Beruflich Dokumente
Kultur Dokumente
COMES NOW William John Joseph Hoge and moves this Court grant summary
judgment in his favor against Tetyana Kimberlin with respect to Count XI of the
above captioned matter pursuant to Rule 2-501. Mr. Hoge believes that liability can
I. INTRODUCTION
While the instant lawsuit is somewhat complex, one portion is simple and
prosecution. The Complaint alleges that she filed a false Application for Statement
of Charges against Mr. Hoge. This is the only tortious act alleged against Mrs.
Kimberlin, and a decision on the merits with respect to her liability is possible given
the undisputed evidence and the admissions she has made. Summary judgment
Given the evidence in the record and developed in discovery, the facts clearly
Hoge. As is shown below, all of the four elements of the tort as described in the case
d. Malice was the primary purpose for bring the proceeding rather than
she alleged that Mr. Hoge engaged in online harassment of her daughter. Upon
review of her Application, a District Court Commissioner charged Mr. Hoge with
violation of Md. Crim. L. 3-805(b)(2). Tetyana Kimberlin has admitted filing the
Application for Statement of Charges. See, e.g., Motion to Dismiss, Docket Item
58/0, 4.
1See, e.g., Krashes v. White, 275 Md. 549, 341 A.2d 798 (1975) and Carter v.
Aramark Sports & Entmt Servs., Inc., 153 Md.App. 210, 835 A.2d 262 (2003), cert.
denied, 380 Md. 231, 844 A.2d. 427 (2004).
2
b. That Criminal Proceeding Was Terminated in Mr. Hoges Favor
entering a nolle prosequi on 24 June, 2015. Mrs. Kimberlin admits to the States
Attorneys action, but she has argued that it did not constitute a termination in Mr.
Hoges favor (Motion to Dismiss, 11). Any dispute on this point is legal not
factual, and she is wrong as a matter of law. Hines v. French, 157 Md.App, 536, 852
Mr. Hoge denies that he has ever done any of the acts alleged in the
Application for Statement of Charge or any other act or group of acts that would
could be sufficient evidence to support probable cause to charge him with a crime.
The District Commissioner who charged Mr. Hoge was deceived by the false and
Charges.
the facts and circumstances with the officers, and of which that
have reasonably trustworthy information, are sufficient in
themselves to warrant a belief by a man of reasonable caution that
a crime is being committed.
3
Brinegar v. U.S., 338 U.S. 160, 175-6 (1949). Mrs. Kimberlins false and misleading
properly determine if probable cause existed to charge Mr. Hoge. There is ample
evidence in the record and in Mr. Hoges Affidavit to show that the Application was
A shows that striking the false, irrelevant, and misleading statements from it
The only information before the Commissioner who charged Mr. Hoge in
May, 2015, was the false and misleading statements in Tetyana Kimberlins
Application for Statement of Charges. Mr. Hoge has denied that he has ever done
any act that was a violation of Md. Crim. L. 3-805(b)(2), and there is no evidence to
the dispute his denial. There was no probable cause to charge him.
d. Malice Was the Primary Purpose for Bring the Proceeding Rather Than
Bringing an Offender to Justice
its existence may be inferred from the lack of probable cause. Hooke v. Equitable
Credit Corp., 42 Md.App. 610, 402 A.2d 110 (1979). Tetyana Kimberlin knew that
Mr. Hoge had not engaged in the behavior she alleged, but she filed a false
Application for Statement of Charges any way. She may have been angry with
2Perhaps the most significant misleading omission in the Application for Statement
of Charges was Mrs. Kimberlins failure to disclose that a peace order petition based
on the same facts had been denied by both the District Court and the Circuit
Court. To the extent that those facts were relevant to a harassment charge, they
could not support the lower standard of proof of harassment required for a peace
order.
4
Mr.Hoge, but whatever her motivation, she was still obliged not to prosecute him
knowing that he was not guilty. Exxon v. Kelly, 281 Md. 689, 700 (1978).
III. POSSIBLE JOINT LIABILITY WITH ANOTHER DEFENDANT SHOULD NOT DELAY
RULING ON TETYANA KIMBERLINS LIABILITY
It is clear from the facts of this case that Tetyana Kimberlin engaged in
malicious prosecution, that Mr. Hoge was her victim, and that he is entitled to
summary judgment in his favor as a matter of law. Additionally, Mr. Hoge alleges
that Tetyana Kimberlin acted together with her husband Brett Kimberlin when
committing the acts alleged in Count XI. While she is only specifically involved
with the malicious prosecution of Count XI, Brett Kimberlin is specifically involved
with three other Counts (I, VI, and IX) and possibly is involved with all other counts
except Count XII. Given the ongoing difficulties in obtaining discovery from the
Kimberlins, Mr. Hoge has not yet been able to complete the investigation necessary
But the Court does not need to wait for the dust to settle around Brett
While Mr. Hoge believes that the Court can easily rule on the question of
Tetyana Kimberlins liability for Count XI based on the papers briefing this motion,
he believes that a hearing should be held to determine the amount and nature of
5
monetary damages after the potential liability of other defendants has been
determined.
CONCLUSION
be paid to Mr. Hoge by Tetyana Kimberlin either jointly or severally with other
defendants,
iii.) To enjoin Tetyana Kimberlin from directly filing any Application for
Statement of Charges against Mr. Hoge with a District Court Commission but to
require her to make any further complaints concerning Mr. Hoge through a police
iv.) To grant such other relief as the Court may find just and proper.
6
CERTIFICATE OF SERVICE
I certify that on the 17th day of April, 2017, I served copies of the foregoing
on the following persons:
William M. Schmalfeldt by First Class U. S. Mail to 422 3rd Avenue North, Clinton,
Iowa 52732
Brett Kimberlin by First Class U. S. Mail to 8100 Beech Tree Road, Bethesda,
Maryland 20817
Tetyana Kimberlin by First Class U. S. Mail to 8100 Beech Tree Road, Bethesda,
Maryland 20817
Breitbart Unmasked by First Class U. S. Mail c/o William Schmalfeldt, Editor, 422
3rd Avenue North, Clinton, Iowa 52732
AFFIDAVIT
I, William John Joseph Hoge, solemnly affirm under the penalties of perjury
that the contents of the foregoing paper are true to the best of my knowledge,
information, and belief.
7
Exhibit A
18 May, 2015, Application for Statement of Charges filed by Tetyana
Kimberlin with false and/or misleading statements struck through in red. The
minor childs name has been redacted to protect her privacy.
Exhibit B
Affidavit of William John Joseph Hoge
William John Joseph Hoge, IN THE
Plaintiff, CIRCUIT COURT FOR CARROLL COUNTY
MARYLAND
v.
Case No. 06-C-16-070789
Brett Kimberlin, et al.,
Defendants.
she filed a false Application for Statement of Charges1 alleging that I used an
interactive computer to harass, abuse, bully, [sic] our minor daughter [redacted]2
which caused her to suffer serious emotional distress and fear for her personal
safety. A District Court Commissioner was apparently deceived by her false and
Md. Crim. L. 8-305(b)(2). Because I have never engaged in any act or group of
acts that would violate that statuteeither on my own or acting together with
Application:
and indirectly. I have never bullied Tetyana Kimberlins elder daughter, directly
continue[s] to do so and get others to join them in [his] bullying. First, the
such request of me prior to the filing a peace order petition on 6 March, 2015.
Second, I have not continued to engage in bullying because I have never engaged in
it in the first place. Third, I have on numerous occasions asked others to leave Mrs.
Kimberlins elder daughter alone, stating that she should not be tied to Brett
done nothing for the purpose of causing distress to Tetyana Kimberlins elder
daughter and have done nothing to her that would cause any reasonable person to
be distressed.
[redacted] because of the false attacks made online by Mr. Hoge[.] I have
not made any false attacks against Mrs. Kimberlins elder daughter or any other
2
why other childrens parents were careful with their children around Brett
Kimberlin:
A Well, long story short, there was, I was friends with this
girl named [child 1] and [child 2] Hinkley (phonetic sp.), and
[child2] Hinkleys parents were talking with [child 2] because a
bunch of people came over to [child 2]'s house and told them about
my dad's criminal record because of online stuff.
[child 2]s parents researched my father heavily and
found every single thing about him, found all the Twitter things,
called all my friends parents and told them --
MR. OSTRONIC: Objection, Your Honor.
THE WITNESS: -- not to come over --
MR. OSTRONIC: Hearsay.
THE WITNESS: -- and make sure I couldn't have
friends over because they saw that my dad was --
THE COURT: Overruled.
THE WITNESS: -- a pedophile on these websites, and
saw this guys, they made this pedo bear of my dad, and so people
were not allowed at my house. Some people are friends of mine are
still not allowed at my house because they think my dad is a
pedophile, or they think that they're going to get raped by my dad,
or that I'm getting raped by my dad, because these people -- thats
one of the things Im trying to do.
Kimberlin v. Hoge, Case No. 9148D, Trial Transcript (Md. Cir.Ct. Mont. Co. 14 May,
2015) at 54, 55. Transcript extract attached as Exhibit 1. F. Patrick Ostronic, Esq.,
was my pro bono counsel for the peace order trial. That is the entirety of her
allegation that I am somehow responsible for the other parents reasonable caution
and that their caution was a bad thing. Brett Kimberlin is a convicted felon, and he
has a history of unseemly relationships with underage girls. He cannot deny his
criminal record. See, e.g., Kimberlin v. White, 7 F.3d 526, 528-29 (6th. Cir. 1993)
and Kimberlin v. Dewalt, 12 F Supp.2d, 487, 489-490 (D.Md. 1998). Nor can he
deny that Tetyana Kimberlin has testified in open court (Exhibit 2) that he seduced
3
her when she was 14 years old and he was over 40, a fact that can underpin a
autobiography. 3 Its true that I have written about Kimberlins past and present
connection between anything I wrote or said and the alleged action taken by the
bunch of people who supposedly contacted the Hinckley family. They may have
learned everything they found about Brett Kimberlin from other sources
information about him is widely available on the Internet, and he has his own
obsessively and incessantly for the past four years. I have never engaged in
about us just to harass us. I have never written any post on my blog or sent any
business, and they have compiled and stored gigabytes of data in scores of
digital and paper folders about our family. They conduct forensic analysis
of photos and videos associated with us through meta data [sic] markings
3Singer, Mark, Citizen K: The Deeply Weird American Journey of Brett Kimberlin,
Knopf, New York, 1996.
4
to find patterns and connections. They have sent people to our home to
deals with acts supposedly undertaken by me in concert with Aaron Walker. Mr.
Walker is a lawyer, and I work pro bono with him as a paralegal on First
Amendment cases. While it is true that I have amassed a great deal of information
about Brett Kimberlin and, tangentially, his family, the contexts of journalism and
litigation defense were left out of Tetyana Kimberlins statements. The fact of a
reasonable explanations for why I had collected information about him. Mr. Walker
is also a blogger who has written about Brett Kimberlin, and Kimberlin has also
sued him multiple times. Thus, Mr. Walker has had reasonable grounds to collect
misleading with respect to the rest of the Kimberlin household. I have sought and
her elder daughter. Any such information was related either to assistance rendered
4 Kimberlin lost all four suits. Kimberlin v. Walker, et al., Case No. 380966V (Md.
Cir.Ct. Mont. Co. Aug. 12, 2014), affirmed Nos, 1553, 2009 Sept., 2014 and No. 365
Sept., 2015, Md.Ap. Feb. 2, 2016, cert. denied; Kimberlin v. National Bloggers Club,
et al. (I), Case No. 13-CV-3059 (D.Md. Mar. 17, 2015); Kimberlin v. National
Bloggers Club, et al. (II), Case No. 403868 (Md. Cir.Ct. Mont. Co. Mar. 7, 2016); and
Kimberlin v. Hunton & William LLP, et al., Case No. 15-CV-723 (D.Md. Mar. 29,
2016). None of the last three suits survived motions to dismiss.
5
to Mrs. Kimberlin while she was estranged from her husband and was seeking
custody of her daughters,5 or related to Brett Kimberlins involving his wife or her
elder daughter in his lawsuits, or related to the peace order and criminal charges
facts would have tempered the Commissioners decision to charge. With the
for Mrs. Kimberlin, I have never asked any third party to contact the Kimberlins, so
any unlawful contacts they may have received have nothing to do with me. In one
Kimberlin at his place of work. The process server was threatened and called the
Montgomery County Police for assistance in serving the subpoena. That altercation
[redacted] since she was 14 with a multi year course of harassing and
stalking behavior. Except to the extent that she has been caught up in Brett
Kimberlins use of the courts to attempt to silence me, I have had no interest in
harassment or stalking of her. When Brett Kimberlin filed the peace order petition
5 When Mrs. Kimberlin was unable to afford legal counsel to defend herself from
actions filed by her husband in 2013, I organized an online fund raiser to collect
donations to pay for her lawyer. When Mrs. Kimberlin asked that the fund raising
be terminated and that all the funds collected be returned to the donors, I paid her
lawyers fees.
6
Because he couldnt present sufficient evidence to meet the low threshold of
reasonable probability, stalking was denied as a basis for the temporary peace
order.
have never attacked Tetyana Kimberlins elder daughter either online or in the
physical world. I have never knowingly made a false accusation concerning sex
offenses concerning Brett Kimberlin. He has sued me several times for defamation
and/or false light, alleging, among other things, that I have falsely accused him of
sex offenses. He has lost every lawsuits he has filed against me. The first ended in
a directed verdict in my favor because Kimberlin did not produce one scintilla of
evidence (Judge Eric Johnsons words) to support his claims. The other suits were
dismissed for failure to state a claim upon which relief could be granted and/or res
judicata.
j. [He has] said that [he] can save her. I have never said
that I could save Tetyana Kimberlins elder daughter from any peril.
pages, photos, videos and posts that she has placed on line. I have never
trolled Tetyana Kimberlins elder daughters social media accounts. I did copy
information that she posted online for use as evidence to defend myself against the
7
l. This has frightened her I have never taken any action
directed toward Tetyana Kimberlins elder daughter that would cause fear in a
reasonable person.
music videos she has uploaded to YouTube. [He has] incited other twisted
has] posted comments on blog posts talking about her titties and falsely
comments of any sort on articles about Tetyana Kimberlins elder daughter or about
music videos she has posted on YouTube. On the contrary, I have asked people to
leave her alone. I have never commented in any public forum, online or real world,
about her appearance or any part of her body. I have never insinuated that she has
school basketball game. The comment I made to the blog post in question gives
Tetyana Kimberlins elder daughters birth month only and notes that she would be
8
16 on her next birthday following my comment. The obvious purpose of my
further comments about her. On information and belief, the blog post itself was
written by the anonymous blogger known as Paul Z. Krendler who is not a close
associate of mine.
there is child porn at our home and that she is being watched while
undressing. I have never contacted the police about any child pornography in the
Kimberlin household. I have never told the police that Tetyana Kimberlins
that any person should be targeted for any form of harassment because of
corruption of blood.
offered her money to make false statements to get [redacted] taken away
from us. I have never offered Tetyana Kimberlin money to make a false
statement. I did pay for Mrs. Kimberlins legal counsel who represented her in a
custody battle with her husband while they were estranged. In early July, 2013, I
attended a session of the District Court in Montgomery County during which Mrs.
Kimberlin sought a protective order against her husband. The hearing ended with
her in handcuffs because Brett Kimberlin had filed a petition for an involuntary
9
mental examination. I wrote a blog post about what I saw in court that day. The
next day, Jay Elliot, Mrs. Kimberlins boyfriend (she was estranged from her
husband at that time), contacted me to tell me that she had been quickly released.
Mr. Elliot and I arranged to meet the following day, and Tetyana Kimberlin came to
that meeting a few minutes ahead of him, so I actually met her first. After she
described her situation, I offered to assist her in obtaining legal counsel to seek
custody of her children. Mrs. Kimberlin and I met several times during the months
of July and August, 2013, while I was taking care of various matters to support he
legal battle with her husband. I have never taken any action that would cause her
children to be taken from her; the assistance I gave her was intended to help her
daughters talent as a musician or her musical career. I have never taken an action
related to her career or intended to affect it. I have never engaged in any behavior
directed toward her that a reasonable person would consider creepy or scary.
including reporters. I have never attacked anyone because of his or her support
10
u. [He has] threatened to take depositions of her and her
friends to ask about sexual topics. I have never threatened to depose Tetyana
[was] engaged in child abuse through [his] online bullying. She said that
they may well end up behind bars. Judge Creighton made no such statement
during the 14 May, 2015, trial about me. She was speaking about someone else.
No child should have to endure the onslaught of bullying and abuse [this]
adult[] [has] masterminded and direct [sic]. I am not the ringleader of any
campaign of bullying directed to any person. I have never been the ringleader of
campaign of bullying.
Thinking Mans Zombie, which posted the blogs about hungering over
[redacted], and making her fair game, and saying that she is sexually
abused. As I have previously testified under oath, I am not Paul Krendler and
have no control over the blog known as The Thinking Mans Zombie. Exhibit 4. On
11
information and belief, no articles have ever been published at The Thinking Mans
Zombie alleging that Tetyana Kimberlins elder daughter has been subjected to
sexual abuse.
and she admitted that I did not try to friend her in her testimony during the 14
May, 2015, de novo peace order trial. She testified that another person had tried to
wants to save [redacted]. I did not send any such email to Tetyana Kimberlin.
and then [redacted]. Mr Hoge writes daily posts on his blog targeting our
family. This statement is clearly false with respect to the relationship between
Tetyana Kimberlin and me. I met her when she was estranged from her husband
and made arrangements for her to have legal advice and counsel during a custody
dispute with her husband. Assistance in obtaining legal counsel is hardly a form of
attack. As for Brett Kimberlin, my blogging about him stems from my interest in
First Amendment issues and my opposition to his attempts to use the courts to
12
gag order6 as a part of peace order against Aaron Walker, a lawyer who had
provided pro bono advice to a blogger Kimberlin had sued for defamation. I
continued covering Kimberlins activities after reporting on that peace order case
and have since become one of his targets. The daily posts on my blog about Brett
Kimberlin and his activities or about his associates and their activities do not target
his family. In fact, they are only mentioned to the extent that he has dragged them
I, William John Joseph Hoge, solemnly affirm under the penalties of perjury
that the contents of the foregoing paper are true to the best of my knowledge,
6Kimberlin claimed that it was harassment for anyone to write truthfully about his
past and present activities even if that writing did not come close to incitement as
defined in Brandenburg v. Ohio, 395 U.S. 444 (1969). In the process of issuing the
gag order against Mr. Walker, the District Court judge hearing the case specifically
refused to be bound by Brandenburg, and ordered that Mr. Walker, who is also a
blogger, could not speak or write about Kimberlin for six months. The order was
quickly overturned by the Circuit Court, and the District Court judge was
subsequently disciplined.
13
Exhibit 1
Kimberlin v. Hoge, Case No. 9148D, Extract of Testimony of Tetyana
Kimberlins Elder Daughter (Md. Cir.Ct. Mont. Co. May 14, 2015) at 54, 55. The
first names of minor children have been redacted.
IN THE CIRCUIT COURT FOR MONTGOMERY COUNTY, MARYLAND
------------------------------X
:
BRETT KIMBERLIN, :
:
Appellant/Plaintiff,:
:
v. : Case No. 9148D
:
WILLIAM HOGE III, :
:
Appellee/Defendant. :
:
------------------------------X
TRIAL DE NOVO
------------------------------X
:
BRETT KIMBERLIN, :
:
Appellant/Plaintiff,:
:
v. : Case No. 9148D
:
WILLIAM HOGE III, :
:
Appellee/Defendant. :
:
------------------------------X
Rockville, Maryland
matter commenced
APPEARANCES:
Page
Tetyana Kimberlin 31 41 42 43
(Judge) (Judge)
Exhibit No. 1 38 39
Exhibit No. 2 47 --
Exhibit No. 3 52 --
Exhibit No. 4 74 --
Exhibit No. 1 83 84
Closing Arguments:
Judge's Ruling 93
54
4 A -- and my dad.
9 bunch of people came over to Marley's house and told them about
11 Marley's
Child 2 parents researched my father heavily and
12 found every single thing about him, found all the Twitter
21 saw this guy's, they made this pedo bear of my dad, and so
5 attacking my articles.
8 about me. And they wrote on the article about me, and said
12 All I am trying to do --
14 saying "they," and there's only one person here, and it has to
16 is --
21 Honor --
24 and --
BRETT KIMBERLIN
v.
By:
_________________________
KIMBERLY L. CHWIRUT
Transcriber
Exhibit 2
Walker v. Kimberlin, et al, Case No. 398855V, Extract of Testimony of
Tetyana Kimberlin (Md. Cir.Ct. Mont. Co. May 14, 2015) at 200 - 203.
IN THE CIRCUIT COURT FOR MONTGOMERY COUNTY, MARYLAND
------------------------------X
:
AARON WALKER, :
:
Plaintiff, :
:
v. : Civil No. 398855
:
BRETT KIMBERLIN, ET AL., :
:
Defendants. :
:
------------------------------X
JURY TRIAL
------------------------------X
:
AARON WALKER, :
:
Plaintiff, :
:
v. : Civil No. 398855
:
BRETT KIMBERLIN, ET AL., :
:
Defendants. :
:
------------------------------X
Rockville, Maryland
matter commenced
APPEARANCES:
Exhibit No. 7 65 66
Exhibit No. 8 72 74
Exhibit No. 9 87 --
Exhibit No. 10 107 --
Exhibit No. 12 121 122
Exhibit No. 13 123 131
Exhibit No. 14 132 --
Exhibit No. 15 139 140
Exhibit No. 16 141 --
Exhibit No. 17 144 --
Exhibit No. 18 155 --
Exhibit No. 19 158 --
Exhibit No. 20 166 169
Exhibit No. 21 175 175
Exhibit No. 6 -- 38
Exhibit No. 29 -- 39
Exhibit No. 43 18 42
Exhibit No. 44 18 42
Exhibit No. 45 21 --
Exhibit No. 46 21 --
Exhibit No. 47 21 --
Exhibit No. 48 21 --
Exhibit No. 49 21 --
Exhibit No. 50 21 --
Exhibit No. 51 32 --
Exhibit No. 52 32 --
Exhibit No. 53 32 --
Exhibit No. 54 32 --
Exhibit No. 55 59 --
Exhibit No. 56 188 --
200
1 A I don't recall.
6 Q Oh, but --
10 BY MR. WALKER:
11 Q In the --
12 A In 1995, yes.
13 Q In the summer?
14 A Yes.
16 A Yes.
17 Q And you had, you first had sex with him before you
24 THE COURT: No, but yet, you did engage in sex with
3 And she was only 14 at the time. Arguably, that would have
16 prejudicial on --
20 irrelevant?
25 Go ahead.
202
2 after children.
4 question's at the time she was 14. That's the way the question
5 was asked.
19 engaged with, in sex with you at age 14, that some people might
22 country.
8 BY MR. WALKER:
11 A Yes.
17 BY MR. WALKER:
25 A No.
225
Digitally signed by Kimberly L. Chwirut
AARON WALKER
v.
By:
_________________________
KIMBERLY L. CHWIRUT
Transcriber
Exhibit 3
Photograph taken by the process server attempting to serve a subpoena on
Brett Kimberlin at 6513 79th Pl., Cabin John, Maryland 20818 in 2013.
Exhibit 4
Walker v. Kimberlin, et al., Case No. 398855V, Extract of Testimony of
William Hoge (Md. Cir.Ct. Mont. Co. Oct. 12, 2016) at 206.
IN THE CIRCUIT COURT FOR MONTGOMERY COUNTY, MARYLAND
------------------------------X
:
AARON WALKER, :
:
Plaintiff, :
:
v. : Civil No. 398855
:
BRETT KIMBERLIN, ET AL., :
:
Defendants. :
:
------------------------------X
JURY TRIAL
------------------------------X
:
AARON WALKER, :
:
Plaintiff, :
:
v. : Civil No. 398855
:
BRETT KIMBERLIN, ET AL., :
:
Defendants. :
:
------------------------------X
Rockville, Maryland
matter commenced
APPEARANCES:
Exhibit No. 1 -- 13
Exhibit No. 2 -- 13
Exhibit No. 3 -- 17
Exhibit No. 4 21 21
Exhibit No. 5 -- 22
Exhibit No. 6 -- 24
Exhibit No. 1 -- 37
Exhibit No. 2 -- 41
Exhibit No. 10 -- 79
Exhibit No. 11 -- 83
Exhibit No. 17 -- 106
Exhibit No. 18 -- 105
Exhibit No. 19 -- 107
Exhibit No. 26 -- 114
Exhibit No. 30 -- 164
Exhibit No. 41 -- 246
Exhibit No. 42 -- 250
206
1 the request of, or the behest of, or when he's acting for Mr.
5 BY MR. KIMBERLIN:
6 Q So, Mr. Hoge, are you telling the jury today that you
7 are not a sock puppet, that you are not Paul Krendler?
9 Q Okay.
11 marked exhibits.
13 BY MR. KIMBERLIN:
15 exhibits, first of all, 37, and ask if you can identify that.
16 A Yes, I can.
AARON WALKER
v.
By:
_________________________
PAT IVES
Transcriber
Exhibit 5
Kimberlin v. Hoge, Case No. 9148D, Extract of Testimony of Tetyana
Kimberlins Elder Daughter (Md. Cir.Ct. Mont. Co. May 14, 2015) at 71, 72.
IN THE CIRCUIT COURT FOR MONTGOMERY COUNTY, MARYLAND
------------------------------X
:
BRETT KIMBERLIN, :
:
Appellant/Plaintiff,:
:
v. : Case No. 9148D
:
WILLIAM HOGE III, :
:
Appellee/Defendant. :
:
------------------------------X
TRIAL DE NOVO
------------------------------X
:
BRETT KIMBERLIN, :
:
Appellant/Plaintiff,:
:
v. : Case No. 9148D
:
WILLIAM HOGE III, :
:
Appellee/Defendant. :
:
------------------------------X
Rockville, Maryland
matter commenced
APPEARANCES:
Page
Tetyana Kimberlin 31 41 42 43
(Judge) (Judge)
Exhibit No. 1 38 39
Exhibit No. 2 47 --
Exhibit No. 3 52 --
Exhibit No. 4 74 --
Exhibit No. 1 83 84
Closing Arguments:
Judge's Ruling 93
71
1 somebody waiting outside our house in this car once, and that I
4 this person said they were going to come down and kill my dad
11 house.
21 that's, that's --
22 BY THE COURT:
1 now on, I think I have gotten my facts mixed up, because if, I
2 should have had the thing, and I think I got Walker and Hoge
5 Q A thing?
7 Q A request to friend?
8 A -- this evidence.
14 think it was from him, but I'm not sure -- and I'm so sorry, so
15 I don't know.
BRETT KIMBERLIN
v.
By:
_________________________
KIMBERLY L. CHWIRUT
Transcriber