UPDATE: Dread Pirate #BrettKimberlin Hearing Postponed


Here is a narrative of what I saw in court today. Before I get started, I should explain the kind of session held this morning. It was to deal with motions and orders that could be covered in 30 minutes or less. When Judge Potter called the roll of cases, most needed only one to five minutes of the court’s time. Normal procedure is to call the quick cases first so that those folks don’t have to stay longer than necessary.

When he called Walker v. Kimberlin, et al., TDPK responded that he needed 10 minutes, and Dan Backer, Aaron Walker’s lawyer, asked that the time be extended to 20 minutes. Judge Potter then called the case first, ahead of the shorter cases, saying that he felt that since more than 30 minutes would be necessary to resolve the issues before the court, he wanted to postpone today’s hearing, consolidate it with the hearing scheduled for 9 November, and reschedule everything on a date when more time would be available. Also, TDPK had a subpoena duces tecum served on the Prince William County Police, and the County Attorney has filed a related motion which the judge wanted to cover in the same hearing as well. The first free date was 4 December, and that was the date agreed to.

The judge said that it seemed that he was seeing this case “every Friday” and that he wanted to get through the pre-trail motions. All of his previous orders regarding discovery and confidentiality remain in effect. He also mentioned that there were over 500 pages of discovery material. That implies two interesting things. First, since it’s obvious that TDPK’s non-responsive response probably runs less than ten pages, the data dump from Aaron Walker must have been substantial. Second, the judge is looking at the discovery material, and that’s something judges rarely do.

Dan Backer has yet to file responses to the TDPK’s motions which were to have been heard on 9 November. If he had won his motions today, TDPK’s motions would have been moot. It’s reasonable to assume the Mr. Backer is now at work on his replies. I look forward to sharing them with you after they are filed.

<mockery>If TDPK thinks that he came out ahead today, he should realize that his karma account is growing with compound interest.</mockery>

There were some other interesting developments related to the case today that I am running down. So stay tuned.

Oh, and don’t worry. We won’t run out of popcorn.

 

4 thoughts on “UPDATE: Dread Pirate #BrettKimberlin Hearing Postponed

  1. I still wonder what the hell PWC P.D. and the County Attorney can add to the motion for sanctions?

    TDPK possibly thinking he came out ahead today, implies to me that he probably left the court house with a s**t-eating grin plastered on his smug little face. Karma can be a b*tch.

    • My guess is that they want to quash TDPK’s subpoena. If he’s trying to get info on the Aaron Walker SWATting, the police may not want give out information on an active investigation—especially to someone who a) leaks information on the Internet and b) may either be or be associated with a person of interest in their investigation.

      • I figured that he was fishing for SWATing info. What I don’t get is how he thinks he can get that info while fighting a motion to be sanctioned. Especially when one of the counts is wasting the courts time by adding things into court motions that do not matter to the motion he is filling. I can’t imagine the judge would even let him start asking questions on any subject to someone from the PD or County Attorneys office.

        Unless…he subpoenaed for the information as a means of regular discovery and was told that he would not be given that information, instead of as part of his defense on the Sanctions motion.. He might be trying to get the court to force them to give the information. Which SHOULD go over like a lead balloon unless TDPK can really dazzle the judge with BS into thinking it is relevant to his case.

  2. If I might hazard a guess, I think that it’s likely that TDPK likely provided copies of every image from the “Everybody Draw” blog. That would likely account for the vast volume of pages, but still be totally unresponsive to the discovery requests. TDPK thinks that he can get away by saying to the court “look, look its my free speech, its protected.”

    As for PWC PD, I concur he’s probably fishing for info on the SWATting, which PWC PD is not going to give him due to his likely involvement, or at least his leaky nature.

    What he doesn’t realize (and is very quickly going to find out) is that refusing to answer questions properly asked gets you sanctioned financially and probably thrown back into the pokey.

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