Today in Montgomery County Circuit Court, I watched convicted bomber Brett Kimberlin get away with lying about me, claiming that I had said and done things I have not done. Before the court was the defendants’ motion for summary judgment in the Maryland case Kimberlin v. Walker, et al. In the end, the judge denied the motion, so that we’re going to trial Monday.
This is madness, and the details will be discussed later. But long story short, I’ll spend the next four days preparing for trial. Your prayers are earnestly requested, and please remember the Five Most Important Words in the English Language:
UPDATE: John Hoge has more on the case at Hogewash.
It was a disappointing but not unexpected morning. Thus, I can truthfully say that all is proceeding as I have foreseen.
[…] UPDATE 2—I did not attend the hearing this morning, but Stacy McCain did. His report is here. […]
All of you are in my prayers.
Any mention in court today of his motion to reconsider sanctions imposed on the first of August? And isn’t that payment due today?
Good luck, and give ’em hell.
And, the travesty continues.
Godspeed.
Well, now we get to see Brett Kimberlin in action in front of a jury. Should be … interesting.
You all continue to be in my prayers.
It was not on the docket.
As I understand it, with a motion for summary judgement to dismiss, the judgement has to made under the presumption that the plaintiff’s allegations are true. Thus for purposes of the motion, BK’s allegations are considered truthful. In the actual trial, BK must prove the allegations.
Hoge had the right attitude. If you have a lying sack of shit saying one thing and honest people saying other things, you still have a dispute of material fact and have to go to trial. Disappointing but not madness. Give Brett enough rope and…
Good luck and God speed.
BK must prove allegations and has the burden at trial.
[…] TOM: Truth on Trial […]
My understanding is that Kimberlin, like any witness, is absolutely immune from being sued for libel for anything he says in court as a witness testifying under oath.
But if, in fact, Kimberlin lies under oath about material matters, then doesn’t he open himself to possible prosecution for perjury? Assuming in the end that Kimberlin isn’t believed, and you win, perhaps you can ask the judge to recommend to the relevant prosecutor that Kimberlin be prosecuted for perjury. There ought to be some consequence for lying under oath, beyond losing the litigation itself.
Also, are efforts being made, or will they be made, to have Kimberlin be held to be a “vexatious litigant,” so he won’t be able to sue people in the future without getting advance permission from a judge?
He can’t testify in Maryland, because he has a conviction for perjury.
You will be very much in my thoughts.
It is more convoluted and absurd than you can imagine. Under Maryland law he is not even allowed to testify at all because he is a convicted perjurer. I am not sure how he intends to present a case. I guess he will use proxies.
You need to read up on this case to see just how bad our justice system really is. There have already been a lot of shenanigans that went unpunished.
All I know is I don’t want to ever hear another damn word about how the courts are underfunded or undermanned when they can let cases like this one consume this much time and this many resources.
In the Halls Of Justice, the only Justice is in the Halls. -Lenny Bruce.
Give ’em Hell, Stacy.
Still with the priest collar BS?
It isn’t BS. I am a Seminarian, enrolled in a degree program pursuing a degree in Theology with a major in Christian Social Work. Scoff all you want. Go as Bill Schmalfeldt, who attempted to attack me through the Seminary. He got back a very polite yet stinging reply. Of course, this was after I authorized them to release the information without even knowing who was attacking or what exactly was said.
No, you are mixing different motion standards.
Could you elucidate?
[…] TOM: Truth on Trial […]
I hope you, John, and the other defendants, IN A LEGAL SENSE, break it off in that pipsqueak’s arse.
[…] TRUTH ON TRIAL […]