The hearing on The Dread Pirate Kimberlin’s motion to compel Google to give up the identity of Kimberlin Unmasked in the Maryland Kimberlin v. Walker, et al. lawsuit was the last item that the court heard this morning. Other than the judge and his two clerks, the only individuals in the courtroom were Brett Kimberlin and one of the Kimberlin daughters; Kimberlin Unmasked’s lawyer and a law student working with him; Google’s lawyer; and my son William and me. There were no other eyewitnesses. I was present both as a party to the case (I am one of the et al.) and as a blogger/reporter.
Putting on my blogger hat …
TDPK spent around 15 minutes trying to make his case. His presentation was not well organized, but the judge got the gist of it and cut him off. There were a pair of affidavits submitted to support Kimberlin’s motion. One was objected to on the grounds that it was from TDPK who is not allowed to testify in Maryland courts because of his prior perjury conviction. The other was from a member of his family. I will not discuss that affidavit because it deals with a Kimberlin family matter which I believe should remain confidential for now.
Kimberlin Unmasked lawyer made a proper defense of why his client should remain anonymous. The judge did not agree.
Google’s lawyer took no position on the merits of the matter. He submitted a draft motion of what Google was willing to provide, and Kimberlin agreed to that order. Google will provide the current IP address and current name associated with the account in question.
After the judge recessed the court, TDPK went over to the two lawyers to work out some details. I was sitting close enough that I overheard the conversation. Neither my son nor I heard either lawyer offer any sort of apology to Brett Kimberlin for anything.
After Kimberlin left the area, I went to Technical Services and bought a copy of the courtroom audio for the hearing. This report is based on the notes I took during the hearing and a review of that audio.
I have been informed that Kimberlin Unmasked will not appeal the judge’s order. The Gentle Reader can make of that what he will.
Putting on my party-to-the-case hat …
I will have no further comment on the hearing or the judge’s ruling.
UPDATE—I will clarify one point. The second affidavit was not from Mrs. Kimberlin.