After reviewing the court audio (again) from yesterday’s Kimberlin v. Walker, et al. hearing on The Dread Pirate Kimberlin’s motion to compel Google to give him information concerning Kimberlin Unmasked identity, I believe that at no point in the proceeding did the judge announce a finding of any merit in Kimberlin’s defamation allegations. Now, it is true that the order to compel should not have been issued without TDPK demonstrating some merit to his complaint, but he offered no competent evidence of defamation. The judge made no explicit finding of any merit in what TDPK has alleged.
However, he did issue an order to compel Google—
Judge Algeo: Based upon the petition, the Court’s going to sign an order granting the motion to compel Google, Inc., to disclose the registrant of Kimberlin Unmasked blog.
And that was it. No other explicit findings.
I suppose that the Cabin Boy will go off on the idea that because the judge was supposed to find merit in the allegations, he must have. Yes, he should have, but I was in court and I didn’t hear him say it, and it isn’t in the audio transcript. OTOH, when the peace order was issued against the Cabin Boy last June, the Judge Stansfield explicitly stated that Bill Schmalfeldt’s behavior was harassment.
Oh, one more thing …
BK/s defamation charges? The case is a civil matter. Kimberlin has alleged that the defendants committed torts from which he suffered damages. It is not a criminal matter. No one has been charged with any crime.