Brett Kimberlin cannot offer testimony in a state court in Maryland because Md. Courts & Judicial Proc. § 9-104 states, “A person convicted of perjury may not testify.” This puts a real bind on his conduct of the frivolous and vexatious Kimberlin v. Walker, et al. lawsuit. One way he seems to be trying to work around that testimonial disability is by suing in federal court where he can testify. Thus, we have the Kimberlin v. The Universe, et al. RICO Madness.
The other is to attempt to tag some of the defendants in the state case with a perjury charge. I seem to be one of the targets. I supposedly lied when I testified on 9 December that I didn’t know the identity of Kimberlin Unmasked. For the record, I still don’t, but let’s do a thought experiment and pretend that I did. So what?
Perjury happens when a witness falsely asserts the truth of statements about matters which influence the outcome of the proceeding. So a false statement made about something immaterial to the matter before a court does not involve perjury. Brett Kimberlin got nailed for lying to a federal grand jury about drug dealing in connection with an investigation of drug dealing. That’s an example of a material lie. Whether or not I knew the identity of Kimberlin Unmasked was immaterial to the subject of the 9 December hearing—the extension of a peace order. That was no more material to the extension the peace order that whether or not I knew Babe Ruth’s career batting average (which I do know; it’s .342).
Even if I had lied, and I didn’t, the lack of material connection to the hearing would destroy any chance of a successful perjury charge.
However, our thought experiment is merely a hypothetical exercise. Truth is a defense to a perjury charge, and I told the truth.
I expect that Team Kimberlin will continue to waste their time and energy on such foolish endeavors, and that’s fine by me.
BTW, you can help my codefendants and me in the Kimberlin v. Walker, et al. nuisance suit defend ourselves from Brett Kimberlin’s attack on our First Amendment rights. Go to Bomber Sues Bloggers to find out how.