Team Kimberlin Post of the Day


The Dread Pro-Se Kimberlin is now stuck having to prosecute his Kimberlin v. The Universe, et al. RICO Madness based on his Second Amended Complaint. The court has ruled that he gets no more do overs. That means he has to make his case using junk like this—ECF 135-189For those of us who haven’t memorized all the thousands of pages of the U. S. Code, here’s what 18 U.S.C. § 1512(k) says.

(k) Whoever conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense the commission of which was the object of the conspiracy.

Notice that § 1512(k) doesn’t prohibit anything. It simply describes what the penalty for conspiring to commit a violation would be. So what that means is that in paragraph 189 TDPK is accusing my fellow defendants and me of … nothing at all.

Federal Rule of Civil Procedure 15(a)(3) requires that we defendants respond to an amended complaint “within 14 days after service of the amended pleading.” The Clerk of the Court posted it on PACER on 24 June. TDPK should expect a deluge of paper between now and 8 July. He will then have 14 days to reply; the second half of July might be quite busy.

popcorn4bkBTW, all of the discovery in the state Kimberlin v. Walker, et al. case is due on the 10th, and the trial for that case is set for 11 August. Yep. The second half of July could be busy.

Stay tuned.

37 thoughts on “Team Kimberlin Post of the Day

  1. I’m interested in observing him lie in discovery and want to see him face the consequences for that. I think he will lie in the discovery replies because several of the questions are about facts that are reasonably well documented, but Team Kimberlin has tried lying about them anyway. And it is obvious from past encounters that he hates being faced with some of those questions asked of him.

    • I really think it’ll end before it gets to the 10th. Correct me if I am wrong but all TDPK has to do to avoid discovery is drop the suit, right?
      So I suspect that’ll happen 7/9/2014. Unless of course TDPK really thinks he can win at trial. If he really thinks he can dazzle 12 people with Bullsh….crap. Bullcrap. He might try to go on. I

      • I don’t know. Brett has a history of failing to understand which of his lies are implausible. But even if he drops the state case because he wimps out on discovery, there is still the Federal pro-se RICO case.

        My assessment of Brett Kimberlin is not going to change much regardless of outcomes on these cases. Anything less than full admission of all wrongdoings, plus sincere attempt at helping victims undo the wrong, would be less than full justice. It is quite right for us onlookers to publicly pressure him (using just and peaceful means only) to renounce and cease crime and injustice. There is even evidence that the pressure helped: notice even though he must be angry, he did not hire a drug trafficking associate to shoot anyone this time. Bill Schmalfeldt and Neal Rauhauser are bad, but for Brett to hire them to harass people is pretty tame compared to his old ways.

  2. Lawnchair, popcorn, binoculars. Watch the horizon for the implosion of Kimberlin’s case. It’s going to be a real hoot if he has to provide a live performance in court.

  3. WhileI already knew that the audio is not supposed to be published, I don’t understand how transcripts and audio of public proceedings can be subject to such a condition. I would seem a matter of public interest.

  4. 18 U.S. Code § 1512 appear to be a criminal code statute. A criminal statute does not typically create an independent claim under a civil action. This is probably why the conspiracy counts were dropped in the state civil suit… because the Judge determined that conspiracy was not a recognized tort, under Maryland Law. Now just because Maryland law does not have a common law conspiracy claim recognized under Maryland civil law would not necessarily mean that there is no federally approved cause for conspiracy in a civil law suit, I have no opinion on that, but considering that TDPBK didn’t do his research before filing in the state case makes is likely that he didn’t check in the Federal case either. State courts do not typically allow sanctions for filing a frivolous claim; the federal courts however… heh.

    • Do you know whether sanctions are unavailable within the state of Maryland specifically? If so, what about claims for abuse of process, etc?

      • I am sure Maryland both allows sanctions for frivolous suits as well as allows independent causes of action for malicious (civil) prosecution; however, typically courts, anywhere, usually do not impose sanctions on a losing party.

  5. I think BK is going to ride these cases all the way in. I do not believe that he thought he would win either one. I think that the purpose of the cases was to annoy his targets, and to cost them time and money. To that extent, he has succeeded. And so far, it has had little negative impact on him. Not sure what sanctions were requested and granted regarding discovery in the state case, but not being able to use anything related to discovery in his case is not that limiting, as he had no real hope of winning to begin with. And, again, he will likely give minimally compliant answers that won’t be actionable. But he will have managed to annoy his targets for a year at least on the state case. Now, as AW has intimated, this would leave a possibility of asking for attorney’s fees, but our system is not loser pays, so I don’t know what the chances are of such an outcome. Just the concept of “well I wouldn’t have had to pay this if he hadn’t sued me” is not enough. It depends on the judge, as well. Remember, a Montgomery District judge who was supposedly mad about the forgery would not sanction BK in any way for that forgery. And one judge denied motions to dismiss because the accusations were so strong on counts that another judge dismissed because they weren’t even torts.

    The RICO case has been further lengthened. As the judge accepted the Second Amended Complaint, that appears to have started the 60 day clock on service of some of the defendants (including BS, heehee!) I doubt the judge will rule on MTDs until all of the defendants are ruled in or out on the service business. So even if the case is thrown out because the SAC is a sack, it will have also gone on annoying its targets for a year. But it may not get thrown out. It may get whittled down until it goes to jury, just like the state case. There is still a discovery phase, and I don’t expect it to go any differently than the state case. The defendants will comply, BK will not. It will likely lead to more wrangling over discovery.

    And by order, no Rule 11 stuff until after the case is over. So that is a possibility, but it will take its own time.

    Even if the cases are all wiped away by judicial action before they get to trial, BK will have achieved his goals. Unless something happens to actually cost him something, it is all a win for him.

    • That’s depressing, but sounds about right. Unless and until it actually hurts Kimberlin in some manner, most likely financially, any outcome is at least a minor win for him.

    • I have been pondering surprises myself, but of course their feasibility depends upon the niceties of Maryland’s law. I’m looking forward to being pleasantly surprised and perhaps greatly amused. Good luck.

    • The point of terrorism is not to kill people, but, rather, to instill fear in the 99.999% who survive. Brett Kimberlin has set out to make an example of Aaron Walker, John Hoge and others. What has he achieved? Neal Raushauser’s bragging about the harassment value of a pro se litigant caused such a backlash in the legal community that lawyers stepped forward to spare its targets the expense of fighting such an attack. Sure, Brett Kimberlin could find another target, but, it is equally likely to be meet with a similar response. Good luck trying to win a war of attrition against the Bar. Nor, has his lawfare achieved its censorial intent. Sure, some people must have shied away from the story, but, in other cases the resentment over censorship motivated folks such as John Hoge to act. Given he, apparently, complained bitterly about being a pariah in his neighborhood you ought to conclude that his attempts at censorship haven’t gone well either.

      Brett Kimberlin screwed the pooch when he sued people who’s attitude was, “Bring it on!” If you want to terrorize people with lawfare you have to target people who don’t want to be sued. Only then does lawfare has harassment value.

      • Supposing Brett’s complaint is true: The reaction of Brett Kimberlin’s neighbors is entirely understandable, and the only reason it didn’t happen earlier is that he successfully hid his own shadowy past from them. The reason this stopped working is because he insisted on using vicious evil actions against his critics and it may have backfired upon him in this regard.

        On Brett Kimberlin’s terrible track record with little girls, here it is in reverse chronological order
        – Sworn police complaint alleges he had daily sex with a 15 year old girl and tried to seduce that girl’s even younger cousin. He also submitted forged travel documents to enable him to marry the girl in violation of Maryland’s applicable laws about minimum age.
        – Wrote and performed song, “Teen Dream,” promoting older men having sex with teenage girls.
        – While in prison for his bombing campaign, he saw a picture of a 17 year old cheerleader, and called her, sent flowers and letters to her while in summer camp. When a summer camp official intervened, Brett filed a frivolous lawsuit against that man!
        – At age 24, Brett Kimberlin hired William Bowman to shoot dead Julia Scyphers. Why? Because Scyphers denied Kimberlin access to Scyphers’ then 14 year old granddaughter.
        – Brett’s relationship with that granddaughter started when the girl was only TEN and Brett was 20! By then, Brett already had his first perjury conviction and was a bigtime drug smuggler in the area. Because the young girl’s single mother was a credulous dupe, Brett was able to take the girl with him on unchaperoned vacations to Hawaii, Cancun, and Disney World without the girl’s relatives present. When Brett’s own AUTHORIZED biographer asked Brett to see pictures of the girl’s family, he was astonished. Brett had only a couple pictures of the other members, but a “trove” of possibly suggestive pictures of this one girl from ages 10-14. In describing the “trove,” the biographer elected to quote the novel Lolita, which happens to be the most famous modern English novel dealing with the subject of pedophilia.

        Since Brett’s biographer’s lawyers probably advised him to not say it outright, I will go ahead and say it myself: Brett is a pedophile and engaged in pedophilic behavior for decades. He also murdered someone over it.

        He also harbors in his mother’s basement with him, a man named Craig Gilette, who was convicted for possession of child pornography.

        I do not blame Brett Kimberlin’s neighbors. I blame Brett. He hasn’t even begun to repent or apologize so it is just and proper for us to always remember these crimes and remind of them.

  6. After a quiet Independnce Day, adjudicated harasser digs back into posts from May and comments several days old to harass and dox people. Once again, he seeks attention, will get attention, and will play the victim for the judge. Once again, violating Twitter TOS.

    • I hope BS watchers will consider giving him the least amount of attention practical. When it becomes almost necessary to do something about him, try to do it only in the minimum way, that would be least satisfying to him.

      • BS sought out a blog post from late May, then proceeded to demand information from someone on Twitter who has all of four tweets (the last one being June 13th), and in an incredibly short timespan referred to him with his full name, and posted a pic of what he assumes is the commenter’s home in an effort to leech information the commenter most likely doesn’t have, and to stalk and intimidate.

        Light serves as disinfectant for Deranged Cyberstalkers and Adjudicated Harassers.

      • I’ve given Cousin Bill tons of clues over the past years, and he wants to know my REAL first name.

        Ok, Bill, my actual first name is Roy. Get it? “Le Roy” == Leroy?

        Now, get to doxxing, Cuz!

        Roy Schmalfeldt – let’s see if you can find me, doofus.

        You might not care for what you find, though… 😉

      • I imagine it’s easy to yawn and ignore him when it’s not one’s own home being splashed about on Twitter. However, it does make me wonder – who’s going to go do something weird to some random soul who has been ‘doxed’ (or faildoxed, more likely) by BS? I mean, you never know how seriously said individual takes his and his family’s personal safety.

        This never ceases to leave me faintly bemused.

  7. “Why, you’ve known me since childhood, Leroy! You know what an ineffectual stumblebum I am. Liar. Coward. Pussy.”

    Yes, Cousin Bill, you are all those things, and worse…

      • Dustyn never tweets him, and comments politely. For a cyberstalker, however, disagreement alone merits veiled threats and doxing.

      • It seems Cousin Bill cannot refrain from asking nosy questions, either:

        “@MonitorAccess And you comment on Hoge as “Monitor2112″ because…?”

        Because he feels like doing so, perhaps?

      • Speaking of #faildoxxing, just when are you going to publish a picture of MY house, Cousin Bill?

        Or do I have to provide the photo?

        C’mon, you have my full and correct name, what’s the holdup?

  8. It sure seems like someone is (1) mischaracterizing comment threads by selective editing of those comment threads, and (2) improperly trying to amend a complaint a second time by including comments that were made AFTER he filed suit.

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