Team Kimberlin Post of the Day

A deposition of Tetyana Kimberlin had been scheduled for next week, but she has invoked her Fifth Amendment privilege—as is her right.

This particular filing deserves some commentary. IANAL, but I’ve been in communication with some, and I believe I am correctly reporting their analysis.

First, one doesn’t move to quash a deposition. A party seeking to limit or avoid a deposition files for a protective order. The Kimberlins did file for one, and it has not been granted. They are obliged to cooperate fully with discovery until a protective order is issued. A pending order that may never be granted does not stay discovery.

Second, Brett Kimberlin filed the motion along with Tetyana, but he has no standing in the matter.

Third, marital privilege is more limited that the Kimberlins appear to believe. It doesn’t allow on spouse to refuse to testify against everything about the other.

Fourth, pleading the Fifth prevents a deponent from having to answer questions which may tend to incriminate him or her, but dropping the nickel has other significant ramifications in a civil matter.

Fifth, the Kimberlins whining that it is unfair for them to be held to the Rules is getting to be a boringly common refrain. It is not unfair for Aaron Walker to fail to attend a deposition when he was not properly served with notice, and it is would not be unfair to require Tetyana Kimberlin to be deposed when she was given proper notice.

Finally, Tetyana Kimberlin is within her rights to refuse to be deposed because her testimony might incriminate her. The facts alleged against establish the elements of several crimes as well as the civil tort of malicious prosecution.

That Pesky Bill of Rights

I’m old enough to remember (now, there’s a line that getting a lot of work these days) when folks on the Left were all for the Bill of Rights. The narrative back then was that it was the Right that opposed free speech or due process. Today, many of the generation that marched in the streets in the ’60s have risen to become part of the Establishment. It seems that many a former “revolutionary” no longer want to stick it to the Man now that he has become the Man. So we have recently had a bunch of geezers sitting in the well of the House of Representatives demonstrating in favor of a bill to suppress the Fifth Amendment right to due process and the Second Amendment right to keep and bear arms. Somehow, they seemed braver when they were sitting at lunch counters five decades ago.

The First, Second, and Fifth Amendments are now under overt attack. The Fourth Amendment is a target as well. Those of us who still think that the Bill of Rights is worth keeping need to keep hitting back. I suggest that we do not limit ourselves to only twice as hard.

One more thing … why are they going on about rifles now? Fifty years ago, it was all about “Saturday Night Specials,” inexpensive handguns that the wrong people could afford for self-protection. Now, it’s rifles: “Military-style” “weapons of war.” It’s almost as if someone is afraid of an armed populace that would be able to resist …

More “Discovery”

As part of discovery in the Kimberlin v. Walker, et al. nuisance lawsuit that The Dread Pro-Se Kimberlin lost this week, I sought discovery of documents.

You can see from TDPK’s answers beginning with number 13 that he thought that he would control what evidence would be introduced. He wound up being correct only because the case folded before we put on our defense.

I’m sticking by my theory that TDPK didn’t testify because he wanted to avoid being trapped between perjury and the Fifth Amendment when confronted with some of the issues raised in my request for documents.

popcorn4bkHe still has time to drop his Kimberlin v. The Universe, et al. RICO Madness before things really hit the fan in that case. Is he smart enough?

We shall see.

Stay tuned.

Team Kimberlin Post of the Day

There’s been a lot of speculation about why Brett Kimberlin fought so hard to be able to testify and then kept himself off the witness stand. Gentle Reader, your guess is as good as mine, but I’m betting on fear of being trapped between perjury and the Fifth Amendment during cross examination. You see, he probably understood that he would be asked many of the same question that were in our discovery interrogatories.

One of the basic rules of examining a witness at trial is never to ask a question unless you already know the answer. That’s not true in discovery. The purpose of asking questions is to develop information that may lead to evidence that can be introduced at trial. However, that doesn’t mean that my lawyer and I did not already know the answers to my discovery interrogatories. We may have been looking for confirmation.

Still, some of TDPK’s statements during hearings or the trial or during proceedings in other courts appear to contradict his sworn statements made in answer to these interrogatories. In Maryland, contradictory sworn statements knowingly made about a material fact constitute a prima facie case of perjury.

Team Kimberlin Post of the Day

The Dread Pro-Se Kimberlin is refusing to answer the interrogatories posed by Aaron Walker, Stacy McCain, and me or my request for production of documents for our defense of the his Kimberlin v. Walker, et al. nuisance suit, in some cases invoking his Fifth Amendment privilege against self-incrimination.

He’s afraid to provide stuff like this—RPOD-17Hmmmmm.

Team Kimberlin Post of the Day

The Dread Pro-Se Kimberlin doesn’t want to answer the interrogatories that I sent him as part of discovery in the Kimberlin v. Walker, et al. nuisance suit. For example—InterrogObjectionCitizenKIrrelevant to the case? Really? I thought TDPK was suing me because he says I have called him a pedophile. This is from his complaint—BK v AW Complaint-27

This is found on page 78 of Citizen K:

His [Kimberlin’s] attachment to Jessica was quite a different matter. Their weekly after-school outings, Kimberlin said, were “very special days” for her. … For three consecutive summers, 1974 through 1976, they took vacations for a week or longer in Disney World, Mexico, and Hawaii. Sandi [“Jessica’s” mother] couldn’t get time off from work, so on these summer trips it was just the two of them—Brett and Jessica.

Eyebrows levitated. A drug-dealing colleague had memories of conversations with Kimberlin that struck him as odd: “We’d see a girl who was pubescent or prepubescent, and Brett would get this smile and say, ‘Hey, what do you think? Isn’t she great?’ It made me very uncomfortable.” Another recalled Kimberlin introducing Jessica as “my girlfriend,” and if irony was intended, it was too subtile to register.

<sarc>Nothing to see here. Move along.</sarc>