Brett Kimberlin was wearing his lucky white socks today. All of the counts in the Hoge v. Kimberlin, et al. were either dismissed or verdicts were rendered for the defendants. For now, I will state that believe that Judge Hecker conducted a fair trial. I also believe that he made some errors in his verdicts, but I do believe that several of his findings are absolutely correct.
First, Judge Hecker found that both Brett Kimberlin and Tetyana Kimberlin made false statements that they themselves could not have reasonably believed in their Applications for Statement of Charges.
Second, Judge Hecker found that the Settlement Agreement from the Hoge v. Schmalfeldt was a valid contract and that Schmalfeldt had breached it.
However, the judge also found that there was enough left of the Kimberlins’ Applications that might have been true to establish probable cause. He also found that I had not properly shown that I damaged by Schmalfeldt’s breach.
I am reviewing my options.
UPDATE—I understand the disappointment, but please knock off the comments that could be construed as questioning Judge Hecker’s fairness, integrity, or competence. He did a good job with a complex case. He may have made errors, and I may ask for reconsideration or file an appeal, but he did a good job of running a fair trial.