Dread Pirate #BrettKimberlin and Perjury 3

Let’s take a look at the unprosecuted charge filed against TDPK relating to false information in his Petition for Peace Order filed on 9 January, 2012. Here’s a copy of the petition:

I’ve underlined a couple of items in red. First, note that TDPK alleges that Aaron Walker committed assault and battery. Second, note that he alleges that Mr. Walker struck him “in the face, chest, & shoulder.”

It appears that TDPK was unaware at the time that he filed the petition that there was surveillance video of the altercation. You can view that video here with a non-blow-by-non-blow analysis of the action. The petition claims that Mr. Walker hit TDPK at least three times, and the video convincingly shows that multiple blows were never struck. Indeed, the video shows TDPK setting his attache case down and holding his iPad up to (illegally) take Mr. Walker’s picture. It shows Mr. Walker taking the iPad. At no point does it show Mr. Walker touching TDPK. At no point does it show Mr. Walker winding up or following through on a punch. At no point does it show TDPK recovering from a blow.

So did an assault occur? As a Judge later noted, taking the iPad could have been an assault if there were no mitigation. If someone makes a move that looks like he’s threatening to swat you with an object like a iPad, would you feel justified in disarming him by taking the iPad from him? No. There was no assault.

Even if there had been an assault, there was no battery. Aaron Walker never touched TDPK.

No assault. No battery. No blow to the face. No blow to the chest. No blow to the shoulder. No truth to the petition. And no prosecution either.


We’ll examine another non-prosecution tomorrow. Stay tuned.

3 thoughts on “Dread Pirate #BrettKimberlin and Perjury 3

  1. This is the only one that leaves any room for doubt. If you WANTED to you could say that blows happened in the 2 seconds between shots in the film. Now, obviously that is false. As you said you never see TDPK recovering from a blow…I can see it being argued however. Especially by TDPK who is not afraid to lie his rear off when it suits him. He might be able to persuade someone sympathetic to him to vote that it did happen that way.

    The Prosecutor probably assessed that no harm was done to either party, so it was not worth the expense of taking it to trial. Now I DO think it hurt Mr. Walker. He had to take time to defend against this, and money to pay his attorney, etc. Not to mention ANY time you are accused of a crime it is a distressing situation.

    No, I agree that Brett Kimberlin is guilty of perjury on this petition. I think he should have been prosecuted. I’m not sure what the penalty is, which could also have been a factor in the Prosecutors decision to not pursue it. If the normal penalty is just a simple fine, it may not have been enough to even cover the cost of the trial it would take to convict. That could be a logical reason for not prosecuting a SINGLE count of perjury.

    However Brett Kimberlin had several counts against him. It shows a pattern of behavior. Brett Kimberlin is a liar, IMO. He will continue to lie as long as he can get away with it, and even when he can’t. He likes to tell a lie and probably could not stick to telling ONLY the truth if his life depended on it. I doubt he always consciously chooses to lie. He seems to lie without thinking about it, even when the truth will do.

    I wish I lived in Maryland, because if I did I would not only be writing the States Attorney., but the Mayor of the city this took place in, the Governor, my state and federal Senator, both my state and federal congressmen and whomever else I could think of that MIGHT be able to get this looked at seriously.

    Since I do not live in the state writing my Senator will probably get me a letter telling me he can not interdict in another state. The letter I wrote back in May or June to the States Attorney was never answered. I would assume that is because I am not a constituent.

  2. I’m not so sure the first one rises to the level of perjury. You don’t have to touch someone’s body to commit battrey, touching something held in their possession is sufficient. If I take your hat off your head – that’s battery. The “person” extends beyond the person, and may even include a person’s car.

    The second, that Aaron hit TDPK in the face, chest and shoulder is clearly a fabrication.

    Send a freedom of information request for all emails and documents related to any investigation and decision to decline prosecution of TDPK.

  3. It’s no surprise that the prosecutor does not want to prosecute. The elements of perjury are very difficult to prove. That’s why you don’t see or hear of such cases much.

    That said, leftist prosecutors don’t mind taking on politically correct perjury prosecutions when those arise. For example, Mark Fuhrman after the OJ trial. Hey, a cop supposedly lying about whether he’d used the “N word” in the last 10 years is a major thought crime. KimberlIn meanwhile is after all at the very least a fellow leftard traveler.

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