Brett Kimberlin was blindsided by my lawyer in 2013 when she prevented him from testifying in the Hoge v. Kimberlin peace order case because he has been convicted of perjury. At that time, Maryland was the only state that still prevented perjurers from testifying in court. In 2016, the state delegate (D-MoCo) representing the district where Kimberlin lives offered a bill to remove that disability. It passed.
The TKPOTD for seven years ago today took note of Team Kimberlin’s celebration of the change in the law. In that post I warned Kimberlin what could happen as a result.
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Effective 1 October, Maryland’s ban on testimony from convicted perjurers will be repealed, and the Cabin Boy™ is celebrating.Worse news for The Dread Pro-Se Kimberlin. This means that he can be called as a witness. Better still, it means he can be cross examined if he testifies on his own behalf.
UPDATE—The bill leading to the new law was introduced by the State Senator who represents the district where Kimberlin lives. I was aware of the bill and did not bother to lobby against it because the change will allow TDPK’s testimony to be compelled in a civil suit. (Of course, he still has a Fifth Amendment right against self-incrimination, but invoking that in front of a jury …)
TDPK was aware of the change in the law when he moved to have the trial in the Walker v. Kimberlin, et al. lawsuit rescheduled to a date before 1 October. Apparently, short-circuiting discovery in that case was more important to him that being able to testify in his own defense.
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Maryland law now prohibits using felony convictions that more than 15 years old to impeach a witness’ credibility—with one exception. A perjury conviction may be used to impeach regardless of how old it is. This cartoon that Vigilans Vindex left in the comments to the original post shows what has happened to Kimberlin on the witness stand since 1 October, 2016.Oh, and the Walker v. Kimberlin, et al. trial started on 12 October, 2016.