Originally, Judge Mason ruled that information about most of Brett Kimberlin’s criminal record would not come into evidence in the Walker v. Kimberlin, et al. trial because in might be more inflammatory than probative. That changed during The Dread Pro-Se Kimberlin’s cross examination of Aaron Walker. This exchange occurred while the jury was out of the courtroom:
THE COURT: Ah, with respect to the bombing, as I discussed yesterday, you have now opened the door to that —
MR. KIMBERLIN: Alright, well I —
THE COURT: — my law clerk went back to the record this morning and listened and confirmed, and, ah, can read into the record if you like, but the record is what it is.
MR. KIMBERLIN: OK. Well, then I’m going to explain that then at the beginning, you know, and you know if we want to get into the bombing case, then I need to explain that.
THE COURT: That’s fine. Well, —
MR. KIMBELIN: You know —
THE COURT: You have opened the door to it —
MR. KIMBERLIN: Alright.
THE COURT: — by telling the jury that you were, what exactly did he say, Ben?
LAW CLERK: Mr. Walker has accused me of criminal charges on his blog or in tweets of many, many crimes. I’ve never been arrested for any of those crimes. I have never been prosecuted for any of those crimes. I’ve never been sentenced for any of those crimes.
THE COURT: OK, and that specificly is not true.
MR. KIMBERLIN: Well, the way, OK, if you isolate it, but the sentence before that, I believe that I was talking about sex offense.
THE COURT: I don’t believe that the sentence before. At some time before —
MR. KIMBERLIN: Alright —
THE COURT: — you were talking about sex.
MR. KIMBERLIN: I’m going to clean that up.
THE COURT: Fine.
MR. KIMBERLIN: If you let the bombing case in, I’m going to explain that the bombing case that I sued for false imprisonment, that I had a settlement with the Department of Justice, that I don’t have the case any more. I’m not on parole. That it was the first case ever to, to, I mean that it was the last case in the history of the United States to be allowed to use hypnosis. You want me to —
THE COURT: No.
MR. KIMBERLIN: –this whole —
THE COURT: No, we are not getting into all that.
MR. KIMBERLIN: OK, then don’t get into the conviction.
THE COURT: Don’t tell me what to do. OK? You have made the fact of the bombing case admissible because you have misled the jury by saying you were never prosecuted, convicted, or sentenced for any crime that he blogged about. And one of the primary crimes he blogged about initially, the reason he refers to you as a terrorist has to do with this bombing. I kept it out because I felt that, potentially, it was more inflammatory that it was probative, although, frankly, I felt that probative because I felt that it explained why, as you say, he’s obsessed with you. That’s a fairly unusual crime. But in trying to be fair, I kept it out. You took the stand and told the jury, basically, you had never been convicted, as I say, you’d never been sentenced, never spent time. In addition to which, you volunteered in your statement to the jury when you’re describing yourself for your background that you committed or you had some trouble or you did some things wrong when you were a juvenile. But that’s sort of all, and you referenced the perjury, that’s sort of all behind you. So you leave the jury with the impression that as a young kid you made a false statement and did your time and there’s nothing else there, which also I think is potentially misleading.
The Kimberlins may have won the Walker lawsuit, but at what price? The jury found that they lied. They are now adjudicated liars.
Maybe TDPK should start posting a
Breitbart Unmasked Bunny Billy Boy Unread as Pyrrhus of Epirus.
A couple more things … nothing in the verdict or Judge Mason’s ruling based on the jury’s verdict should be interpreted as saying that it is permissible to lie in his courtroom. As a matter of law, he had to strike the statements that the jury found were lies and add the withheld information that jury found should have been present. Given what the jury gave him to work with, his ruling was not unreasonable. Too much of the Applications for Statement of Charges remained intact. I believe the Judge did the best he could with the jury’s verdict. Also, the transcript puts a great deal of admitted and proven facts on the record. While the Walker jury did not pick up on them, I did.