I’ve been listening to the courtroom audio recordings as part of my preparation for the next part of my Kimberlin v. Walker, et al. in Review series. Since those recording are used to product the trial transcript, they include the conversations between the judge and counsels at the bench. I could not hear them in the courtroom because a noise source is turned on by the judge to mask the conversations. Thursday evening was the first time that I became aware of the following:
Brett Kimberlin called his older daughter as a witness. He did so at the end of the presentation of his case. He tried to do so as his first witness, but our lawyer objected. During the interchange at the bench, The Dread Pro-Se Kimberlin said that he wanted her to testify to various things which the judge felt were inadmissible because her testimony would be hearsay. TDPK also said he wanted her to testify to the fact that he had not done anything untoward with her. That would have been admissible, but my lawyer agreed that we would stipulate that so there was no reason for her to be called. During the conference at the bench, Judge Johnson remarked,
To put your 15 year old daughter—talk about —talk about harm—to put a 15 year old kid in a courtroom in front of a jury and ask her questions about pedophilia!
Just before he called her, the judge called the counsel up to the bench and tried one more time to dissuade TDPK from calling his daughter.
THE COURT: You know the witness you really need?
THE COURT: Is your wife here?
KIMBERLIN: She’s, she’s packing. We’re leaving on vacation tomorrow—
THE COURT: Is she gonna testify? See, that’s —if she were going to testify, that would be one thing, but a 15 year old?
TDPK put her on the stand any way.