The Gentle Readers of a certain age may remember a character from the song Alice’s Resturant named Officer Obie. At the end of the two Kimberlin v. Walker peace order trial, TDPK seemed to be getting the message that in Circuit Court he would share Obie’s experience of not having all of his “evidence” admitted.
And the judge wasn’t gonna look at the twenty-seven eight-by-ten color glossy pictures with circles and arrows and a paragraph on the back of each one explaining what each one was to be used as evidence against us.
Yet, he kept going with a peace order filed against John Norton who TDPK alleged he caught lurking in the bushes around his house. BTW, the Google Street View of the Kimberlin residence shows no such bushes. Mr. Norton counterpunched with his own peace order and offered photographic evidence of TDPK pursuing him on the road. The photograph shows TDPK saluting Mr. Norton with half of a peace sign. The judge at the 11 July District Court hearing granted both peace orders.
Mr. Norton, being the kind of person who had nothing on his record other than traffic tickets, appealed the peace order granted against him. (Although, as I noted in an earlier post, Mr. Norton is the sort of person who might frighten TDPK; he has a background in EOD.) TDPK, perhaps realizing his track record in Circuit Court trials, filled a motion to dismiss the case as moot since the peace order had expired by the time the de novo Circuit Court trial came due. Mr. Norton was having none of that. He wanted a trial because he wanted his record cleared. And TDPK has another possible reason to want to avoid further questioning in the matter. During the District Court hearing, he appeared to claim that he had never been sent to prison as a result of the Speedway Bombing convictions. He might not have wanted to have been forced to testify further about his actual record as contrasted to his 11 July denial.
I attended what I thought would be the trial on 5 September. However, Mr. Norton’s lawyer met TDPK before the trial and they agreed to the following disposition. TDPK presented his motion. Mr. Norton’s attorney opposed it, and the judge ruled in Mr. Norton’s favor. TDPK then withdrew his petition for a peace order which left Mr. Norton’s record clear. This permitted TDPK to avoid being cross examined.
However, the peace order against TDPK was left standing. He started the ball rolling against John Norton and had it come back to run over himself. Of course, a peace order gets lost in the noise on TDPK’s rap sheet.
All of this lawfare spun out of TDPK’s 2011 lawsuit against Seth Allen. Aaron Walker had offered some legal help to Mr. Allen and, thus, came in TDPK’s sights. TDPK also tried to go after Seth Allen in 2012 for a contempt citation. We review how that turned out tomorrow.