Early July has been a continuing rough spot for The Dread
Deadbeat Pro-Se Kimberlin’s lawfare campaigns. In 2012, his second bogus peace order against Aaron Walker was overturned. In 2013, his petition for a protective order against his wife failed. In 2014, five of the seven counts in the Kimberlin v. Walker, et al. nuisance LOLsuit were dismissed on summary judgment. In 2015, the portion of his Kimberlin v. National Bloggers Club, et al. (I) RICO Madness LOLsuit dealing with me finally died on appeal. The TKPOTD from four years ago today was about the death of Brett Kimberlin’s RICO Madness LOLsuit.
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This puts a formal end to The Dread Pro-Se Kimberlin’s appeal of the dismissal of the RICO and Ku Klux Klan Act claims in the Kimberlin v. The Universe, et al. RICO Madness.
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The Gentle Reader who has followed The Saga of Team Kimberlin through the years may have noticed that, with rare exceptions, everything has proceeded as I have foreseen.
During the Kimberlin v. Kimberlin hearing earlier this month, Brett Kimberlin seemed to be having a great deal of difficulty sticking to the actual issues before the court. Although I have no first hand knowledge of his relationship with his wife outside of a courthouse, he called me as a witness on his behalf. (Mind boggling, isn’t it.) After about five minutes of his unsuccessfully trying to get me to say … I’m not sure what he was trying to get me to say … trying extract something from me, the judge intervened.
Judge Burrell: Have you seen any first hand information concerning the interaction between Mrs. Kimberlin and her children or Mr. Kimberlin and his children?
Mr. Hoge: I have no, I have no first hand testimony that I can offer, Your Honor.
Judge Burrell: OK, that’s all [inaudible] your testimony.
Mr. Kimberlin (interrupting): [inaudible]
Judge Burrell: Do you have any questions?
Ms. Barnes: No, Your Honor.
Judge Burrell: OK, you can step down.
Mr. Hoge: Thank you, Your Honor.
Mr. Kimberlin: Ah, Judge, I’d, I’d.
Judge Burrell: We’re not in here to settle the argument between you and Mr. Hoge. That’s not what we’re here for. Do you have any other witnesses?
Acme Law at its finest.
So, Gentler Reader, who do you choose to believe about what happened at the Kimberlin v. Kimberlin hearing yesterday. On the one hand you have a guy who was one of the parties but also convicted of perjury and an attempt to forge government document and his Twitter PR flack who was miles away from the courthouse. On the other you have the testimony of two people were were at the courthouse, one of whom was in the courtroom for the entire hearing, and those two have access to a CD of the hearing audio to refresh their memories.
I’ll cut to the chase. The consolidated Kimberlin v. Kimberlin protective order hearing resulted in both protective orders being denied which means that Brett did not get sole custody of the children.
At the beginning of the hearing, Brett asked that I be excluded as a potential witness. This was not a surprise. Brett’s modus operandi is to try to introduce all sorts of extraneous information during court proceedings. He made the mistake of calling me. More about that in a bit. He probably would have called Aaron Walker if he had been at the hearing.
My son William was in the court for the entire hearing. He reports that most of the first hour consisted of Brett trying to testify, Zoa Barnes (Tetyana’s lawyer) objecting to testimony from a perjurer, and the judge sustaining the objection. Brett called Tetyana’s older daughter to the stand. I was not present for her testimony, but I’m told that she did not really help Brett’s case.
After her testimony, I was called as a witness. It seemed that Brett was trying to use my testimony to paint a picture of Aaron Walker and me somehow instigating I’m not sure what. The judge didn’t see how my testimony was germane to the case, and I was excused as a witness. I was able to stay in the courtroom for the remainder of the hearing.
Zoa Barnes presented Tetyana’s case by calling her to the stand and having her explain how she met Brett at age 14 in Ukraine and how their relationship and marriage had flowed over the succeeding years. This is not the place to tell that tale, but it is not a pretty one. When Brett tried to cross examine her, he kept stumbling over the rules of evidence and proper procedure. Here’s some of the things the judge told him during that cross examination:
Don’t ask a question not relevant to this case.
Don’t argue with her. Ask another question.
She answered the question. You make not like it. Next question.
After Brett’s cross examination of Tetyana, the closing arguments began. Brett rambled for a while until he was gonged by the judge who told him to sit down. Zoa Barnes tersely summed up Tetyana’s case. Then judge ruled. The result is status quo ante.
Tetyana’s struggle to free herself and her children from Brett is just beginning. You can help. Click on the Tetyana’s Fund link above to learn more.