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Kimberly didn't let up. Two years after her initial complaint, she filed a federal lawsuit against Moriarty and the Johnson County, Kansas, Board of Commissioners, in which she repeated the masturbation allegations and added new ones. She cited a report, written by one of the disciplinary investigators, in which a witness reportedly "did see" Moriarty masturbating. The word not, implied contextually in the report's content, had obviously been omitted by mistake. Kimberly nonetheless used the typo as evidence that she'd been right all along.
Opening a second front in her legal war wasn't the smartest move, but Kimberly soldiered on.
A turning point came on October 31, 2007. Kevin had permission to take his son trick-or-treating in Kimberly's Lenexa neighborhood. As Kevin and his son walked back toward the home that the Irelands formerly shared, Kevin noticed McKee's car parked in the driveway. In court documents, Byrne said McKee and Kimberly jumped out of the vehicle. McKee rushed Kevin, stood nose to nose with him, and yelled, "You wanna fight?"
After this, Byrne requested that the court disqualify McKee as Kimberly's counsel. Byrne pointed out that he may need to depose McKee as a witness, and he told the court that McKee's professional and personal conflicts of interest were delaying the case's progress.
Judge Slater agreed and disqualified McKee.
Byrne still needed to determine Kimberly's true annual income. Slater had ordered Kimberly to furnish the firm's financial information, but when she ignored his orders, he granted her more time. The "delay for the sheer sake of delay," as Byrne wrote in a letter to Slater, was benefiting Kimberly, who continued to receive $2,200 a month from Kevin in spousal and child support, a sum that would likely be reduced once the case was settled or tried. In late December 2007, Byrne asked Slater to recuse himself from the case. The judge obliged.
Judge Thomas Foster of Johnson County District Court took over. He was much stricter in regard to the discovery issue. In a January 23, 2008, telephone conference with Kimberly, Byrne and Kevin, Foster told Kimberly that he'd make it one of her "life's priorities" to supply Byrne with the documentation.
"You get access [to McKee & Ireland LLC's financial records] or else," Foster told her. "And the 'or else' right now is either a financial penalty or have you sit in the jail."
Instead, Kimberly continued to stall. Her filings became increasingly desperate. Between January and February 2008, she filed stacks of motions, including requests for Byrne to be disqualified as Kevin's attorney. After Foster denied all of these motions, she moved for a change of judge. Again, denied.
At a May 27, 2008, hearing, Kimberly still hadn't turned over the financial information to Byrne, so Foster ordered that Kimberly be fined $50 for each day she failed to comply. Had she been required to pay, Kimberly would have racked up nearly $5,000 in fines, but Foster ultimately dropped his order for sanctions. In court transcripts, Kevin says his counsel never received the requested documentation from McKee & Ireland LLC.
A frustrated Kimberly sought out a fresh audience. On June 12, 2008, Kimberly filed a 100-page lawsuit in the Circuit Court of Miami County (where Byrne lives), naming Byrne; Kevin; Kevin's father, Jim; and McElroy as defendants. Kimberly's kitchen-sink list of accusations included invasion of privacy, malicious prosecution, malicious defense, defamation, infliction of emotional distress, blackmail and extortion, tortuous interference, civil conspiracy and abuse of process.