The trial got under way around 10:00 am. The first order of business was a discussion of the voir dire questions that would be to screen the jury pool. The Dread Pro-Se Kimberlin objected to Judge Mason’s proposed reference to Kimberlin’s criminal history, but the judge noted that he believed that it was necessary to properly frame the issues before jury, and the judge used his proposed questions during voir dire.
TDPK then brought up a slough of motions.
In his motion in limine he sought to limit the cross examination of former Judge Creighton. Judge Mason ruled that she had no probative testimony to offer but that the transcript of the 14 May, 2015, Kimberlin v. Hoge Peace Order trial might be introduced if the Kimberlins could show a basis for it’s probity.
Kimberlin also asked that the result of the Kimberlin v. Walker, et al. lawsuit not be admitted into evidence. Judge Mason agreed to that.
Kimberlin asked that evidence relating to the Kimberlins’ marital issues which surfaced in 2013 be off limits. The judge said that he would rule on that if it came up in the course of the trial.
Kimberlin asked that nothing from Citizen K, his authorized biography, should be admitted. The judge said that he would rule on that if it came up in the course of the trial.
Kimberlin asked that Aaron be prohibited from bullying any minors who were called as witnesses. The judge said that he didn’t expect that Mr. Walker would engage in bullying.
Kimberlin asked to be able to have someone (not Bill Schmalfedlt) testify via Skype. The judge said no, because TDPK had not served proper notice of such testimony.
All that was in TDPK’s motion in limine.
The Kimberlin’s also made yet another motion for summary judgment—which was summarily denied.
Aaron Walker raised several issues in his motion in limine. Most received the same “I’ll rule on that if it actually comes up” response from Judge Mason. One import exception was Aaron’s request that Brett Kimberlin’s fixation about Aaron’s participation in Everybody Blog About Mohammed Day should not be brought up. The judge agreed, and he ordered TDPK not to even mention the subject without first approaching the bench and explaining to the judge (with the jury out of the room) why Everybody Blog About Mohammed Day had anything to do with this case.
After those motions were dealt with and before the jury pool was brought in, the judge asked if there were any other issues. Kimberlin brought up Everybody Blog About Mohammed Day again. The judge cut him off and told him that his argument “is illogical and extremely prejudicial.” Then Judge Mason reiterated his instructions about not bringing the subject up before the jury.
Jury selection began at about 11:30 and lasted for about an hour. Six jurors and two alternates were empaneled, and the court took a break for lunch at about 12:30.
The trial resumed at 1:30. Before the jury was called back in, Judge Mason ordered that all witnesses leave the courtroom and remain outside until called. I’m now sitting in the lobby outside Courtroom 8D. The jury was called back in about 1:45.