I’ve had requests to comment on TDPK’s courtroom demeanor in the each of the three times I’ve seen him in action.
The first time I saw Brett Kimberlin was in the lobby of the Montgomery County Courthouse in Rockville, Maryland, on 5 July. A short time later the Peace Order appeal trial (Kimberlin v. Walker) got underway in a courtroom on the 9th floor. Brett Kimberlin was well dressed and well groomed. He might have passed for one of the lawyers in the building. At the beginning of his “prosecution” of Aaron Walker, TDPK’s manner appeared confident and his voice strong. As his presentation was met with successful objections and as the judge kept ruling his “evidence” didn’t meet the requirements of the rules of evidence, Kimberlin’s manner became more strident. By the end of the trial when the judge found that there was no evidence to support a Peace Order, TDPK’s shoulders were slumped and his voice whiney.
The next time I saw Brett Kimberlin was in the Old Courthouse in Rockville for the Kimberlin v. Norton Peace Order appeal trial. This time TDPK was wearing the same suit, but it looked as if he had slept in it. The whole “trial” was over in a matter of about 5 minutes because TDPK was smart enough to withdraw his petition. His manner was quite subdued.
The third time I saw TDPK in court was the Walker v. Kimberlin, et al. hearing last week. He was in the same suit again, slightly less rumpled. When he was explaining his motion to the judge, he was whinny from the very beginning, and he seemed to visibly flinch when the judge cut him off and began asking pointed questions. I was in the second row from the back in the courtroom, so I had a good view of him as walked out after the hearing. He was definitely not a happy camper after being told that he had less than 7 hours to comply with discovery in the case.
So how has his demeanor changed from July to October? He seems more strident and whiney. It’s almost as if he’s beginning to understand he’s fighting a losing battle but isn’t at the point of admitting it yet.
As the net draws tighter, it’s reasonable to expect that TDPK’s level of frustration will increase. I’m keeping both eyes open.
UPDATE—Aaron Walker has reminded me of how poorly Brett Kimberlin handled being questioned about SWATting during the July trial. As Mr. Walker says, TDPK “lost his cool” during Reginald Bours’ probing. He has never become that agitated when being questioned by a judge.
UPDATE 2–Spelling error (lousy autocorrect) fixed. Thank you to Dyspeptic Curmudgeon for proofreading support.