Here’s another vintage TKPOTD. It ran three years ago today.
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The Dread Pro-Se Kimberlin has apparently had the record of the third degree sexual offense charges filed by his wife and that were nolle prossed by the Montgomery State’s Attorney’s Office sealed or expunged. However, before that happened, I obtained a certified copy of the charging document from the court and published it. While it can’t be used in court, it is still available on the Internet. That was straightforward reporting of a crime story. TDPK tried to spin that truthful reporting into defamation as part of his Kimberlin v. Walker, et al. nuisance lawsuit.
MR. KIMBERLIN: After those charges were nolle pros, did you take a trip down to this courthouse and get a certified copy of those charges, and post them on your Scribd account?
MR. HOGE: No. Not this courthouse. They’re not kept here.
MR. KIMBERLIN: Well, whatever courthouse?
MR. HOGE: Across the street. District Court —
MR. KIMBERLIN: But — so the charges are dismissed, you come down and get a certified copy, and post them on Scribd.
MR. HOGE: Yes.
MR. KIMBERLIN: And are those charges — do you know whether those charges were not only nolle pros, but expunged and sealed by the court?
MR. HOGE: The charges are not on the Maryland Judiciary Case Search right now, so I can’t tell you what the court may have done with them.
MR. KIMBERLIN: Well —
MR. HOGE: I can’t tell you what the court did.
It wasn’t very smart of TDPK to bring up those charges. A prosecutor entering a nolle prosequi on a charge does not mean that the accused is innocent. Here’s how, first, Judge Johnson, and, second, Stacy McCain, explained nolle prosequi at various points during the trial.
The objection was sustained to that question. How is it relevant if the State entered a nolle prosequi? All that means is that the State elected not to go forward. It doesn’t mean anything to do with the substance of the charges.
Nolle pros does not mean you were falsely accused. I’ve had traffic tickets that were nolle pros. That didn’t mean I wasn’t going 85 miles an hour.
However, it did bring up the question of why, if they were bogus charges, wasn’t his wife in court to support him by testifying that we had suborned perjury and that he had not had sex with her when she was 15—was he innocent, or did he simply get away with something? That was not a good question for him to plant in the minds of the jurors.
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Of course, the case never got to the jury. Judge Johnson put it out of its misery when TDPK rested his case by granting judgment for the defendants under Rule 2-519 because Kimberlin had failed to present any evidence that we had made any false statements about him. Considering what we were prepared to offer in out defense, TDPK was lucky. He really didn’t want any of it in the record.