Team Kimberlin Post of the Day

The Gentle Reader may wonder what part of the evidence and testimony offered during the Hoge v. Kimberlin, et al. trial caused Judge Hecker to find that the Kimberlins had made statements in their Applications for Statement of Charges that they could not have reasonably believed. One particular incident comes to mind.

During my direct examination of Tetyana Kimberlin, she began denying the contents of various documents she had filed against her husband, claiming that they had been written by Aaron Walker who had exerted some form of undue influence on her. Then I asked her about a protective order petition she filed several days before she met me and more than a week before she met Aaron. When she started to claim that parts of it were untrue, the Judge stopped her. He reminded her that the petition had be signed under penalty of perjury, and then he advised her of her right to remain silent under the Fifth Amendment.

That was the end of that line of questioning.

UPDATE—A question has been raised in the comments about the propriety of the judge’s warning to Tetyana Kimberlin. I believe that is was proper because she was proceeding pro se, and it was obvious that she was unaware of the potential consequences of her testimony. In fact, his warning resulted in her petition for a protective order being admitted into evidence with the presumption that it was truthful—which contradicted Brett Kimberlin’s testimony. That helped my case.

26 thoughts on “Team Kimberlin Post of the Day

    • Here’s what though, she didn’t remain silent. She started talking saying “parts” of her protective order (which we’ve all read) were false. And for it to matter in the context of the questioning it would have had to have been material to that petition. I think she’s incriminated herself already, and can’t complain if anyone calls her a perjurer.

  1. Is it really the judges duty to protect a defendant? Seems like the judge went out of his way to protect one side at the expense of the other.

  2. I disagree with your assessment. The Judge should not have given her advice, that showed a bias, and is, frankly, grounds for an appeal. Moreover, the fact that she had already indicated that parts of her petition were untruthful means she had already admitting to committing perjury in a statement for charges, and since she lied at least once before under oath, that means that it is reasonable to conclude that she lied again in her statement for charges. It helped you more to suggest she is a liar all of the time.

    • Personally, I disagree with your disagreement. As much as I think it would have been great to stick it to everyone on Team Kimberlin, witnesses do have rights. In point of fact, had the judge not cautioned T. here, and had Hoge won, then I actually could see the Kimberlin’s gaining an appeal based on the same logic that brought about the Miranda warning requirements. Whether you agree with it or not–and I would be the first to say it was dumb for the Supreme Court to go down that path with Miranda–it’s the rules that we have to live by, and so I can’t fault the judge on that one.

      • Miranda applies to CUSTODIAL interrogations, not testimony under Oath. The Judge has no reason to intervene except to help the witness @ Hoge’s expense. There would have been no appeal for the Kimberlins on that basis had the Judge not played attorney for Ms. Kimberlin.

        • I was saying it’s the same logic as Miranda, not Miranda itself they would use. That logic appears to be, “If there’s any chance the defendant is a dumbass in any sense, then screw the evidence. Bend over backwards to help them.”

  3. it’s grounds for appeal, this is at the heart of the case, pro se or not, pro se is not a protection against perjury.

    appeal, overturned verdict, they are toast.

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