Team Kimberlin Post of the Day


Witness impeachment is the process of calling into question the credibility of an individual who is testifying in a trial. A party may impeach a witness by cross-examining the witness about facts which reflect poorly on the witness’s credibility. One does not impeach one’s own witnesses on direct examination—unless, of course, you are The Dread Pro-Se Kimberlin. This is from his direct examination of Ali Akbar during the Kimberlin v. Walker, et al. trial.

MR. KIMBERLIN: Mr. Akbar, have you ever been convicted of a felony?

MR. AKBAR: Yes.

MR. OSTRONIC: Objection.

THE COURT: Sustained.

MR. KIMBERLIN: Your honor, I believe it goes to his honesty.

MR. AKBAR: Going to impeach me?

THE COURT: Well —

MR. OSTRONIC: You called the witness.

THE COURT: What are you impeaching him for? It’s your witness. You’re calling your own witness and impeaching him?

I’m not making this up. TDPK expected to use Ali Akbar’s testimony to get evidence into the record after attempting to impeach him as an unreliable witness. Go figure.

I’ve mentioned in an earlier post that one of the basic rules of examining a witness in court is to never ask a question unless you know what the answer will be. TDPK repeatedly violated that rule.

MR. KIMBERLIN: I’m not asking you to give me a mission statement. I’m asking you —

MR. AKBAR: All right. What was the question again?

MR. KIMBERLIN: — a simple question. You know — have you ever raised, through the National Bloggers Club, or Bomber Sues Bloggers, or Rally.org, any money for any purpose to deal with me, my name, or any of these legal issues?

MR. AKBAR: I’d like to answer no, but clarify, if I may. We’ve raised relief funds for bloggers who have lost their jobs, families who have been attacked, families like mine. My mother and my brother have been attacked by your blog, BreitbartUnmasked.com, and —

MR. KIMBERLIN: I object. I object.

MR. AKBAR: — we’ve raised money. We’ve raised relief money.

THE COURT: Well, this is your question. You wanted to know if he raised any money —

MR. KIMBERLIN: Well, but he’s saying it’s my blog. I didn’t have a blog.

MR. AKBAR: Breitbartunmasked.com.

THE COURT: You can’t — if you think you’re not going to like the answer, don’t ask the question. You asked him if he’d raised the money —

MR. KIMBERLIN: Your honor, I’m just saying, you know, he’s making a statement that’s false.

Accuse the accuser.

So TDPK has said that Bretbart Unmasked isn’t his blog. We’ll see about that.

 

Team Kimberlin Post of the Day


The most recent member of Team Kimberlin to be stuck with the job of editing Kimberlin’s propaganda website Breitbart Unmasked (No, I won’t link to it.) is Matt Osborne. Since a principal duty of that gig seems to be helping Team Kimberlin dig even deeper holes for themselves in their lawfare, Bunny Boy has been assigned as the Team Kimberlin grave digger and is carried on the roster as 57F Osborne.

While I was reviewing the 50+ posts mentioning me over at Breitbart Unmasked, I found one from 3 September, 2013, that is a wonderful example of Osborne’s cocksure wrongheadedness. He called it We Are Criswell, and it made wildly inaccurate predictions about the lawsuit that The Dread Pro-Se Kimberlin had filed against Aaron Walker, Stacy McCain, Ali Akbar, Kimberlin Unmasked, and me in Montgomery County Circuit Court. Back in the ’50s, the real Amazing Criswell was a local TV huckster in LA who sold “Criswell’s Family Vitamins” on infomercials during which he claimed to be a psychic. He was best known for his wildly inaccurate predictions. However, the real Criswell, who occasionally got something right, had a much better record than Osborne—who got everything wrong.

My codefendants and I did not wind up facing “numerous lawsuits in the months to come.” TDPK has tried for a second bite of the apple with his RICO Madness, but that is now looking to be an even bigger disaster for him.

We haven’t had our “asses hauled before a judge and jury to examine their fund raising frauds, tax violations, schemes, and scams.” TDPK hasn’t alleged any tax violations in either suit, and he has been unable to show any of the elements of fraud in either case.

When the case did come to court, we didn’t “lose because they have given Mr. Kimberlin more than enough evidence to prove malice.” TDPK was way short of enough evidence; indeed, the judge told him that he essentially had none.

OTOH, 57F Osborne assuming the Criswell personality for his predictions makes some ironic sense when one considers that The Amazing Criswell is probably best known for his appearance in the worst movie ever made, Plan 9 from Outer Space.

Team Kimberlin Post of the Day


Here’s another whopper from one of The Dread Pro-Se Kimberlin’s court filings. This is from his opposition to my motion to dismiss his first amended complaint in the Kimberlin v. The Universe, et al. RICO Madness.ECF 29-22TDPK asserts that I was in on his mythical fraudulent fund raising on behalf of National Bloggers Club in May, 2012. I was a newbie who hadn’t heard of NBC back them.

The real hoot is the “media report” he cites as Exhibit J. It’s supposed to show what we were seeing in the media back in May. The report is dated August.

Then there’s the question of the reliability of the report. It’s from Matt Osborne quoting Bill Schmalfeldt and Breitbart Unmasked as sources.

I couldn’t make this stuff up if I tried.

Prevarication Du Jour


The Cabin Boy’s™ claims that he no longer had access to his liberalgrouch.com email account after September, 2012.PBT210403291332Z

On 6 December, 2012, Schmalfeldt published a post entitled While Stranahan Offers Rewards for Imaginary Threats, We File Complaint for Real Internet Crime. As of last night, the post was still up at Breitbart Unmasked (No, I won’t link to it) (H/T, @stephensheiko). That post contains this:BU20121206

#Liar

UPDATE—Lest the Gentle Reader think the Cabin Boy™ simply made a typo once on 6 December, he included the same sentence in a post called While Stranahan Offers Rewards for Imaginary Threats, We File Complaint for Real Internet Crime the next day. Oh, and don’t think that the second occurrence was a matter of cut-and-paste. He also published the following in a post called Take Heart, Fools! Stranahan is Spending Your Money WISELY on the 7th:BU20121207

#StupidIsAsStupidDoes

UPDATE 2—StephenSheiko201403311104ZHeh.

UPDATE 3—The Cabin Boy™ is still trying to claim that he wasn’t using the account past mid September.PBT201403311052ZNow, it may be true that his “friends” can’t find any of his emails, but suppose that one or more of his ex-friends kept such emails.

From: [redacted]
Date: Tuesday, September 25, 2012 11:28 AM
To: The Liberal Grouch <editor@liberalgrouch.com>
Subject: Re: question

Copy …
[redacted]

On Tue, Sep 25, 2012 at 11:27 AM,The Liberal Grouch <editor@liberalgrouch.com> wrote:
Stand by.

From: [redacted]
Date: Tuesday, September 25, 2012 11:23 AM
To: Old Liberal Grouch Account <editor@liberalgrouch.c= om>
Subject: question

Bill;
How can I register for a login at the Patriot-Ombudsman?

[redacted]

#StopDigging

UPDATE 4—Mmmmm. Trader Joe’s Caramel Popcorn for breakfast.

UPDATE 5—Last, but not least, it should not be surprising that some of Schmalfeldt’s adversaries have saved emails. Note the date.

Date: Fri, 19 Apr 2013 21:24:48 -0400
Subject: On the subject of swatting,
From: Bill Schmalfeldt <editor@theliberalgrouch.com>
To: Aaron Worthing <[redacted]@gmail.com>
CC: “Tae H. Kim” <thkim@attorneytaekim.com>

Mr. Walker.

I believe a judge has thrown out the case where I was accused of sending a swatting message. Therefore, there is no evidence I have swatted anyone, and I am telling you I have never swatted anyone. If you value your meager possessions, you will henceforth refrain from saying, suggesting, inferring or intimating that I have ever been directly or indirectly responsible for swatting anyone. I am sending a copy of this notice to my attorney ,Mr. Tae Kim, who ate your lunch in Howard County recently as you will recall.

I have never swatted anyone, have never been involved in the swatting of anyone, and have never had foreknowledge of anyone’s impending swatting. Your next inference that I have been responsible for such reprehensible behavior had better be accompanied by proof, or you will be considered to have willfully, with malice and forethought, libeled me in a public place.

Do we understand each other? In fact, I believe I insist on an apology and a statement that you have no knowledge that I have ever been involved in swattinganyone. Pleaseensurethatthisapologyissenttomeviae-mail, with a copy to Mr. Kim, and is posted publicly on Twitter.

Thank you. https://twitter.com/AaronWorthing/status/325410494141845504 Bill Schmalfeldt

Copy to Tae Kim

UPDATE 6—Of course, the email to Aaron Walker is from THEliberalgrouch.com rather than just plain liberalgrouch.com—another example of the Cabin Boy’s™ multiple (Internet) personality disorder. BTW, it appears that Schmalfeldt wants to surplus that domain.LG4SaleHowever, that’s not the case. The domain is now owned by a cybersquatter.

Prevarication Du Jour


A few hours ago, I noted that Breitbart Unmasked posted photographs of Mr. and Mrs. Aaron Walker taken by Brett Kimberlin while he was stalking the Walker’s at the Howard County District Courthouse on 1 March, 2013. Bill Schmalfeldt was the editor of Breitbart Unmasked at the time the pictures were published. A few hours ago, the Cabin Boy™ tweeted this.@parkypundit201403010222Zwalkerandwife1walkerandwife11Here are thumbnails of the pictures that were published. There’s no question that the pictures were taken by Brett Kimberlin. He was photographed while he was taking a picture of Mrs. Walker, and there is forensic information tying the images to his iPhone. There is also no question that Bill Schmalfeldt (in his “Liberal Grouch” persona) was editor of the blog at that time. As of 12:01 am ET today, they were still on line at www.breitbartunmasked.com/wp-content/uploads/2013/03/walkerandwife1.jpg and www.breitbartunmasked.com/wp-content/uploads/2013/03/walkerandwife11.jpg.

These aren’t the greatest images, but the Breitbart Unmasked posts using them claims that they are, in fact, pictures of the Walkers.

UPDATE—The thumbnail on the right is a picture of the Walker’s car with Mrs. Walker sitting in the front seat. It was taken from a fairly low angle, suggesting someone sitting in a lower car parked in front. If you look closely, you can see that something is covering Mrs. Walker’s face. It turns out that it was an iPhone, and that she was using its camera.TDPKstalkingHer photo shows someone in a gold Prius holding an iPhone up as if to take a picture. According to the contemporaneous records, that Prius has the same tag number as the one shown in the online court database for a traffic ticket issued to Brett Kimberlin, and Brett Kimberlin was driving it.

Breitbart Unmasked, a website over which the Cabin Boy™ exercised editorial control, published the pictures in question on two occasions, tagging them as “walkerandwife1″ and “walkerandwife11.” But the Cabin Boy™ says that he was not responsible. He’s right. He was irresponsible.

Prevarication Du Jour


The Dread Pro-Se Kimberlin included a copy of a Breitbart Unmasked post by Xenophon the Troll (No, I won’t link to it) as an exhibit in that motion he filed after the judge order him to stop filing motions in the Kimberlin v. The Universe, et al. RICO Madness. That got me to reread the post, and I found this howler.BU20120221

“Dozens of peace orders”? Plural? At least 24?

Let’s fact check that.

Looking at the Maryland Judiciary Case Search database, we find the following peace orders petitions have been filed against Bill Schmalfeldt: 06C13063359, 1002SP002432013, and 1001SP003432013. That’s a total of three. One of them was granted and then extended.

Running the same check on The Dread Pro-Se Kimberlin turns up these petitions: 06C13063590, 0601SP033922012, and 0601SP003412013. I am also aware of another peace order petition filed against TDPK which is now sealed and no longer appears in the public record. That’s a total of four. One of them was granted against Kimberlin. Over the past couple of years, TDPK has filed four peace order petitions against three individuals, and all failed either at the final hearing or on appeal.

The last time I checked, seven is substantially less than “dozens.” IIRC, when sealed protective orders are added in as well, TDPK has filed more petitions against others than have been filed against him, and every single one of his has failed in the end.

#Loser