Yesterday, we looked at the Application for Peace Order that TDPK filed against Aaron Walker on 9 January, 2012, and compared the claims he made in it with the video evidence of what actually happened. TDPK also filed an Application for Statement of Charges against Mr. Walker on the same day. Such applications are made under penalty of perjury.
As you can see on the first page, TDPK claims that Aaron Walker hit him on the shoulder and chest and pushed him. On the second page, he makes further claims. First, that he was hit on the face, shoulder, and chest. Second, that Mr. Waker tried to come at him several times. Third, that Mr. Walker was enraged because TDPK did not call him as a witness in the hearing that occurred immediately before the altercation.
Those of you who missed yesterday’s post (or who want to review the evidence) can find the surveillance video here. As noted yesterday, the video does not support TDPK’s claims of assault and battery. Furthermore, the video shows Mr. Walker keeping his distance from TDPK for the remainder of the incident. He doesn’t appear to be attempting to confront Brett Kimberlin again, and he doesn’t appear to be restrained by anyone. The video evidence contradicts TDPK’s description of the event.
His third claim, that Mr. Walker was enraged because he was not called as witness, is not supported by the transcript of the hearing. Mr. Walker did not attend as a witness. He attended to intervene with a motion to seal personal information that TDPK had inappropriately included in a public court document. Judge Rupp granted Mr. Walker’s motion. While the judge did not allow Mr. Walker to offer evidence during the hearing, there is nothing in the transcript that reflects his being enraged.
So we have a document affirming under penalty of perjury things that do not appear to have happened. And no prosecution.
Tomorrow we’ll look at another set of seemingly bogus claims. Stay tuned.
