Over the past couple of days, I’ve posted TDPK’s Motion to Dismiss and the accompanying exhibits for the federal Walker v. Kimberlin, et al. civil suit. Let’s do a bit more fisking of his narrative.
<fisking>Let’s examine page 4 of the motion.
These actions by Plaintiff resulted in scores of death threats against Defendant, …
Scores of threats? A score is 20. Scores, plural, would be at least two score or 40. At least 40 death threats? Has one been documented?
… stalkers outside his home, …
Stalkers? Plural? The only one accused was John Norton. The result of that was Mr. Norton not having anything on his record and a peace order against TDPK still standing. Who was “stalking” whom?
… threats to his pre teen daughter and mother, …
Undocumented so far as I know, but, if true, inexcusable.
… and even threats against the District Court Judge and State’s Attorney for Montgomery County.
Threats against a judge or a DA are taken seriously by law enforcement. To date, the official reaction has been … [crickets]
Therefore, Defendant filed a second Peace Order against Mr. Walker. The State’s Attorney, numerous Commissioners, and more than a half dozen District and Circuit Court Judges properly handled all the litigation filed by Defendant in State Court.
Which is why TDPK ended up losing every case.
Defendant’s Peace Orders were approved by the Commissioners as Interim Peace Orders, and by District Judges as Temporary and Final Peace Orders. The first Peace Order was valid for three months and then dismissed by the Circuit Court because Defendant could not prove that Plaintiff would commit another assault
District Court in Maryland can be somewhat informal. Circuit Court adheres strictly to the rules of evidence. Moreover, the appeal of a peace order to Circuit Court results an a trial de novo, a fresh trial with the burden of proof on the petitioner seeking the order. The peace order was quashed simply because TDPK could not prove that it should ever have been issued, i.e., because his complaint was bogus in the first place. TDPK’s case was so weak that Aaron Walker didn’t even offer a defense, and the judge ruled in Mr. Walker’s favor. TDPK appealed the case to the Maryland Court of Appeals (the top court in the state) which declined to hear it. Oh, and as a result of the Circuit Court trial, while the peace order was in force for three months, it was never valid.
The assault charge was nolle prossed by the State’s Attorney, …
After viewing the surveillance video of the altercation and seeing what happened.
… and the second Peace Order was dismissed by the Circuit Court as overbroad since the District Court judge had ordered Plaintiff to stop harassing Defendant online.
No. That’s not what the judge ruled, as anyone with a copy of the transcript can see.
All right. I’ve reviewed the testimony that’s been submitted. I’ve considered the documents that have been submitted by Mr. Kimberlin.
Mr. Kimberlin is requesting a, the issuance of a peace order against Mr. Walker on the basis of harassment and/or stalking. There certainly is no evidence to support stalking. …
Mr. Kimberlin is arguing that the exhibits that have been introduced into evidence constitute harassment, in that this is a course of conduct that alarms or seriously annoys him. …
Based upon everything that I have reviewed, these are blogs and tweets that Mr. Walker has issued that this, I’m not satisfied has been directed directly to Mr. Kimberlin. They’re about Mr. Kimberlin and about his opinion concerning what Mr. Kimbelin has done that impacts him. But I do not find that there is sufficient evidence to support harassment that would permit the issuance of a peace order.
Accordingly, I am going to deny the request for a peace order.
Judge Rupp did not have to rule on whether or not the peace order was unconstitutionally overbroad because he found that, once again, there was no basis for a peace order at all.
Getting back to TDPK …
At no point in any proceeding in the State Court did any judge issue any order or determination that Defendant abused the legal system.
The question was never raised.
In fact, when the Circuit Court judge dismissed the second Peace Order, he specifically rejected Plaintiff’s request for attorney fees.
So what? The motion for fees is pro forma and is almost always denied.
And the State’s Attorney flatly rejected Plaintiff’s false narrative that Defendant was being abusive. Exhibit K.
I may be missing something, but when I went back and read Exhibit K, I couldn’t find any part of it that dealt with the question of whether or not TDPK was abusing the legal system.</fisking>
That takes us through page 4 of 14, and that’s plenty for one sitting.
<mockery>There’s a line from The Princess Bride which the Gentle Reader may remember my using from time to time: “You keep using that word. I do not think it means what you think it means.” Well, as inconceivable as it might seem, TDPK keeps pointing to documents such as Exhibit K and asserting that they mean something other that what they clearly mean. He also tells tales about events that have transcripts which contradict his storytelling. He tried to tell his own tale in his recently shot down appeal of the first peace order discussed above, but it was contradicted by the trial transcript. That didn’t work, but he’s trying the same tactic again in this case.
Let’s see … doing the same thing over again expecting a different result … what’s that the definition of?</mockery>
Nonsense such as found in this motion could possibly rise to the belly-laugh level if it weren’t for the damage TDPK has caused in so many folks’ lives. Justice is taking a while, but she is coming for TDPK and his crew. Meanwhile, we can watch as they try to evade what’s coming.