Only one of the failed LOLsuits that Brett Kimberlin filed against me made it to trial. While it was a pain in the neck (or a couple of feet lower) to have to take the Kimberlin v. Walker, et al. nuisance suit to court, there were some lighter moments in the process. The TKPOTD for five years ago today dealt with one amusing moment during that trial.
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During the preliminary matters of the Kimberlin v. Walker, et al. trial, there was an extended discussion of The Dread Pro-Se Kimberlin’s criminal past that might have bearing on the case. Near the end of the first day’s session, Judge Johnson brought up the topic of jury instructions.
THE COURT: Now, there are no non-pattern jury instructions, are there?
MR. OSTRONIC: Not from the defense side, Your Honor.
MR. KIMBERLIN: Not that I know of.
THE COURT: They’re normal Maryland civil pattern jury instructions.
MR. KIMBERLIN: And we listed those I believe in our pre-trial.
THE COURT: You did list them in your pre-trial statements. Is there any other ticking time bomb — well, that’s a wrong metaphor. Are there any issues laying out there that are going to come up that you can envision?
MR. KIMBERLIN: I don’t think so.
THE COURT: Sometimes we have to be very careful in our selection of metaphors. I always call counsel to task when they tell me about black sheep in the family. I like black sheep. All right.
I hate to disagree with a judge who ruled in my favor, but I thought his metaphor was quite appropriate.
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I was sitting next to my codefendant Stacy McCain just behind the defense table. (There were too many defendants for all of us to sit there.) We both had trouble keeping ourselves from laughing. It was at that moment that I figured out that Judge Johnson, who had previous experience with The
Dread Deadbeat Pro-Se Kimberlin, understood who he was dealing with. Reading the transcripts of the bench conferences that occurred during the trial (I wasn’t able to hear them as they happened), it’s clear that the judge bent over backwards to treat Kimberlin fairly, but Kimberlin’s pigheadedness about how he wanted to present his case led to his loss and our win.
The trial was more of a fizzle than an earth-shattering kaboom.