Team Kimberlin Post of the Day

Based on the Kimberlins’ non-response to discovery sought by Aaron Walker in the Walker v. Kimberlin, et al. lawsuit, Aaron filed several motion withs the court, including a motion in limine requesting that the court disallow any testimony by Tetyana Kimberlin because she invoked her Fifth Amendment right against self-incrimination rather than answer deposition questions. [Aside: In limine is Latin for “at the edge.” A motion in limine is usually filed before a trial begins (at the edge of the trial) and seeks to exclude inadmissible evidence.] Here is Tetyana Kimberlin’s opposition to Aaron’s motion.

Here is Aaron’s reply.

Invoking the right remain silent about a topic requires that one remain silent about that topic.

20 thoughts on “Team Kimberlin Post of the Day

  1. The Fifth plea was stupid. But Brett’s believing that they can play peekaboo with the invocation is really insane. They can’t claim it to block discovery and then change their mind.

  2. Makes you wonder just what type of “law” degree the sawed-off pip squeak obtained. University of Wisconsin-Madison and Thomas Edison State College must be proud of their law program.
    Most of us in the western counties of the Socialist State of Maryland refuse to travel past Hagerstown. We’re a mixture of old-school Dem’s (modern Republicans) or Conservatives and don’t take to kindly of the BS that gripes this state. When the Dem’s took total control of the state, the first thing they accomplished was to re-district Western Maryland and we now fall under Montgomery County. The three counties up here lack the population to out vote the idiots
    Maryland kept us in poverty from mid 70’s through early 90’s as business left. After much discussion, the local leadership accepted not one, but three new prisons within a 10 miles radius, with two side-by-side. One state, fed, and a super-max. Maybe in the near future, old Brett will have a Cumberland, Maryland address. If were lucky, maybe he’ll share a cell with my cousin who’s in for life. I might have to actually contact him and put some money on his canteen card. Won’t that be a hoot.

  3. I notice the certificate of service wasn’t signed by the defendant who signed the motion. Is someone trying to practice law without a license?

  4. I’m VERY surprised that AyAyRon didn’t mention that the person filing the motion didn’t sign it or provide their address, email, etc. I’d hammer on that for each and every motion the tiny pedo forges submits on her behalf. But then again, I’m not a Yale trained law talking guy either.

    • My pet theory (unsupported by anything at all substantial, mainly a hunch) is that Our Gracious Host and The World’s Worst Paralegal (TM) and The World’s Worst Lawyer (TM) are taking different tacks with The Sawed-Off Pedo Bomber’s contemptuous flouting of the rules. Our Gracious Host is taking it head-on, moving to strike all of The Sawed-Off Pedo Bomber’s deliberately defective motions and forcing The Sawed-Off Pedo Bomber to admit that he knows that they’re defective (much like him) and then argue that it’s “HYPERTECHNICAL!!!!!” and it doesn’t matter because, well, Maryland.

      Meanwhile, The World’s Worst Lawyer is allowing all these motions to stay unchallenged (for now) because he finds the inadvertent admissions in them so darned useful for his case, and (for now) prefers to make The Sawed-Off Pedo Bomber eat his own words repeatedly.

      And should Our Gracious Host somehow prevail on his “HYPERTECHNICAL!!!!!” argument (remember — Maryland!), then The World’s Worst Lawyer can then either move to strike all of The Sawed-Off Pedo Bomber’s motions as defective, or only the ones filed after the Sawed-Off Pedo Bomber was given notice that he had been caught at his little games.

      Again, just my pet theory, totally unsupported by anything resembling inside information.

      • I have wondered the same thing about the relative merits of striking or allowing various defective motions. They are defective and should be struck, but so many of them are actually damning to TeamPedo’s case that TeamGoodGuys might want to keep them because TeamPedo’s defective motions are often some of the best ammunition to use against TeamPedo.

        It is a corollary to “the best way to discredit Schmalfeldt is to quote Schmalfeldt.”

        • I’m no lawyer, but I don’t think that Team Good Guys can selectively move to strike for the violations. It seems to me that if any of The Sawed-Off Pedo Bomber’s filings are tossed for the violations, then all of them have to go. So that’s why I think The World’s Worst Paralegal and The World’s Worst Lawyer are taking different tactics. Each chooses the one that best suits their needs, The Sawed-Off Pedo Bomber has to fight two different styles of fight, and The World’s Worst Lawyer can later borrow his Paralegal’s tactic should he so choose.

          What a tough choice, though. Do they toss all the motions and screw over The Sawed-Off Pedo Bomber that way, or do they hang the Sawed-Off Pedo Bomber with his own admissions?

          This way, they get to do both.

  5. Judge: Do you have any evidence?
    Kimberlin: No.
    Judge: Mrs. Kimberlin, will you testify?
    Mrs. Kimberlin: No. I plead fifth.
    Judge: Mr. Kimberlin, will you testify?
    Kimberlin: Gosh, I’m not sure I’d be ready…
    Judge: So, no?
    Kimberlin: No.
    Judge: I think we can wrap this up by noon.

  6. Yeah, invoking the Fifth isn’t a motion that is ruled on, it’s a defendent’s panic button that goes into effect immediately and has a while host of ramifications.

  7. Invoking the right remain silent about a topic requires that one remain silent about that topic.

    Well I mean unless you’re Lois Lerner. Honestly, if you’re grasping at straws that much, I’m surprised the person writing TK’s motion didn’t invoke the Lerner precedent.

    • AND, considering (hmmm, I’m using that word a lot lately) MD has not lifted a finger to pursue anything BK has done, including forging a court summons, tell me why exactly TK even needed to invoke the Fifth? It’s not like the Kimberlins are afraid of criminal prosecutions, especially with repeated forgeries and perjured motions/affidavits.

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