One of the allegations The Dread Pro-Se Kimberlin made in his second amended complaint of his Kimberlin v. Walker, et al. nuisance lawsuit was that Aaron Walker and I had created a false criminal complaint that his wife filed against him.This is just one of the allegations for which TDPK failed to offer one “scintilla” (Judge Johnson’s word) of evidence.
It is true that Mrs. Kimberlin dropped all civil and criminal action against her husband. It is true that she told me about the dismissal. It is not true that she ever told me that the charge of third degree sexual offense she laid against him was “inaccurate.” Or false.
While Brett Kimberlin could have taken the stand and denied the charge, the best way he could have proved its falsity would have been for his wife to take the stand and recant it. As Judge Johnson noted during a bench conference—
THE COURT: Do you know the witness you really need?
MR. KIMBERLIN: Huh?
THE COURT: Is your wife here?
No. She wasn’t. TDPK claimed that she was at home packing for vacation. I don’t believe him. At least, I don’t believe that she was at his home. Mrs. Kimberlin was apparently unwilling to testify on her husband’s behalf, and he had no case without her testimony.
I’ve been informed that TDPK is beginning the process of appealing the Kimberlin v. Walker, et al. case. Given that he has no real grounds for appeal, he probably thinks that he’s prolonging the harassment that he put us through for the past year. What he doesn’t seem to understand is that real effect an appeal with be to keep the publicity going and to amplify the Streisand Effect.