Team Kimberlin Post of the Day


The Gentle Reader may wonder what part of the evidence and testimony offered during the Hoge v. Kimberlin, et al. trial caused Judge Hecker to find that the Kimberlins had made statements in their Applications for Statement of Charges that they could not have reasonably believed. One particular incident comes to mind.

During my direct examination of Tetyana Kimberlin, she began denying the contents of various documents she had filed against her husband, claiming that they had been written by Aaron Walker who had exerted some form of undue influence on her. Then I asked her about a protective order petition she filed several days before she met me and more than a week before she met Aaron. When she started to claim that parts of it were untrue, the Judge stopped her. He reminded her that the petition had be signed under penalty of perjury, and then he advised her of her right to remain silent under the Fifth Amendment.

That was the end of that line of questioning.

UPDATE—A question has been raised in the comments about the propriety of the judge’s warning to Tetyana Kimberlin. I believe that is was proper because she was proceeding pro se, and it was obvious that she was unaware of the potential consequences of her testimony. In fact, his warning resulted in her petition for a protective order being admitted into evidence with the presumption that it was truthful—which contradicted Brett Kimberlin’s testimony. That helped my case.

What Happened in Court Today


Tetyana Kimber was found to be in contempt of court for her failures to appear. She will be allowed to purge her contempt by obeying all further order of the court.

Bill Schmalfeldt was found not to be in contempt for his recording of the court audio because of what the judge views as a hole in the law. He said that he has learned a lesson and will tighten up future orders allowing remote testimony.

The Kimberlins and I have finished our closing statements. Judge Hecker has taken the case under advisement and has said he will issue his ruling at 1:30 pm tomorrow.

UPDATE—Apparently, a copy of the “written testimony” the Cabin Boy™ published made its way to the Clerk’s Office, was docketed, and was forwarded to Judge Hecker. I asked that it be admitted into evidence as a statement against interest by Schmalfeldt.

Team Kimberlin Post of the Day


There are show cause hearings and a trial scheduled for today in the Hoge v. Kimberlin, et al. lawsuit beginning at 8:45 this morning in the Circuit Court for Carroll County. My ability to foresee how things will go ends at 8:45 am today. After that, the results depend on the findings made by Judge Hecker.

Team Kimberlin Post of the Day


The Scheduling Order for the Hoge v. Kimberlin, et al. lawsuit required that the parties provide certain information to the court not later than close of business last Friday. I filed this last Thursday.

Everything is proceeding as I have foreseen.

Team Kimberlin Post of the Day


I spent Thursday evening going over various online case dockets to make sure that I’ve kept up with all the open items in the various Team Kimberlin related cases and appeals. I believe I’m caught up, and I also believe that some of the other parties aren’t.

Everything is proceeding as I have foreseen.