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Letter From State's Attorney 4.25.12 (OCR)

Letter From State's Attorney 4.25.12 (OCR)

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Published by AaronWorthing
Letter from a subordinate of John McCarthy, State's Attorney for Montgomery County, Maryland, explaining why they were not prosecuting Brett Kimberlin.
Letter from a subordinate of John McCarthy, State's Attorney for Montgomery County, Maryland, explaining why they were not prosecuting Brett Kimberlin.

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Published by: AaronWorthing on May 07, 2012
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11/01/2015

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ST",n:.So\ITOR.

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r. aron J. Walker
anassas Virginia 20109
State's Attorney for Montgomery County
50 Maryland Avenue
Rockville, Maryland 20850
(240) 777-7300
Fax (240) 777-7413
TIY (240)
wwwcommumty pr05eCUooa 01&
April 25. 2012
RE: tate v. Brett Kimberlin, 4D00277939
Dear Mr. Walker:
In m role as the Deputy Chief of the District Court Team, I review citizen complaints alleging
peIjury as well as other citizen complaints that come to my attention_ As ou know a Commissioner
rna. issue a statement of charges based upon a determination as to whether probable cause exi ts.
However it does not folio that this Office automaticall prosecute all such ca es. Instead, we
evaluate them on a case-by-case ba is to determine hether it is in the intere t ofjustice to go fan "ard.
The above-captioned matt r i the third citiz n omplaint im'01'in you and Mr. Kimberlin. t
my direction. the tate dropped lh charges in the other tv.·o. ery respecLfuJI... it is m belief that
your dispute with r. Kimberlin cannot be resol ed in the criminal justi ystem. I cannot help but
notice that the Iran ript of the peace order hearing hicb 'ou h Ipfully provided reflects the follO\1 ing
statem nt [rom the pre iding Judge. the Honorable Gary G. E emgam. -It ms ... quite apparent to
this Court that both of you are way too invested in each other's affairs and way loo inve ted in trying
to do harm to one another:' I further note from th transcript that Judge Ev apparently credited
r. Kimberlin' te timon. and, con equently, extended the peace order again t you until August 8.
2012.
Please note that this Office does not take sides in per anal di putes of an kind. In my
judgment, the evidence in the above-captioned matter is insufficient to \ arrant further action and none
\\ill be taken_
Therefore. I have directed the entr. of a nolle prosequi to the above-captioned matter.

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