WOW! New Info in Barisone-Kanarek Saga

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.

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Ahhhā€¦yes, thank you. I am surprised YD remembers this article from so long ago since she seems to forget what is in some of these threads.

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   I should have said that you are ā€œa personā€Ā 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.
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I said ā€œAs I remember it, ā€¦ ā€œ. Whether the assertion is true or not, I did not claim the statement as an absolute fact.

It is an absolute fact that I have never met LK, and I donā€™t know her.

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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 donā€™t see Bilinkas going in and saying, ā€œyes, the jury has decided that she is the victim of a serious felony committed by my client, but really, itā€™s pretty understandable that she was shot because sheā€™s cray-cray, sheā€™s obnoxious on SM, and she goes around threatening to sue people.ā€Ā While the character of the defendant is relevant in the penalty phase, I donā€™t see how the character of the victim is relevant.

With respect to the first phase of the trial, I think ā€œjustice is blindā€Ā 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 donā€™t see how SM evidence to that effect is relevant.

Agree, laying out her SM posts pretty matter of fact-ly tells quite a story, without any need to do much to push a narrative.

Besides the volume, the individual posts speak for themselves.

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Yes, the constant threatening people. In the COTH discussion alone she threatens to sue several people.

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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.

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Iā€™m not upset that you said it or anything, Iā€™m just trying to figure out WHY it was TMI?
Unfortunately I literally have nothing better to do.

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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 MBā€™s 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 doesnā€™t mean she deserved to be shot]

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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.

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Oh 100%. Including what she was saying online in the week leading up about black op vehicles and her recording everything.

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It all goes to character and intent. What was LKā€™s 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, whereā€™s 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 LKā€™s life. In 5 years no one will remember her name, just as most in Wellington right now donā€™t 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.

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She was ā€œjust in the wrong place at the wrong timeā€Ā?

Itā€™s not like it was a gang related drive by shooting, and the bullet intended for the rival gang happened to hit an innocent bystander.

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You might be on to something here. I bet LKā€™s intent by staying on the property, calling SS and CPS, bullying, taunting, harassing, illegally recording, was to get shot by her trainer, so itā€™s definitely not all MBā€™s fault that he shot her. We all know itā€™s 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 wouldnā€™t have done so under those same, unforeseen at the time circumstances? I just donā€™t see any way the judge and jury wonā€™t end up sending LK to jail for getting herself shot and letting MB go free. I mean, itā€™s only fair given the evidence, right?

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Since you seem to know, what was her intent? Gosh, I am so sorry I didnā€™t add the required ā€œno 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 ā€œherā€ 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. Thatā€™s as reasonable as now, months later, accusing JH of theft!!! Whereā€™s the police report of her loss?

I am thrilled you have arrived to post on LKā€™s behalf. We need more input and fantasy for this thread. Everything this woman does reeks of her poor character.

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You donā€™t 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 MBā€™s 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 LKā€™s relatives have threatened people, those people need to press charges against her and those cases will proceed separately from the MB shooting case.

If LKā€™s boyfriend snuck into the house after the shooting and stole LKā€™s rings because he has no job, that has absolutely nothing to do with why MB shot LK and will have no bearing on MBā€™s trial (Iā€™m sorry but how do you not know this???).

None of these hypothetical cases will help MBā€™s lawyer explain why it was ok for his client to shoot LK in the chest at point blank range. MBā€™s lawyer may have evidence that we donā€™t 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 MBā€™s case, especially the ones that happened after the shooting (how anyone can NOT understand this is absolutely mind boggling to me).

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Can we not respond to the Yā€™s on the thread - I thought we were going to scroll byā€¦ just WOW!

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You ask ā€œWhat was Laurenā€™s intent for remaining on the property?ā€Ā

   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. Thatā€™s 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 itā€™s premature to keep referring to the recordings as ā€œillegalā€Ā.  

       Just my theory. I am not asserting it as ā€œabsolute fact!ā€Ā Maybe she stayed just to irritate the hell out of him, hoping he would shoot her and almost but not quite kill her.
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Youā€™re right: eggbutā€™s ramblings about LK, LKā€™s boyfriend, LKā€™s father, JH, stolen jewelry, unemployment, ā€œcrossing barriersā€, and lack of police reports:

ā€œI mentioned her boyfriend and father being on the property only in relation to her accusation that JH entered ā€œherā€ 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. Thatā€™s as reasonable as now, months later, accusing JH of theft!!! Whereā€™s the police report of her loss?ā€

all being evidence that MBā€™s 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.

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