13 thoughts on “Another Motion to Dismiss

    • I am really curious as to why you did something the way you did – can’t really discuss it without risking giving away what was either intentional strategy or oversight. As you have legal training I should give you the benefit of assuming it was strategy, but everybody is also capable of oversight too. Can’t and won’t comment further on that.

      On the whole good motion. I liked how you noted and explained variations from the norm when presenting things that might otherwise not seem normal in this type of pleading. Again, don’t want to be too specific there, but I think you can figure that out, too.

      I really do believe the Judge, after reading the many motions to dismiss, will dismiss with prejudice as to each defendant requesting said relief.

  1. Looks good, Aaron. I have to say, interesting how differently each MTD attacks the complaint.

    OT and just an observation, as someone who grew up in Indianapolis and is old enough to remember the Speedway bombings, how on God’s green earth is this SOB out of prison considering the sentences he received? I know, I know, dumb question, but dammit, TDPK should still be in the big house.

    • yeah, i think it is good for us to be saying slightly different things. its a fat target with a great deal wrong with it, so there is a lot of room for different takes.

      As for why he was out, part of the problem is he was sentenced before “truth in sentencing” where after that, you were sentenced for less time, *but you really served the time.* wholly apart from any theory of criminal law, the way parole commissions would take a massive sentence and cut it down to nothing did have a cynicising effect that is not good.

      that combined with the fact while he was sentenced to 250 years total, according to 1 newspaper account, the judge let him serve it concurrently, so in effect it was 50 years. even then 17 years out of 50 seems inexcusably low, especially given that they had to know by then that he was not even close to reformation. Yeah, he learned not to bomb anymore (cross fingers), but he didn’t learn to be an honest citizen.

  2. I am quite satisfied with the idea that the judge is reading about Brett Kimberlin’s awful misdeeds, including Scyphers, his “little girl problem,” attempts to hire a hitman, and his treatment of DeLong. I doubt the judge will be too impressed with Brett’s history of lawfare starting right after being sentenced for the Speedway bombings.

    All of Kimberlin’s defenders and supporters must be taken to account for their reaction to all of the above crimes, and additionally they must account for any help they may have provided to Brett Kimberlin’s more recent acts, ranging from what’s going on with his “charities” to his campaign of lawfare and harassment against critics.

    • And nothing I mentioned in the first paragraph should impact whether the judge continues dismissing claims. I guess it WILL figure into whether he accepts Brett’s “I’m just a poor pro se” act.

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