I understand that jury selection is intended to weed out people with preexisting bias against either party in a trial.
But once the trial is underway, then the lawyers for both sides will try to bring in any piece of evidence that the judge will allow. Many trials do involve the lawyers trying to sway the jury about the character and personality of their clients. In a jury trial the jury makes the decision, after all. And the jury can come up with surprising decisions some times.
The jury decides if the defendant is guilty. The judge then sets the penalty. I think the jury can also recommend reduced charges.
If I were the lawyer for the defendant I would certainly be using as much of the cray cray SM material as the judge allowed.
I should have said that you are āa personāĀ LK has threatened to sue. If someone has threatened to sue one person, it is more likely than not that they have, or will, threaten to sue others.
As you point out, there are two phases, guilt or acquittal, then sentencing if found guilty.
Consider the penalty phase first. IF he were found guilty of one of the charges so that there is a penalty phase, the defendant gives a statement, as I understand it, and can continue to claim innocence, or can express remorse. With respect to character witnesses and bringing in information on how much Barisone has contributed in the past, is likely to contribute to society in the future, how this was a complete out-of-character aberration, etc, the defense definitely will try to sway the jury as to how respected and admirable the defendant is.
As I further understand it, the victims also get to make statements regarding the impact of the crime on their lives. I would be very surprised if the defense gets to impugn the character of the victim in the penalty phase. I really donāt see Bilinkas going in and saying, āyes, the jury has decided that she is the victim of a serious felony committed by my client, but really, itās pretty understandable that she was shot because sheās cray-cray, sheās obnoxious on SM, and she goes around threatening to sue people.āĀ While the character of the defendant is relevant in the penalty phase, I donāt see how the character of the victim is relevant.
With respect to the first phase of the trial, I think ājustice is blindāĀ implies that whether MB is a top trainer or a bad one, is admired by legions or disliked, and the likability or otherwise of the victims, SHOULD play no role in the trial. The stature of MB and the SM reputation of LK may creep in around the edges, but the ideal is that those considerations should not influence the outcome at all.
Based on the article, Bilinkas is going to try to prove that LK has multiple times falsely alleged fraud. So if she falsely alleged that MB committed insurance fraud wrt a broken water pipe, and stated that on FB, that would be relevant. But advising people that you are contemplating suing them is not a crime, so I donāt see how SM evidence to that effect is relevant.
The SM posts come across as seriously unhinged, self contradictory, and in many cases threatening. I agree they tell their own story. The only question is going to be how many end up being admitted by the judge. I expect that the prosecution as is normal will keep raising objections. I expect that the defense team will want to include as many as possible.
Agreed. I realize that everyone responds in their own way to trauma, but her social media posts make her seem almost gleeful about being shot ā¦ as in, it was totally worth it because it got her attention and has ruined MBās career and probably life. It does not point to someone who is well-meaning and mentally stable and was just in the wrong place at the wrong time.
[insert standard disclaimer stating that doesnāt mean she deserved to be shot]
The unhinged tone preceded the incident, however.
So I agree with you about her tone after, but also note her SM posts preceding the incident were cray too.
It all goes to character and intent. What was LKās intent for remaining on the property, calling SS and CPS, bullying, taunting, harassing, illegally recording? And we all are aware of her character based on her SM posts.
I believe LK will be as much on trial as MB and her current SM posts are quite relevant IMO, particularly the new accusations of JH stealing her rings. If that were true, whereās the evidence and police report, including crossing the barriers of a crime scene. Keep in mind, her boyfriend and her daddy were at the property the day after the shooting to check on her horses and, as some have claimed, to threaten MH since she called the police.
This will be the most important, notorious event of LKās life. In 5 years no one will remember her name, just as most in Wellington right now donāt have a clue who she is or even care who she is. She will need to find another victim to satisfy this level of attention in the future.
You might be on to something here. I bet LKās intent by staying on the property, calling SS and CPS, bullying, taunting, harassing, illegally recording, was to get shot by her trainer, so itās definitely not all MBās fault that he shot her. We all know itās acceptable to shoot people if they do those things to you if their perceived intent is to get shot twice in the chest at point blank range.
Also, the fact that she has consistently engaged in bitter social media wars with many, many people who are not MB (and many likely not even KNOWN by MB) is evidence that her being shot by MB is at least partially her fault. I mean, come on, she has threatened to sue people on social media! And she absolutely SHOULD be on trial for getting shot as much as MB is for shooting her; after all, someone might have stolen her rings even though no one has seen evidence of that.
And thank god someone remembered that her boyfriend and her father showed up at the farm after the shooting - of course MB shot her; who wouldnāt have done so under those same, unforeseen at the time circumstances? I just donāt see any way the judge and jury wonāt end up sending LK to jail for getting herself shot and letting MB go free. I mean, itās only fair given the evidence, right?
Since you seem to know, what was her intent? Gosh, I am so sorry I didnāt add the required āno one deserves to be shotā caveat to my post.
I mentioned her boyfriend and father being on the property only in relation to her accusation that JH entered āherā apartment the day after the shooting and took her jewelry, going through the police crime scene barriers. It is her boyfriend who has no job and could have crossed the barriers to enter the house, take what he wanted to sustain himself until he was paid again by LK. Thatās as reasonable as now, months later, accusing JH of theft!!! Whereās the police report of her loss?
I am thrilled you have arrived to post on LKās behalf. We need more input and fantasy for this thread. Everything this woman does reeks of her poor character.
You donāt need to add the caveat because, as you already know, it is meaningless.
As for the rest of this post, how do you think any of it helps MBās defense?
If LK is cyber bullying people, those people need to press charges against her and those cases will proceed separately from the MB shooting case.
If LK is wrongly accusing people of theft, those people need to press charges against her and those cases will proceed separately from the MB shooting case.
If LK is wrongly accusing people of fraud, those people need to press charges against her and those cases will proceed separately from the MB shooting case.
If LKās relatives have threatened people, those people need to press charges against her and those cases will proceed separately from the MB shooting case.
If LKās boyfriend snuck into the house after the shooting and stole LKās rings because he has no job, that has absolutely nothing to do with why MB shot LK and will have no bearing on MBās trial (Iām sorry but how do you not know this???).
None of these hypothetical cases will help MBās lawyer explain why it was ok for his client to shoot LK in the chest at point blank range. MBās lawyer may have evidence that we donāt know about that will come out in the trial that will help his case, but none of the reasons you have put forth to date are even slightly helpful to MBās case, especially the ones that happened after the shooting (how anyone can NOT understand this is absolutely mind boggling to me).
You ask āWhat was Laurenās intent for remaining on the property?āĀ
Avowed scrollers: scroll on by!
I have a theory (quel surprise). Based on what Bilinkas said in the court hearing that is the purported topic of the thread, I explained why I thought his statements suggested, to me, that Bilinkas was anticipating defending against a prosecution theory that the motive was an attempt to cover up fraud.
It does not make sense that LK would install listening devices because she anticipated overhearing a murder plot. Thatās just too bizarre.
However, if LK thought that she was being defrauded by Barisone, and wanted to gather evidence for a civil lawsuit, her intent in staying may have been to document the fraud.
It has been established that it is in her character to threaten to sue people. Perhaps she was preparing to actually sue him for fraud.
Making a recording of someone without their permission may or may not be a crime, depending on the circumstances of the recording. So itās premature to keep referring to the recordings as āillegalāĀ.
Just my theory. I am not asserting it as āabsolute fact!āĀ Maybe she stayed just to irritate the hell out of him, hoping he would shoot her and almost but not quite kill her.
Youāre right: eggbutās ramblings about LK, LKās boyfriend, LKās father, JH, stolen jewelry, unemployment, ācrossing barriersā, and lack of police reports:
āI mentioned her boyfriend and father being on the property only in relation to her accusation that JH entered āherā apartment the day after the shooting and took her jewelry, going through the police crime scene barriers. It is her boyfriend who has no job and could have crossed the barriers to enter the house, take what he wanted to sustain himself until he was paid again by LK. Thatās as reasonable as now, months later, accusing JH of theft!!! Whereās the police report of her loss?ā
all being evidence that MBās lawyer can use in his defense at trial (and LK SHOULD BE ON TRIAL TOO AS MUCH AS MB!!11!!11!) makes so much more sense than what I said.