TDPK has spent a good deal of 2012 having to tend to legal matters. It’s been a mixed year for him with some good news. However, he has lost all of the cases that have been brought to a final resolution. Since it’s customary to do year-in-review articles around the end of December, Hogewash! will be taking a look at the Kimberlin v. Walker and Kimberlin v. Norton cases that made their way through the courts in 2012.
Let’s begin with the first of the two Kimberlin v. Walker peace order cases.
In January, there was an altercation between TDPK and Aaron Walker in the waiting area outside of the 9th floor courtrooms in the Montgomery County, Maryland, Courthouse. As a result, TDPK filed a criminal complaint against Mr. Walker for assault and filed for a peace order as well. After viewing the surveillance video of the incident, the State’s Attorney refused to prosecute Mr. Walker, but a District Court judge sustained the peace order. Mr. Walker appealed the peace order, and that matter was retried in the Circuit Court.
TDPK’s case was so weak that Judge Johnson threw out the case without Mr. Walker having to present a defense. That is, Brett Kimberlin presented no evidence to support the issuance of a peace order. None. Zilch. Zip. Nada.
Assume arguendo, for purposes of this ruling, that everything you said is true. So. It doesn’t come within the statute. By the Court saying the peace order should be denied, the Court is not finding in any way that the conduct that you allege occurred did not occur. Don’t have to reach that. Don’t have to go to the blogs, and to the Tweets, and to all of that. Don’t have to consider it at all because it’s not prohibited by the statute.
Of course, that did not prevent TDPK from filing a frivolous appeal, which we will consider tomorrow, or from filing another frivolous peace order.