Prevarication Du Jour


In October, 2010, The Dread Pro-Se Kimberlin filed a bar complaint against my RICO codefendant Patrick Frey. (Patterico is a lawyer and serves as a Deputy DA in Los Angeles County, California.) In that complaint TDPK cites a section of a California government Guide to Employee Conduct and Discipline. The boldface type is in TDPK’s original complaint.

Section (w) prohibits “[u]nlawful discrimination, including harassment, on the basis of race, religious creed, color, national origin, ancestry, disability, marital status, sex, or age, against the public or other employees while acting in the capacity of a State employee. Covers all acts of unlawful discrimination and harassment by an employee against a member of a protected gtoup, under the auspices of State employment. Acts could be against employees or members of the public.” I am considered as having a disability because of my status as a felon. I have not committed any crime for more than 31 years and have worked hard to be an outstanding member of societysince my release from prison many years ago. Yet Mr. Frey is using his hate blog to harass, bully, defame, investigate and stalk me, with the intent to cause violence against me and ruin my ability to earn a living. He is taking advantage of my disability to target me, and using his official position as a Deputy District Attorney to give credibility to his savage attacks against me.

I’m not making that up. TDPK claimed that he is disabled because of his felony convictions. Of course, there are certain legal “disabilities” that come with being a felon. Felons can’t possess firearms. They can’t vote in some states. But those are not the kind of disabilities mentioned in regulations or laws such as the Americans with Disabilities Act.

The comment section is open for mockery.

31 thoughts on “Prevarication Du Jour

    • Mr. Frey did acquire a mortgage to buy a house. And has used that house to write his blog, where he defames TDPK by calling him a convicted felon.

      Looks like he’s got a case!

  1. Also the little dear is not so innocent and upstanding as he claims. It took outright fraud on a mortgage application, among other attempts to improperly shield or hide assets to get him tossed back in the pokey til at least 2001.

  2. People always try to go after Pat’s job, they need to understand that he blogs as PAT not a ADA. Also, pointing out someone is a Felon is the truth. He needs to leave Pat and his family alone, as well as everyone else.

    Now if Kimberlin is talking about a Mental disability, well, then….

  3. This is a slap in the face to every disabled person who has faced real discrimination.

    when introducing the first draft of what became the equal protection clause, Thaddeus Stevens (himself a truly disabled man), said it was his dream under it that “no distinction would be tolerated in this purified republic but what arose from merit and conduct.”

    It goes without saying that setting bombs is conduct.

    • Exactly. As another person who has benefited from the legislation to protect disabled persons I concur with your statement. As a convicted felon I can say that that status is not a disability as described in the legislation. The fact that I am medically disabled and in fact, a Hospice patient, in no way lessens any of my correctly imposed punishments and sanctions. These punishments and sanctions are the just result of my own actions and criminal behaviors, thus my status as a convicted felon is a consequence of my actions and not a disability.
      Although I do think the only disability Kimberlin might legally claim is that of mental defect …

      • Am I reading this right? Is he basically saying that if Bernie Madoff lives for another 20 years (unlikely at his age I know but it was the first example that comes into my head) and gets out of jail and starts..say a non-profit, that I couldn’t have a blog that says every day “Daily Reminder, Bernie Madoff is a convicted Felon.”

        Because such an act would unfairly discriminate against Bernie Madoff?!
        That can’t possibly be right. (I mean obviously it’s not right, but I can’t believe someone would even try that line of argument.)

        Taken to it’s logical conclusion, he’s arguing that the government should force us to believe that criminals are reformed when they say they are. Yeah, I’m going to go with “I get to keep my opinion.”

        • Actions speak louder (and more truthfully) than mere words. I am not reformed or redeemed … yet. I am on the road to reform and redemption but will never achieve that status in life only in death. While I draw breath there is always the chance that I may relapse and revert to the old ways of crime and deceit. The same is true of Kimberlin except he has not made any effort towards reform or redemption.

  4. Tsrbike, no, he’s not “right” – I can only imagine the sober, grave expression of the person charged with first look at BKs complaint morphing into suprise and then mirth of the highest degree.

  5. Kimberlin, nasty little weasel that he is, might have been trying to twist and distort Obama admin. EEOC guidelines (not ADA) about hiring felons that now require “individual assessment” of felony conviction before a person can be excluded from employment because of them. The reasoning behind the regs is pretty faulty and social justicey’ – essentially that protected classes (race and national origin) experience disparate impact from contact with the criminal justice system.
    To prevent disparate impact on these protected classes, each potential hire with a criminal conviction must get individual review and the employer has to justify or show that the conviction is relevant to the position.

    The regs have obviously been highly criticized as creating confusion and having the effect of giving special protection to criminals, who are the least deserving of privilege.

  6. This shows the very warped view of society and himself, possessed by the sociopath. For a sociopath, reminding him of the consequences of his own conduct is unfair, mean, and out to be illegal.

  7. Actually, though the argument makes no sense at all, that is the one piece of legislation which strikes fear into many folks. Other than maybe claiming to be an endangered species, claiming to be disabled in some way is the surest way to become protected by the federal government.

    I hope a judge sees through this vexatious litigant, who also happens to be a serial bomber, who brought a bomb to a high school football game, put another under a police car, refused to pay restitution to the widow of one of his victims, and whose authorized biography details his inappropriate closeness with a very young girl. Disabilities? Nah, those are conscious, evil decisions. Just my opinion.

  8. BS seems to think this post is a bad idea, and offers his layperson opinion on the topic of libel. If you want to read an expert opinion, I suggest you read Ken White’s post over at Popehat. Also, if you read BS’s post, please note that the word “judgment” has only one “e,” and it isn’t found after the “g.”

  9. He hasn’t committed a crime in more than 31 years. Easily disproven. What I’d like to know more about is his forging documents for his own release (and forging all the necessary signatures) at midnight on Memorial Day only to have the plan foiled when he was moved to a different prison.

  10. You know what is especially interesting about the “31 years” claim? First, the implicit admission that he did commit a crime. So much for sooper seekrit exoneration. Second, he WAS IN JAIL for much of that time. Incarceration tends to prevent crimes being committed, at least outside of jail.

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