial. Can you imagine the prosecutor pulling out his/her hair? Every time he turns around she’s out in public making the case for MB with her irrational behavior. At some point you have to believe that neither the prosecutor or her family wants all this to come out to the wider public which is why I don’t think there will be a civil case either. Talk about dirty laundry, and it ALL comes out in a civil case—the threats, the pattern of behavior and past victims of her attention, the drugs, the boyfriend’s criminal past, the family history. Yeah, no.
And MB, does he even have any parking tickets in his history? A hard worker, who created a thriving business, and reached the top of his sport. His lawyers are setting the stage for a negotiation. Typically the sentencing for attempted homicide without intent is 5-15 years and time actually served is less than that. His counsel is getting things into the public record that show MB is a victim too. My bet is they are going to try to settle for time served. Maybe a little extra for the illegal gun possession. But the goal isn’t a not guilty/guilty verdict, it is to get him out as soon as possible so he can try to reconstruct his life. With LK out there making the prosecutor’s life more difficult he might not be too averse to that result either.
