SC

Family Court Judge: Social Conservative Leader Did Not Molest His Son

SO WHY IS JOSHUA KIMBRELL STILL FACING CHARGES? || By FITSNEWS || A family court judge in Greenville, S.C. has determined there is no evidence to suggest embattled Upstate social conservative leader Joshua Kimbrell molested his son – and has permitted the activist and radio show host to see his child…

SO WHY IS JOSHUA KIMBRELL STILL FACING CHARGES?

|| By FITSNEWS || A family court judge in Greenville, S.C. has determined there is no evidence to suggest embattled Upstate social conservative leader Joshua Kimbrell molested his son – and has permitted the activist and radio show host to see his child for the first time in nearly six months.

The findings of judge Harry L. Phillips, Jr. affirm a previous determination by the S.C. Department of Social Services (SCDSS) – which two-and-a-half months ago determined the allegations against Kimbrell were “unfounded.”

According to Phillips, Kimbrell’s son – three-year-old Tristan Kimbrell – did suffer abuse, however he described the nature of that abuse as a “mental injury.”  And get this – he says the abuse originated not from Kimbrell, but rather from his accuser (and ex-wife) Kacy Lyons Hatmaker.

Whoa …

Despite these developments, Upstate solicitor Walt Wilkins – nephew of powerful former U.S. ambassador and S.C. Speaker of the House David Wilkins – has yet to drop the child molestation charges filed against Kimbrell.

Why not?  Well … let’s just say there are political considerations at play.  Specifically, we’re referring to a fourth district congressional seat that may come open in the near future – one both Kimbrell and Wilkins reportedly have their eye on (the latter reportedly viewing it as a “stepping stone” to the S.C. governor’s mansion).

“Wonder what’s taking so long with that?” one Kimbrell ally asked sarcastically.

From the beginning of this drama, we’ve urged people to withhold judgment until all the facts came in.

“If Kimbrell is innocent, then his accuser is guilty of the most insidious character assassination we’ve ever seen,” we wrote early on in the case. “If he’s guilty, though, there is literally no punishment we view as too severe.”

Increasingly, it’s looking as though the former is the case …

S.C. governor Nikki Haley – who named Kimbrell to her 2014 “Faith and Family Coalition” – wasted little time in forming her opinion on the matter, though.  Quietly (and quickly) she scrubbed his name from her campaign website the day the story broke – eager to avoid a scandal less than three weeks away from the November 4 elections.

Other social conservatives stood by Kimbrell, though, saying such graphic accusations were “not uncommon” in protracted custody battles like the one between Kimbrell and his ex-wife.  In addition to the shock waves it sent across the Palmetto State, the Kimbrell case also drew national attention – with one fathers’ rights columnist weighing in all the way from California.

Anyway, we’ll continue to follow the case and let you know if there are any new developments …

***

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51 comments

Inciteful February 13, 2015 at 8:33 am

Hell hath no fury,….than that of a politician seeking to wipe out his competition.

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Dems and RINO's defeated February 13, 2015 at 8:48 am

Created and sensationalized to try and ‘wipe out’ Haley just prior to the 2014 election and to destroy this young man’s career. Both are Christians.

Take care of your son Josh. The temptation for justice and revenge is understood.however let God and your attorney handle that.

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nitrat February 13, 2015 at 8:59 am

Haley is Christian?

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nitisnutz February 13, 2015 at 9:03 am

Yes.Just like Obama is a Radical Muslim.Just look at their policies weirdo.
You went after Josh because he was a Christian.

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The facts February 13, 2015 at 10:11 am

Born and raised as a Sikh; Methodist for political advancement.

pot calling kettle black? February 13, 2015 at 11:07 am

(Obama) Born and raised a Muslim. A Christian for political advancement.

Wake Up February 13, 2015 at 10:07 am

And your girl showed her stripes and ‘wiped out’ Kimbrell instantly and literally. Considering the IQ of SC Republican voters is around 3, her election was in the bag. This accusation was not going to sway the election. ‘Christian’ Haley could have done the Christian thing and stood by this nobody. But she had, and has, no faith. She could have proved it’s not always about her. But it is ALWAYS about her. There is no i in team, but there are two i’s in Nikki (and 2 k’s. Does that give us the only governor with a stripper name?).

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mamatiger92 February 13, 2015 at 8:33 am

Selfish idiots like this woman make it so much harder for parents with legitimate abuse allegations. Throw her ass in jail.

How heartbreaking for this child.

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guest February 13, 2015 at 8:37 am

Right. You were one of the first ones in line proclaiming his guilt.Shame on you.

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mamatiger92 February 13, 2015 at 8:40 am

huh?

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You know who it is February 13, 2015 at 10:00 am

Don’t take the bait.

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nitrat February 13, 2015 at 8:56 am

I don’t remember seeing anyone here ‘proclaiming his guilt’.
Some people just like to wait until the evidence is in.
Just because you or I know someone doesn’t mean they are not capable of a crime.
I don’t think they’re going to throw this mother’s ‘ass in jail’, but it will be a while before she has unsupervised visits with her child.
Let me point out some of the bad ‘reporting’ here. When did the Family Court make the decisions? Has this site seen a copy of the court order? Those facts could have bearing on the dismissal of a criminal case.

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selective memory? February 13, 2015 at 9:00 am

You did.You were judge and jury.

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nitrat February 13, 2015 at 11:59 am

No. I never said he was guilty…because I don’t know.
And, based on the lack of any documentation HERE of a judge’s decision (and, the previous reported DSS decision) we really have not one bit more EVIDENCE than we had when FITS posted the first story about this case.
But, you are just certain in your belief in this man and nothing will change that. I understand people like you. I simply never have that kind of blind faith in another human being.

Jackie Chiles February 13, 2015 at 1:16 pm

Lack of evidence is evidence. You sound like someone who’d be like “yeah, I mean sure the police have presented no evidence Billy robbed the store at 3:00 a.m., but Billy has no evidence proving he DIDN’T rob the store other than his so-called story of being asleep.”

nitrat February 13, 2015 at 6:29 pm

You miss my point. I’m saying FITS has provided no evidence documentation of anything he has told us that DSS or the judge said.
Someone appears to be whispering in his ear, but FITS provides no documentation that what he is relaying is .
As I have said before, if the DSS case has been unfounded, the father was sent a Determination Fact Sheet saying so.

Jackie Chiles February 13, 2015 at 9:45 am

There were a lot of people on here saying “he must have done something, he didn’t get bail.”

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Rocky February 13, 2015 at 10:59 am

That’s true, and I was one of them. And I, sir, was wrong.

Jackie Asswipe February 13, 2015 at 4:09 pm

Yeah. And your sorry ass was here posting all kinds of incorrect facts about the law and the process relevant to the same.

Jackie Chiles February 16, 2015 at 10:28 am

As it turns out, my information was correct as he was granted bail when a judge heard his case. Thanks for playing though.

Karen February 13, 2015 at 2:32 pm

I would imagine these records will be sealed because of the notoriety of the parents, the drama and circus atmosphere of the case, and to protect the little boy.

Why is it that when some couples are divorced, the children are used as a pawn? Unless they (or the court) get their acts together, if their son is not already permanently scarred, he will be. I’ve seen it happen over and over —— no one wins, and the children lose — and they didn’t do anything to deserve this.

Hasn’t the ex-wife remarried? I wonder what happened to cause them to split up with such a young child? He couldn’t have been much more than a year old when they divorced, because this “stuff” has been going on for some time

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Jackie Asswipe February 13, 2015 at 4:11 pm

Yes, she remarried and moved to Texas. Don’t expect her to be in her second marriage much longer, however.

Bible Thumper February 13, 2015 at 9:06 am

Kacy Lyons Hatmaker is not the only bad guy in this situation. Walt Wilkins is also responsible and Upstate detective Brittany Valdario.

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mamatiger92 February 13, 2015 at 9:09 am

If the allegations are false, then she is ultimately responsible.

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Bible Thumper February 13, 2015 at 9:16 am

Innocent people don’t always go free and even if he does, Josh and his son have been permanently harmed by a bad process. Innocent people plead guilty to to lesser charges to avoid the risks and expense of trial.

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just sayin February 13, 2015 at 9:11 am

Any evidence of a connection between the 3 of them and one of Haley’s opponents from 2014 race that happened to be from the ‘upstate’?
Timing of this allegation and the way it was sensationalized by certain media sure appeared suspicious?

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vicupstate February 13, 2015 at 10:09 am

Please, I would never vote for Haley, but even I wouldn’t change my opinion of her just because a Facebook friend of hers had done something wrong.

This was a vindictive divorce/child custody matter and nothing more.

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Paul Drake February 13, 2015 at 11:22 am

What are you hiding ‘vic’?

Mom February 13, 2015 at 11:00 am

First time I have agreed with you, my friend.

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Bible Thumper February 13, 2015 at 8:55 am

I wish Joshua the best, but there nothing in the law that requires Wilkins to take any action at all. There is no deadline for filing a court case and no statute of limitations. So far it has been four months. The fact that an innocent child may be separated from his innocent father is not a factor that the law or the courts consider.

The odds are against Josh. In Federal cases 90% are settled by a plea bargain and 8% are dismissed. The remainder go to trial.

Wilkins is holding the sex offender database and the child’s custody over Josh’s head in order to get him to plea to a lesser charge.

Politically, that is better than a dismissal for Wilkins.

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Robert Evans February 13, 2015 at 2:40 pm

Wilkins will suffer politically for doing this. His actions here will be thrown front and center on any future election he’s involved in. Right now he is sweating and trying to think of a way out of this that doesn’t make him look like a blatant abuser of power.

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Jackie Asswipe February 13, 2015 at 4:15 pm

Your ignorance of the law is noted.

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Bible Thumper February 13, 2015 at 4:21 pm

“A pending felony charge. like from an open police investigation, usually can be held over your head without filing court charges until the statute of limitations runs, and that can be years.”
http://criminal-law.freeadvice

The Palmetto State, however, has no statute of limitations for any criminal prosecution, meaning prosecutors can bring charges whenever they can. – See more at: http://statelaws.findlaw.com/s…

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Jackie Asswipe February 13, 2015 at 11:26 pm

Sorry. You know your stuff.

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Jackie Asswipe February 13, 2015 at 11:13 pm

You better check your law (if you even know how, which I doubt), Bozo.

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Bible Thumper February 13, 2015 at 11:15 pm

You just need to look below.
V

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Bible Thumper February 13, 2015 at 11:19 pm

Are you going to respond to my post below?………… Thought not.

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erneba February 13, 2015 at 8:59 am

Not saying who is right, or who is wrong, but the stench of SC politics at times makes a cesspool smell like a fragrant bouquet of roses.

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Bible Thumper February 13, 2015 at 9:37 am

We should be getting another disrespectful “canned response” from Wilkins soon.
https://www.fitsnews.com/2015/01/15/upstate-solicitor-fire-josh-kimbrell-case/

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Jackie Chiles February 13, 2015 at 9:44 am

That ex-wife needs to be jailed for filing a false police report.

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The Colonel February 13, 2015 at 9:51 am

It’s time to go after Wilkins with a several civil suits – even if Kimbrell were to lose, the “internet effect” (“…hey’d you see this article I found about Wilkins…”) damages whatever (ridiculous) political ambitions Wilkins has.

The creek Wilkins now has to paddle doesn’t smell good and his paddle was taken away by an apparently thorough investigation by DSS and a finding of “unfounded” by Judge Phillips. Wonder when Wilkins will wipe that creek water out of his eyes, figure out that his canoe has no bottom and find a way to get out of this quietly.

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Here It Comes February 13, 2015 at 1:02 pm

Kacy Lyons Hatmaker must be charged, arrested, and prosecuted in criminal court. Additionally, she must pay for all legal fees associated with the fathers criminal and family court defense – and also pay child support to the father. Furthermore, those who libel and slandered the father in social media forms are now subjected to civil suits amounting to hundreds of thousands ( if not millions ) in damage awards.
.
Over the course of the next 12 to 16 months, the public can likely expect that there is going to be dozens of lawsuits initiated against all of those who posted negative and disparaging remarks against the father on Facebook, Twitter, and broadcasted negative and damaging remarks and statements concerning the father in this matter. You will also take notice that perjury is a felony and carries 5 years in prison; and, Libel and Slander as defined by the South Carolina Code of Laws, et al, is a criminal offense – subject to punishment by fine not to exceed five thousand dollars or by imprisonment for a term not exceeding one year, or by both fine and imprisonment.

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Jackie Chiles February 13, 2015 at 1:22 pm

Let’s not get carried away. Libel and slander require knowledge of the falsity of the statement. Nobody but Kacy Lyons Hatmaker knew the allegations were false prior to the DSS and Family Court rulings.

Additionally, the expression of opinions are not slander/libel (ex. “I bet he did it.” or “If he didn’t do it, he wouldn’t have gotten jail).

Furthermore, Josh is a public figure so it will be next to impossible for him to win a libel/slander suit against anyone other than his ex-wife on the one specific instance of accusing him of a crime of moral turpitude.

Finally, spending money, time, and resources pursuing a bunch of anonymous internet commenters with $15 dollars to their name is a losing endeavor with little to no upside.

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HAHAHAHAAHAHA February 13, 2015 at 1:32 pm

If you are a lawyer, it is my opinion that you are not worth a shit at it.

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Jackie Chiles February 16, 2015 at 10:34 am

(charlotte school of law dropout)

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Point of Order February 13, 2015 at 1:48 pm

“pursuing a bunch of anonymous internet commenters with $15 dollars to their name is a losing endeavor with little to no upside.”

How dare you sir!

I have $30 dollars, not $15. Don’t lump me in with the rabble.

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SC Judicial Corruption February 13, 2015 at 1:06 pm

Kacy Lyons Hatmaker = Dr Jekyl Ms Hyde. Typical psychopath who sheds crocodile tears. But we know that no family court judge will put her in jail, simply because she is a woman. That is how many Family Court judges are in this state. They go easy on women, and when doing do, they violate Federal Equal Rights laws.
.
Watch this case closely as to what the corrupt family court system does.

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atwaters ghos' February 13, 2015 at 1:25 pm

Prosecutorial misconduct? Wonder if Lexington ring gets a pass in this circuit?

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Ya Think? February 13, 2015 at 1:26 pm

“… fourth district congressional seat that may come open in the near future – one both Kimbrell and Wilkins.” ….. Wilkins illegally and criminally using the law to impact a federal election? This becomes, among other things, a civil rights violation subjecting Wilkins to 5 years in both state prison – and a separate sentence to 5 years in Federal prison. He also runs the risk of being stripped of his law license if found guilty. We should file dozens of complaints for professional conduct violations against Wilkins, ya think?

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Guest February 13, 2015 at 2:00 pm

Nothing short of Jail for the Woman, and an investigation of the solicitor and detective will serve justice

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Robert Evans February 13, 2015 at 3:31 pm

“A family court judge in Greenville, S.C.
has determined there is no evidence to suggest embattled Upstate social
conservative leader Joshua Kimbrell molested his son”

Is ‘no evidence’ a direct quote from the judge? I have not heard of any evidence against the father aside from a polygraph of the mother, and polygraphs are supposed to have a legal worth of absolute zero. So if ‘no evidence’ is in fact the case, then his whole arrest and filing of charges looks like a miscarriage from beginning to end. A miscarriage so obvious and blatant that heads are going to roll.

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