In their vain attempts to control the narrative surrounding their lawfare, Team Kimberlin have spouted some of the most outrageous legal theories, so bizarre that I’m not even sure that Acme Legal believes them. The TKPOTD from four years ago today cites this example—
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One of Cabin Boy Bill Schmalfeldt’s latest fantasies is that a court is going to order me to submit to a polygraph examination on a matter related to The Dread Pro-Se Kimberlin’s frivolous and vexatious Kimberlin v. Walker, et al. lawsuit. As I pointed out on Thursday, polygraph evidence is not admissible in a Maryland court. See State v. Hawkins, 604 A.2d 489 (1992), cited with approval by the Court of Appeals in the Simmons v. State opinion released on 18 December, 2013.
The mention of a polygraph in connection with Brett Kimberlin reminded me of the results of his polygraph exams when he was a defendant in the Speedway Bombing case. The following is from page 325 of Mark Singer’s Citizen K and begins with some quotes from Leonard Harrelson, the polygraph examiner who tested TDPK for his defense attorneys:
“I think Kimberlin’s the type of person that if you talked to him face-to-face you wouldn’t need a polygraph. But he was a good subject for the polygraph because he reacted much better when he lied than some people do. There are certain types of individuals that do not react to a large extent, and he did; he reacted to a very large extent. I was using a three-channel instrument measuring pulse rate and blood pressure and changes within those, breathing patterns, and sweat-gland activities.
” The attorney didn’t want a written report, because when their clients flunk they don’t want it in their files. I gave him the graphs [polygrams] because he wanted them in case somebody tried to get smart and subpoena them. It’s not common to give up the polygrams.”
When Harrelson referred to the polygrams, I recall hearing that during the first trial Pritzker [one of TDPK’s lawyers], out of some macabre impulse, had framed a portion of one and hung it on the wall of this office. Two responses that indicated a striking degree of deception were: “Do you love your father?” and “Do you know anything about the eight bombings?” Kimberlin answered affirmative to the former, negative to the latter. Kammen [another of TDPK’s lawyers], who also saved a copy of this same polygram, recalled, “It was as if Brett’s heart skipped several beats. His heart just stopped for a moment.” I asked Pritzker if Kammen’s characterization was accurate, and he replied, “I don’t think his heart stopped. Exploded is more like it.”
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The simplest form of lie detector for the members of Team Kimberlin is optical. If one can see their lips moving, …