The Police v. Dread Pirate #BrettKimberlin

A policeman’s lot is not a happy one.

So sings the Sergeant of Police (a fun role for us Basses) as he pursues the “bad guys” in The Pirates of Penzance. A more recent unhappiness to befall the cops came in the form of a subpoena duces tecum from TDPK to the Prince William County (VA) Police Department seeking criminal investigation records relating to Aaron Walker’s SWATting.

Do you think that the cops want to turn over information on an ongoing criminal investigation for a civil suit? To a potential suspect?

The County Attorney has filed a Motion to Quash the subpoena on behalf of the Police Department.

The motion points out that civil litigants are not entitled to receive privileged information through discovery and that police records of investigations are privileged.

The motion also notes that, once again, TDPK has filed an untimely motion. TDPK often whines that he is acting pro se and cannot be held to the same standards as a lawyer. The County Attorney’s motion points out that

[s]urely, pro se parties are held to the same standard, as counsel, in being mindful of “reasonable notice” afforded individuals, and in particular to non-parties.

<mockery>Let me get this straight. TDPK actually thought the police would open up the records of a case to him when he is a potential suspect and one of his codefendants may be the prime suspect?

I’m not making this up, you know.</mockery>

I can’t see how this motion is anything but a slam dunk for the cops. The judge has consolidated this motion into the 4 December hearing. It should be interesting to see what having this kind of nonsense before him does for his patience.

I really should have invested in Orville Redenbacher. Stay tuned.

PROGRAMMING NOTE—As much fun as it is to razz and mock Team Kimberlin, the coming election is much more important. While I’ll have at least one post each day to jerk their chains, I plan to focus more on politics until Wednesday.

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