What I Saw in Court Today

The hearing for a Final Peace Order in the Elliott v. Kimberlin case was held in the District Court in Silver Spring, Maryland, this morning. Neither Mr. Elliott or Brett Kimberlin did a good job of presenting their views of the facts to Judge Hamitlon, and he wound up denying the Peace Order.

Yes, the judge did allow Kimberlin to testify even though he knew that Kimberlin had a perjury conviction, although I’m not sure that the testimony advanced Kimberlin’s cause. If my note taking and recollection are correct, Brett Kimberlin’s testimony in this hearing contradicts or, at least, is undermined by his testimony from last week. It will interesting to compare the two transcript recordings when they become available.

Mr. Elliott can appeal the matter for a new trial in Circuit Court. He has 30 days to make up his mind.

UPDATE—I verified the first comment below with Mr. Elliott before allowing it through moderation. Its from him. He says he will appeal.

UPDATE 2—Mr. Elliott is asking for help. He can certainly have mine. Gentle Reader, if you also wish to help Mr. Elliot, make yourself known in the comment section. Is there a lawyer out there who would take the case pro bono? Would anyone be willing to contribute to a legal fund?

UPDATE 3—Normally, I’m not concerned with off-topic comments, but for this post please stay on topic.

31 thoughts on “What I Saw in Court Today

  1. I would be willing to contribute. He should also check out legal aid, or perhaps a referral from your attorney? Mr. Elliott is African American, and as you have noted before, Kimberlin has said some racists things in the past. That, combined with his well documented convictions, imprisonment, and ongoing tendency to harass, may be enough to motivate someone who can practice in Maryland.

  2. It’s pretty disturbing to see tweets comparing people to property. A few weeks ago, I thought that CBBS, in telling the world part of his life story, noted that the wife he divorced 30 years ago was his second wife. Did anyone else catch that? Does anyone know what happened to his first wife?

  3. I think you should appeal pro se. That will allow you to argue this:

    This is a copy of Brett Kimberlin’s authorized biography for which he was paid six-figures. It establishes that Kimberlin chose to be a public figure who sought notoriety for his crimes.

    In the book the author outlines Kimberlin’s relationship with the ten-year old daughter of Sandi Barton which included unsupervised trips for three consecutive summers. The author found a coworker of Barton who claimed Sandi told her Kimberlin was grooming her to be his wife. The girls older sister was so alarmed by Kimberlin that she expressed her reservations to her grandmother Julia Schyphers. Schyphers had the two granddaughters move into her home. Schyphers was soon after murdered in what the police believed was a murder-for-hire. After the death of Julia Schyphers the two girls went to a family in Texas. The book quotes an FBI agent as reporting Kimberlin approaching the FBI to finger the Texas couple for the murder of Julia Schyphers. Kimberlin offered to show where the murder weapon was buried on their property. The FBI agent, and the author, drew the obvious inference as to how Kimberlin could have possibly known the chain of custody of the murder weapon?

    In my own mind I find the author’s story to be an honest and truthful account of his investigation of Brett Kimberlin. I have no reason to subjectively believe that either the author invented that FBI agent, or that some FBI agent fabricated the story.

    After Schyphers was murdered a series of bombs were detonated in Speedway Indiana, which in one instance so badly maimed a man, Carl DeLong, that he chose suicide over living with the pain his injuries caused. Kimberlin was convicted of a series of crimes, including the bombings, and was sentenced to fifty years in prison. The DeLong estate won a million dollar judgment for DeLong’s wrongful death among a series of torts. While in custody, the Indiana Star Tribune reported that during sentencing the prosecution noted that a fellow inmate had reported that Kimberlin had solicited him to murder a series of people including the chief prosecutor, and beat and rob others persons Kimberlin believed had crossed him in drug deals. A different inmate reported Kimberlin making him a substantially similar offer.

    I think the evidence strongly suggests that Kimberlin has a pattern of retribution. I think that a reasonable and prudent person acting in good faith would conclude that any malicious statements by Brett Kimberlin is inherently a threat.


    • Kimberlin served over dozen years in prison for his multiple crimes. He was paroled on the condition, among others, that he pay the wrongful death judgment. His parole was revolked when he failed to direct the money due him for his biography to the widow of his victim. The parole board concluded that his relatives had obviously helped him to conceal assets from the judgment, and, that he had defrauded a mortgage company when he failed to disclose the judgment.

      Kimberlin in sworn testimony stated that he “ran” two non-profits, and, that his stake in them was entrepreneurial in that increases to the revenues to his non-profits could and would result in him taking a larger draw. Though the revenues to his non-profits has risen to mid-six figures his draw has remained as $19,500. I suggest this is not a coincidence. It appears that Kimberlin has used the non-profits to hide assets.

      One of those assets is the family car, an SUV. Nominally, it was a company car, but, in practice it was the family car. Upon their separation she retained the SUV. Unknown to his ex-wife he installed a GPS tracker in the vehicle. Recently, it became known to her and me that he had been tracking her movement, and, thus, when we were together, my movements. He was, also, tracking her cellphone. I suggest this was stalking.

      Brett Kimberlin has repeatedly came to my place of employment with the intent of trying to have me fired. This was clear and obvious harassment. On this facts alone I am entitled to a peace order.

      Brett Kimberlin was convicted of perjury in Indiana. As a convicted perjurer he is not allow to testify in Maryland court.

      Brett Kimberlin in past hearings has tried to distract the court from the fact that this is a hearing about his repeatedly contacting my employer with the intent of having me fired by trying to turn the hearing into a circus by blaming me for his wife leaving him. I ask the court to keep the hearing focused in on stalking alleged in the complaint.

  4. Not sure if this is the correct location but Mr. Elliott should know that Bill Schmalfeldt has posted a picture from Mr. Elliott’s Facebook page. I’m pretty sure Bill did not ask for permission to use the copyrighted image. I’m sure a politely worded request from Mr. Elliott to Schmalfeldt’s twitter would rectify the situation.

  5. Pingback: Brett Kimberlin’s Enemies List Expands to Include His Estranged Wife: ‘She’s Nuts!’ : The Other McCain

  6. Seriously, please email Popehat – Ken White has written about Kimberlin before, so even though he doesn’t use the Popehat signal often or easily, he may consider doing so in this case. mailto:ken@popehat.com

  7. Kimberlin won Popehat’s Censurious Asshat of the Year Award http://www.popehat.com/2012/12/26/vote-in-the-second-annual-popehat-censorious-asshat-of-the-year-poll/


    Ken has written multiple posts about Aaron Walker – http://www.popehat.com/2012/07/05/aaron-walker-defeats-brett-kimberlin-retains-first-amendment-right-to-blog-about-him/

    Maybe he’ll say no, but it’s worth a try and Mr. Elliot would get top notch representation for free. Donations would help cover whatever costs are involved for witnesses, exhibits, whatever.

  8. Pingback: … the Lunatics Brigade … « Lake Erie Conservative

  9. BK has contacted Jay’s employer 7/19-7/20 – their counsel and franchisee. He has made the same, reprehensible allegations and is threatening a law suit for enabling Jay to brainwash and kidnap Tatyana. Jay needs to lawyer up. The franchisee is scared for his/her own safety now and considering terminating Jay’s employment.

  10. yes i have been in trouble with the law yes i was in the marine corp yes i was kicked out cause of my crime that i was convected of.. but this man is post flyer out side my job he posting picture of my daughter on ther internet also… posting texts that i never said what next? he making this to be personal posting my daughter on the internet…..

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