Yesterday, we compared TDPK’s testimony during the 8 February Kimberlin v. Walker peace order hearing with the evidence of what actually occurred during the 9 January altercation. Today, let’s look at a couple of the questionable statements in his testimony during the 11 April de novo trial of that matter. Again, I’ve underlined the relevant passages in red.
In his opening statement (p. 5) TDPK misrepresents the result of the District Court hearing.
The District Court found, by clear and convincing evidence, that Mr. Walker has been harassing and that he assaulted me in this courthouse on January 9th, 2012.
Uh, no. That’s not how the judge ruled. He only ruled on the question of harassment. He made no finding concerning assault. You can read his ruling for yourself here. Scroll down toward the very end of the transcript.
Reading the 11 April transcript, it seems that both the judge and Aaron Walker’s lawyer had a great deal of difficulty trying to hold TDPK to the issues relating to his peace order petition. (The expression like trying to nail Jello to the wall comes to mind.) Under cross examination (p. 77), this was one TDPK’s versions of the “assault.”
Q In that e-mail, did you say, I just finished pressing charges against him for assault and battery and got a peace order against him. Nine deputies had to back him off. He decked me in the face, hit me in the shoulder and chest, pushed me, grabbed my iPad away from me, and wrestled me.
A That’s true.
As we’ve seen, that tale is inconsistent with the surveillance video of the altercation and is contradicted by the testimony of one of the responding deputies.
Of course, there are other examples of TDPK testimony being challenged by reality in almost every appearance he has made in court. Tomorrow, we’ll take a look at his testimony during the 29 May peace order hearing, yet another example of possible perjury being ignored by the Montgomery County State’s Attorney.