The Walker v. Kimberlin, et al. Trial, Day One, Morning

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.

Stay tuned.

44 thoughts on “The Walker v. Kimberlin, et al. Trial, Day One, Morning


  1. Do you mean a “slew” of motions?

    So TDPK was told not to bring up “Everybody Draw Mohammad (PBJBUH)” in front of the jury, and the first thing he did was violate that caution?

    Way to get on the judge’s good side!

    Did witness Schmalfeldt make the trip? HAHAHHAHAHAHAHHAHAHAA!!!


        • Certainly, his persistence in bad behavior causes one to experience the Slough of Despond.

          Fresh from the dentist’s chair, at home, on my laptop. No, I’m not going to try to get a local that would get me to the station about the same time I’d usually leave my office. I’m not looking for martyrdom.


    • “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.”

      Doesn’t sound like he said it in front of the jury, just that he asked the judge about it a second time, because the first slap down didn’t register.


      • TDPK seems to think that Aaron’s participation Everybody Blog About Mohammed Day is some sort of silver bullet that will defeat Aaron’s claim that the Kimberlin’s lied on their Applications for Statement of Charges.


        • Psychopath thinks that everyone will adopt their fantasies as reality if only they repeat them often and loudly. Plus psychopaths believe that everyone will hate their enemies.


        • I think it’s an intimidation tactic. He hopes Aaron will fear — or get — death threats because of it.


  2. Right after BK is told not to mention Everybody Blog About Mohammed Day in front of the jury he does it. He is obviously not going to obey court rules. Mistrial in the making?


  3. I have to wonder about the judge agreeing to restrict the use of the Kimberlin v Walker case. It was maliciously prosecuted just as the criminal charges and establishes a pattern of conduct.

    Oh well.


    • One of the previous counts in the suit alleged malicious use of process in relation to the Kimberlin v. Walker, et al lawsuit. That count has been dismissed, so that suit is off the table.


      • I’m inclined to agree with Flynnbsb; even if not actionable as a provable count, it still goes to show a pattern of behavior. I’d have fought for its inclusion on that point.


        • One of the advantages that Aaron has over TDPK is that he understands when to stop arguing with the judge and accept a ruling that he can appeal if necessary.


          • You know, if a guy is smart enough to graduate from Yale law school, he’s almost certainly smart enough to build a predicate for inclusion and asking again after that’s done.


          • It’s not the type of thing that is going to sway the case one way or the other; it probably would have been nice to have, but overall not something worth disagreeing with the judge about.

            And if I recall, the issues of causation have already been settled, so isn’t this trial mainly about damages, if they were inflicted and if so, in what amount?


  4. I feel like starting a betting pool on just when The Sawed-Off Pedo Bomber brings up “Everybody Blog About Mohammed Day” before the jury.

    We all know he will, it’s just a matter of when.


    • You can order a transcript for about two bucks a page after the trial is over. It will probably run around 600 pages. You can order Windows or Mac data CD with the audio in .ogg files. Each CD contain 90 minutes of audio and cost $15. Today’s session will probably take four CDs. CDs and transcripts can be ordered online from the Montgomery County Court Clerk’s website.


      • Can we crowd fund through your tip jar for posting to Scribd? Is that even feasible?

        *tosses a sixpence into Hoge’s tip jar


        • All contributions to the cause are cheerfully accepted! I’ll probably have to buy a copy for use in the Hoge v. Kimberlin, et al case, and any help would be appreciated. It’s a public document, so nothing other than trial strategy would prevent posting it.


  5. Here’s hoping the jury finds the Kimberlin’s every bit as dishonest and revolting as we all do.


  6. If Kimberlin isn’t allowed to make “illogical and extremely prejudicial” arguments, how does he plan on defending himself?


      • You mean something like:

        “Your honor, the plaintiff has good looks and charm, and not just a good education, but is a Yale law school grad; is well-liked and respected with many, many friends, and thousands of followers.

        OTOH, this defendant appears even shorter than I really am, is creepy and slimy both in looks and manner, not to mention well below average in looks, not too bright, a felon, and educated in prison. The only “friends” I have are losers, creeps, monsters, idiots, ne’er do-wells, criminals, and/or pedophiles. The combined IQ of all of them doesn’t hit triple digits. And even they require a paycheck to have contact with me.

        The plaintiff already has a good life. I never will. Haven’t I been punished enough??”

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