Sanctions Hearing Transcript


Here is the transcript of the 9 April, 2014, sanctions hearing in the Kimberlin v. Walker, et al. nuisance lawsuit.

You can help my codefendants (Aaron Walker, Stacy McCain, Ali Akbar, and Kimberlin Unmasked) and me defend ourselves from The Dread Pro-Se Kimberlin’s vexatious attack on our First Amendment rights. Go to Bomber Sues Bloggers to find out how.

UPDATE—It seems that the news of the hearing on the 9th is getting around and that some of the other defendants in the RICO Madness would like to bring it to the attention of Judge Grimm.

24 thoughts on “Sanctions Hearing Transcript

  1. i haven’t seen any glaring errors in my attempt at a transcription, although I haven’t done a deep study of it. as i said before, unless the court reporter wrote things down significantly differently than reality, i will defer to them. also a small event in the RICO case today. Tune into my blog in a bit for details. But its not up yet.

  2. Btw, posted brief analysis of the Smith letter, here: http://allergic2bull.blogspot.com/2014/04/breaking-blowback-for-convicted-and.html

    This could delay any rulings by judge Grimm, but that is only likely to happen if the judge wasn’t sure whether to body slam brett in court. if he decided to do that–that he is a recidivistic document forger who deserves a brutal sanction–then the judge might decide there is no need to delay because he is already going to kick Brett’s arse with sanctions.

    Or the judge might delay just as a matter of course.

  3. So when is a montion for contempt filed? It seems to me the judge pretty much stated specifically that the authority is there to fine/sanction under a contempt motion, but not for a sanctions motion….

      • 🙂 Some days we must accept happiness in the fact that the world still spins in orbit as our Creator intended. Everything above that is gravy!
        I wish you a holy Triduum my friend!

      • Well, Neal, the typical Alzheimers sufferer’s thoughts are more lucid than yours. An Alzheimers patient’s thoughts might very well be slow, and confused, but your thoughts are simply crazy. Calling you a nutter is a serious disservice to those with mental illnesses. You’re completely wacko. Most people with mental illnesses are not.

  4. I envision this all ending like Monty Python and hte Holy Grail. We have all these activities and diversions and ups and downs and in the last great charge the cops come in from off screen and round the whole gang up.

  5. Thank you for posting this transcript. When I first read your summaries, I wondered why Mr. Kimberlin was so quick to withdraw his motions at the beginning of the hearing. Having read this, it seems that Mr. Kimberlin was trying to get the court to think that there was no further business for this hearing, and to end it. It looks like it almost worked. Mr. Ostronic had to spend a huge amount of time persuading the court to consider the motion for sanctions.

    I’m grateful for your coverage and these documents. I know basically nothing about the legal system, so learning even a little about how it works has been fascinating.

  6. Some of Kimberlin’s game is revealed here. He files bogus things, then goes to court and withdraws them, currying favor with the court because he is speeding the process by doing so.

    Like I said, the court wants this dog’s breakfast out of its sight.

  7. I am a little curious why Mr. Ostronic only filed a motion for Sanctions and not also a motion to show cause, and why the only remedy explicitly requested was dismissal. Keeping in mind that it is easy to armchair quarterback this sort of thing, perhaps counsel wanted the dismissal more and thought if he had only one remedy requested he would be more likely to get it… it just seems a motion to show cause is such an obvious sister motion – of course the Judge could probably also have, on her own motion, set a show cause hearing for the plain fraud on the Court.

    This being the second clear example of Kimberlin attempting to defraud the courts in recent months, I find it unusual that neither Judge has contacted the local prosecutors and requested criminal charges be brought. I would think that if these transcripts were provided to the local district attorney’s office they may be willing to consider a criminal charge whether any criminal charges are applicable. I am not a lawyer licensed to practice in Maryland, but I would think § 9-101. Perjury would apply under these circumstances in the Maryland case. Possibly obstruction of justice. I have a hard time believing criminal contempt is the only remedy under these circumstances.

    • Upon further consideration, “§ 8-606. Making false entries in public records and related crimes.”
      “b) Prohibited.- A person may not or may not attempt to:
      (1) willfully make a false entry in a public record;
      (2) except under proper authority, willfully alter, deface, destroy, remove, or conceal a public record; or
      (c) Penalty.- A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both.”

      I would think this ought to apply insofar as a court pleading is a public record. If it doesn’t fit, and contempt is the only appropriate criminal sanction, that would be amazing. Then again, as was mentioned in the federal case, this sort of fraud upon the Courts puts the Court’s in uncharted waters.

  8. Despite the judge’s exasperation and stern rebuke of BK, she gave him some pro-se slack after all. The transcripts show she thought he was claiming to be a first-time pro-se litigant. Though she was very ready to fine him for the obvious document doctoring, if she could, she wasn’t ready to call him a cirminal. She apparently didn’t know who she was dealing with, and his bad act was appraised as an isolated act, as by someone green in the early stages of a suit who could be warned off now and punished more severely for future conduct if it recurred.

  9. “I am a little curious why Mr. Ostronic only filed a motion for Sanctions and not also a motion to show cause, and why the only remedy explicitly requested was dismissal. ”

    This.

    Ostronic is clearly doing some good lawyering, because the judge was about to shut the ledger and move on. But I am also surprised that the only sanction that he asked for was dismissal. Now, I am not in court a lot, but I don’t think I have ever seen an attorney not ask for fees just as a matter of course. I thought for sure it would have been in there, so I was surprised that the judge didn’t go with that. But it wasn’t put before her as a remedy. She could have done that on her own, of course, but just from the reading – she was looking to get out of there as soon as she could.

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