Dread Pirate #BrettKimberlin and the Fifth, Again


I’m going skip over TDPK’s Motion to Dismiss in the Virginia Walker v. Kimberlin, et al. civil suit because it seems to be nothing more than a long rehash of previously shot down arguments. Moving right along, we have his Motion for Protective Order to Stay Discovery.

<mockery>IANAL, but my father was, and he impressed on me the wisdom of never proceeding pro se in a court case other than a minor traffic ticket. “John, the man who represents himself has a fool for his attorney.” TDPK seems to a worked example of that saying.

Take a look at the paragraph at the middle of page 7 of the motion, specifically the third sentence.

Plaintiff asks Defendant to admit to bombing, murder, perjury, pedophilia, fraud, extortion, and a host of other crimes over the past forty years.

Here’s the Request of Admission served on TDPK.

Well, the bombing conviction is a matter of public record. Failing to admit to that crime can be taken as a lack of remorse. It can also be taken as an impeachment of TDPK’s credibility. Let’s look at some of the other things Brett Kimberlin says he is being asked to admit to.

Murder. There’s nothing in the Request for Admission about TDPK committing murder. The closest item is this.

7. Admit a woman Julia Scyphers was found murdered just weeks after you complained she was “harassing” you.

How would admitting to that coincidence be incriminating?

Perjury. Brett Kimberlin’s first conviction was for perjury. The testimony he gave in a 2011 hearing in Maryland is not consistent with the record of his parole revocation.

6. Admit you lied when asked the following question at a November 14, 2011 hearing in Montgomery County (MD) Circuit Court. “Were you released and then sent back to prision for a 12parole violation, for failure to pay compensation to the, Ms. 13Delong (phonetic sp.), the wife of Carl Delong, who took his 14own life after those bombs.”

Pedophilia. The Request of Admission does not directly address this subject either. The closest item is this.

9. Admit that you took multiple trips alone with an underage girl who was the granddaughter of Julia Scyphers in the 1970s.

That’s not pedophilia per se. However, one of the Interrogatories served on TDPK asks this:

11. Please describe in detail your relationship with [Name Redacted] including:
a. Any out-of-state trips you took with her while she was a minor either alone or with others
b. The length of the relationship
c.  Whether you had sexual relations with her while she was a minor or after she reached the age of majority
d. When you last has contact with her

The name has been withheld because the girl was a minor child at the time of the events in question. If there is no pedophilia involved, why not answer the questions?

Fraud. Not a single request for admission deals with fraud, unless, of course, an accurate description the failure to pay the DeLong judgment is incriminating or the financial activities of Justice Through Music Project and/or Velvet Revolution US are bogus.

Extortion. Nothing in the Request for Admission relates to extortion per se.

Host of Other Crimes. Such as? Once again, unless the financial activities of JTMP and VRUS are shady, what’s the problem?

None of his motion reads as if it were written by or about an innocent man. I’m reminded of Proverbs 28:1. “The wicked flee when no man pursueth …” They can also try to run when the good guys are in pursuit, but we can also try to catch ‘em.</mockery>

There’s more to come. Stay tuned.

6 thoughts on “Dread Pirate #BrettKimberlin and the Fifth, Again

  1. Well well. At least he finally seems to be citing law for his assertions. IANAL so I have no idea if they are good and/or correct citations, but he seems to have at least put them in.

    I have a feeling he will probably argue that since he told Mr. Backer that he planned to file these motions that he fulfilled his duty under rule 4:15.

    So, guess we will see what happens next on 10/26

  2. Wouldn’t it be fraud as well if he is caught lying to people about his past in connection with JRMP or VR? It could probably be argued that people would not have donated to his non-profits if they had read a real biography instead of the ones he has been trying to pass off.

    Here is an example (hopefully the usual commands for italics works):

    Kimberlin has taken to claiming that he was a political prisoner. For example, he had a band called Epoxy, and the band’s page of biographies for the band members says this about Kimberlin.

    Brett Kimberlin

    Epoxy arose out of the hellish depths of Brett’s time in prison for exercising his First Amendment rights to speech and political activity. Without any trial, Brett was hauled off to federal prison after being targeted by right-wingers who wanted to punish him for being a musician, writing a book and speaking out about politics.

    From an interview:

    5. Your views and political stance landed you time in prison – Did your views and/or ideas change because of the time you spent in prison?

    My views about justice only got stronger in prison. I got to see and feel injustice first hand and spent a lot of time fighting for the rights of prisoners who were uneducated or from foreign countries. I have kept it up since being released, spending a great deal of resources on civil rights and liberties.

    6. Many groups and organizations took up your cause and rallied for your release, did this surprise you and how did the media pick up your story?

    My case is very convoluted but in essence, I was punished for exercising my First Amendment right to speech. Fortunately, many enlightened people came to my defense, along with the American Civil Liberties Union, Amnesty International and Human Rights Watch, and that is why my band is donating a portion of each sale to those groups. It did not really surprise because the actions of the American Government were so blatant and therefore it was hard to ignore. What does surprise me is that so many people did and do not care what happened to me. My feeling is that if people don’t stand up to government sponsored injustice, it will only get worse.

    The above was taken from the following post at Patterico’s Poitifications:

    http://patterico.com/2010/10/11/brad-friedmans-partner-and-buddy-a-convicted-bomber-perjurer-and-drug-smuggler-suspected-murderer-and-election-integrity-hero/

    So by admitting to question 6, heck by admitting to the bombings question, he is being forced to provide the proof that he has knowingly lied by trying to re-write his past. Again the above statements can also be used to go to credibility I would think.

  3. Kimberlin, in his initial answer offered a general denial to every accusation that Walker made including the ones Kimberlin believes constitute criminal acts. Surely, explaining ones innocence would not place one in any legal jeopardy of prosecution.

  4. At least he seems to be getting some sea legs. He’s making actual arguments and filing appropriate motions. He is probably getting some sort of legal advice. He’s still got a hill to climb, as his refusal to cooperate in the litigation is not going to please the judge very much.

    I’m pretty sure he doesn’t know what “admissions” are, or their purpose. He shouldn’t have any difficulty answering the issues presented in the request for admissions. If he is getting legal advice, he’s not getting good advice.

  5. Right, so Kimberlin was asked to “Please describe in detail your relationship with [Mrs Scyphers's granddaughter] …”.

    He has now told the court, apparently in reference to this request, that “Plaintiff asks Defendant to admit … pedophilia …”. If this statement in the motion does indeed refer to the aforementioned request then by pure semantic logic (not legally of course, and I do not claim this is anything more than an error by Mr Kimberlin) this motion is itself an admission that he did have sexual relations with a minor. He was asked to clarify his relationship, he states that this is a request to admit paedophilia therefore his relationship must have been sexual with a minor. Otherwise it would be a request for him to confirm he only slept with her after majority, which he could quite easily have answered.

    He now really has to show that his motion referred to a different post, or admit that he is either an idiot or a a paedophile.

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