Here’s a half-truth that keeps looping through Team Kimberlin’s false narrative. This version is from The Dread Pro-Se Kimberlin’s opposition to Stacy McCain’s motion to dismiss the Kimberlin v. The Universe, et al. RICO Madness for lack of proper service of process.Of course, for someone on the receiving end of criminal charges, a disposition of nolle prosequi means that the charges will not be prosecuted, so the defendant gets to walk away. That’s a “win,” but it’s not a finding by a court on the merit of the charges. During the state Kimberlin v. Walker, et al. trial, TDPK tried to make a big deal about the charges his wife had filed against him has be dispositioned that way. Judge Johnson straightened him out in front of the jury with the following words:
THE COURT: The objection was sustained to that question. How is it relevant if the State entered a Nolle Prosequi? All that means is the State elected not to go forward. It doesn’t mean anything to do with whether the substance of the charges —
The fact that the State chose not to go forward with the prosecution of charges against Bill Schmalfeldt in the past is not a final determination that those charges were invalid. Indeed, the State has the option of reopening them. The existence of one or three-hundred or eleventy-four criminal charges filed against Bill Schmalfeldt—by themselves—is a datum equally support of the idea that Schmalfeldt was persecuted or that Schmalfeldt was a obnoxious jerk. They have no bearing on any of the tort claims TDPK has attempted to allege in his RICO Madness.