In Re Kimberlin v. Walker, et al.

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I have been informed that we will be going to trial next Monday.

More later.

UPDATE—Brett Kimberlin’s motion for a preliminary injunction was denied.

UPDATE 2—I did not attend the hearing this morning, but Stacy McCain did. His report is here.

201 thoughts on “In Re Kimberlin v. Walker, et al.”


  3. Hopefully this particular segment of the nightmare is just about over. Monday isn’t so far away, and I’m confident today’s hearing will help Team Free Speech formulate their plans for trial.

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  6. That was quick. Seems like the judge had their mind made up before today’s hearing.

    But in the long run you all will prevail. There is no doubt about that.

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    • My guess is the court was convinced there were facts in controversy. That may not be good news for the tiny terrorist. He may end up with an adjudication of what is now just an allegation. Remember Aaron’s suggestion that this may end up with an adjudication that it’s not defamation to state that Brett Kimberlin is a pedophile.

      God’s will be done.

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  7. This is a nuisance… But When it is over I bet BK will wish the case was rejected instead of going to trial.

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    • That man is an @55. I haven’t seen any “popping corks” over here, except over the denial of the preliminary injunction. Or does Biwwy think that the court denying BK is a win for BK?

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  9. At this point, I’m clamming up about the upcoming trial. We know that Team K members read this blog obsessively, I’ve heard that some even have a jar of mayo on hand, and I don’t want to tip anyone off.

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  10. BK did try to mislead the court about the previous “long hearing” about summary judgment. Wonder if that false dealing had any effect.

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  12. Since Kimberlin’s testimony won’t be allowed because of the whole convicted perjurer thing, how is this whole thing going to work? (Or am I mistaken)

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    • May I suggest not discussing this here? That’s his problem, and we don’t want to help him.

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      • Bill is beyond converting good advice into good judgment – he doesn’t want to – he wants to injure people – that’s his only goal

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      • One prediction… Our guys will say objection a lot and the surge will say sustained a lot.

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      • EPWJ – I was referring to the trial on Monday.
        It’s interesting though to see 5 of 7 of BK’s claims tossed out on summary judgment, plus his being hit with sanctions, and Bill and Wee Willy view this as a “win.” Also, adjudicated serial harasser in two states, high school graduate, is giving legal advice.

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      • While I wholeheartedly agree with you, A Reader, that we should not give any help at all to Team Evil, I’m not sure it’s possible.

        Of course, we shouldn’t give them any ideas that may lead to something they can manipulate to make it appear to be helpful less damaging to Team Evil’s case presentation. However, as we know: 1) the truth is an absolute defense; and 2) the burden of proving the truth isn’t the truth is upon the plaintiff. hahaha

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    • its going to be a HUGE BEATING EMOTIONALLY – think of the LOOOONG LOOOONG LOOONG list of crap that is going to be read in front of the jury – several will become ill. Bombings. bombers are not that popular – neither are people who prey on teenagers.

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    • Auntie fraud – you’re correct that MD doesn’t allow perjurers to testify. Unfortunately, that’s only true for the state case, iirc, not the RICO (federal) case.

      So, Monday, he won’t be able to testify.

      Beyond that, I emphatically agree with A Reader #1 that we shouldn’t discuss specifics of any/all of the pending litigation.

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  13. So if I say I am not surprised, will anyone be surprised?

    I don’t think that BK ever intended to win this. He intended to do exactly what he is doing – cost his targets time and money. There is always a possibility that he wins in a jury trial – it is Montgomery County, assemble facts and background as you would like. But even if he loses, we don’t have a loser pays system so the chances are slim of sanctions or attorney’s fees at the conclusion – that would likely take further court action. But likely he won’t, and if he doesn’t win a verdict, he will still have achieved his goals.

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    • I disagree strongly, Earl. I believe he wants to wipe all negative commentary about his past and present off the internet. He wants to present himself as a political activist and musician; a family man. What he wants to present is belied by the truth and he wants the truth to not be told.

      I believe there is nothing he wouldn’t do to accomplish his goals and I believe his past proves it.

      I continue to worry and pray for the safety of Team Free Speech and their supporters.

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      • Jane wrote: “I believe there is nothing he wouldn’t do to accomplish his goals… ”

        Up to, and including, the sawed-off, domestic terrorist Brett Kimberlin using innocents as human shields in this diabolical circus of his own making.

        There are other individuals in this situation who, too, need numerous prayers.

        Brett Kimberlin is EVIL personified if he pulls what I’m thinking he’ll pull.

        Pure, unadulterated evil. *spit*

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      • Agreeing with Jane, I would note that this case has a much deeper meaning in this case to a very large group of individuals who lust after under-aged children and want the law changed to allow them to act on that lust. They want to achieve through litigation what they can’t possibly achieve at the ballot box or through the legislature. They want a judicial determination that it isn’t pedophilia to have sex with a girl if, say, she has entered puberty, turned 12, or some other very permissive standard. People who molest six year-olds could still be called “pedophiles,” but, not forty year-old men who have sex with fifteen year-old girls. Since such acts would still be illegal, I suppose you could still call them “statutory rapists,” but, not “pedophiles.”

        While most decent people would think that “Teen Dream,” and the follow up interview, and, [at age forty-two] marrying a sixteen year-old would constitute conclusive evidence that Brett Kimberlin is a pedophile in both orientation, and, action, there are people who do argue that fantasizing and living the “Team Dream” is not “pedophilia,” and are indignant about being labeled “pedophiles.” Brett Kimberlin seems to be one of those people.

        At trial, the judge adjudicates what is law. The first time Brett Kimberlin mentions the word “pedophile” I would demand that the judge clarify the legal meaning of the word. And, if that definition includes being sexually attracted to under-aged girls, ask the judge to give judicial notice that Brett Kimberlin is a “pedophile” based on his on-the-record public statements including the lyrics of “Teen Dream.”

        At worse, if the judge gives a highly restrictive definition you have a reversible error.

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      • They want a judicial determination that it isn’t pedophilia to have sex with a girl if, say, she has entered puberty, turned 12, or some other very permissive standard. People who molest six year-olds could still be called “pedophiles,” but, not forty year-old men who have sex with fifteen year-old girls.

        That’s already technically accurate, Bob. Pedophilia is a psychiatric term, not a legal one, and it does refer to attraction to the pre-pubescent. The technical term is epebophile, though anyone who diddles children is commonly understood to be a pedophile. One would be highly unlikely to get a jury to buy that pedophile is defamation because they’re really an epebophile. It’s a slight distinction that is not commonly known. Or, as the Urban Dictionary defines it an epebophile is “A pedophile with a thesaurus”

        Either way, it’s a child molester.

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    • going to court gives the winning defendants stronger grounds to sue brett, but Acme Legal and the Wed school of Journalism knew that…

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    • It’s OK, Earl! We knew you wouldn’t be surprised, and you may even be perfectly right.

      We like you, anyway!

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    • Jane, I do not disagree that BK wants some real shutuppery. Of course he wants people not to talk about him. But I don’t think that he expects that the courts will do that for him. I do not think that he is stupid nor delusional. He knows what his reputation is, he knows what he did.

      What he wants to do is to make it painful enough so that people will shut up about him if they know what’s good for them. Just like BS, his mouthpiece, said.

      Not everyone has the wherewithal to do what the defendants here have done. They have undertaken significant costs that cannot be put into a spreadsheet.

      He knows that he can lie about other people, people who have real lives and reputations, lives and reputations that have value, and can’t really spend the time in a court battle over an internet flame war. He knows that he will pay no price for those lies. The defendants have taken their real lives and reputations and put them on the line here. Again, the BS way is to smear so that a cursory glance at the situation makes it appear that everyone is equally bad. OMG, what kind of person would get tangled up with this guy? That is how he is a virtual suicide bomber.

      Innocence is not as strong a defense in court as it might seem. We have seen recently a number of persons freed from sentences for rape and murder – people who were innocent, yet they went to jail. Because someone lied about them.

      Montgomery County District Court has made it clear that it accepts lying as part of the judicial process. Go ahead, forge whatever you want in your case – they cannot punish you for it. (I bet that at some point they are going to regret the repercussions of that decision. What a precedent!) You want to make up a tort that doesn’t even exist? Sure, we will let that stay on the docket for most of a year.

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      • This, I’ve always had more of the ‘Earl’ view than the sunnier views. The lack of actual justice displayed throughout all of this has been very disappointing.

        Earl’s point is very much on target. Win or Lose, this entire saga is now public material and is a warning of the potential lawfare that will be imposed upon people speaking out. Even if the Lickspittles win everything on Monday, freespeech has taken an incremental loss as the chilling effect is in place just because of the process.

        It will take a vexatious ruling to remove the chilling effect for this particular situation, but others look and learn.

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      • RSM’s report is essentially what I said above. BK lies in court about RSM to advance his case. It worked. BK will pay no price for those lies. RSM does in that he now has to go to trial, where I imagine somehow BK has figured out an angle to get some lies told before a jury about the defendants. Like I said, innocence is not as strong a defense as it might seem.

        As to actual chilling, and achieving his ends through this lawfare, note that BK has already achieved some measure of success. Go over to Ace of Spades and post about this story. Your post will get deleted, and you will get BANNED. No judge in this country could order that happening. But, merely because a lawsuit has been brought, you may not speak of BK there. Bingo. Terrorists use terrorism because it works. Has O’Keefe done an expose? Has Glenn Beck been on the story lately? How about Patterico? Even RSM has gotten more circumspect in his writings about the case – no more F*** You, Brett Kimberlin in closing. How many of us are wearing socks right now (hint, my real name is not Earl Scruggs), It is not because we are cowards. It is because the shitstorm from these people is Crap. We. Do. Not. Need.

        Remember, in all things with TK, purposeful lying is purposeful. Forget trying to get the truth from them. They are not interested in truth, they are interested in harm. Harm to the defendants, harm to conservatives, harm to you and to me.

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      • I would note that what is happening at Ace of Spades may have to do more with false flags operations than Brett Kimberlin’s lawsuit. It isn’t merely the lawfare that is having a chilling effect, but, rather, the willingness to fabricate evidence for the purpose of perpetrating frauds on the court.

        Just as Brett Kimberlin is demanding prior restraint, death threats conveniently materialize at #brettkimberlin and a video by a poster named “areader” appears on youtube. The timing, and the fact that a prominent poster here used that handle at Hogewash at that time, probably aren’t a coincidence. Maybe, Ace doesn’t want to deal with sorting the false flag operations, and concern trolling from legitimate commentary and so has silenced that conversation.

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  14. Hey, can a guy on parole hang out with other felons, like Craig Gillette? You know, the guy convicted of possession of child porn?

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    • Not so much stupid as a fat, useless, punk.

      A virtual suicide bomber. A muddier of the water. Someone sent out to debase everything he touches so that anyone who is mentioned in the same breath seems just as bad

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      • This is pretty close to my own thinking.

        I can’t claim I have all the answers, and don’t mean to imply his worst harassment should go with no sanction. But an overwhelming majority of what he says is puerile garbage needing no response. And let’s not forget a key goal of his is to run interference for Brett Kimberlin.

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    • Given very credible allegations that Brett Kimberlin has called two Black men “niggers,” I don’t think it behooves Team Kimberlin to play the race card.

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      • Not in MD. This is one of the more racially and ethnically diverse parts of the country. Doubly so in the jurisdictions where these cases are being brought.

        A racist bomber could have an uphill battle in an area that witnessed the 9/11 attacks and the Beltway snipers.

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    • I can entirely visualize the Deranged Cyberstalker and Adjudicated Harasser Bill Schmalfeldt crying on the stand once all of his lies, bravado, and snarky, “clever” commentary are thoroughly rejected and trashed.

      Once it’s made very clear to the Blob that HE is not the smartest guy in the room, and he has made too many stupid mistakes to count — the tears will fall upon his mayo-stained pajamas as he snivels and drools the words, “Parkinson’s” “Disease” and “HOOOOOGE” on a demented loop.

      Big, dumb dope.

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  20. Here’s an off-topic comment: Doesn’t BK have to pay up today? Has he already? Did the court dispose of his motion?

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    • I’m sure he’ll consider his filing of a motion to reconsider an automatic stay on the necessity of paying in the timeframe specified. I wonder if the judge will have the same opinion?

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  21. Has anyone noticed that when BK has a setback, BS doesn’t discuss it, and says that he and BK have severed ties and are dealing with their own stuff, but when BK has a win, BS is suddenly back in the game? Yeah, I thought y’all did.

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    • BS is self-discrediting. It will always be so. If anyone forgets, the only responses needed are some links to a few choice selections from his greatest hits.

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  28. On his Twitter feed now, Schmalfeldt is offering a “biased eyewitness’s” (read: Kimberlin’s) account of the hearing.

    So we can infer that it’s at best a selective retelling, if not outright fabrication. We’re all aware of the liberties he takes: with the truth (viz. conviction for perjury), with official documents (viz. conviction for forgery, admitted fabrication of summons, admitted alteration of postal “green cards”), with preteen girls (viz. Citizen K et al.)…

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    • Like how when he turned the judge in the first PO case sternly warning him to leave Hoge alone into the judge “laughing Hoge out of court”…
      that kind of selective retelling??

      pffft, it may take a few days longer but the sawed-off diddler terrorist is going to get what he has coming, count on it.

      O.o

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      • You know what’s funny? BS is an adjudicated harasser in two states, BK is a felon with multiple convictions, Neal lives like a hobo on the run with several arrest warrants dogging him, and Osborne lives with his mom, yet Hoge, McCain and Walker are “losers.”

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    • Oh, I suspect Schmalfeldt is accurately reporting what he heard from BK. My point is, if BK told me the sky was blue I’d go outside to check.

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    • Don’t fall into the trap of allowing Bill Schmalfeldt to define “pedophile” as “a person who has been convicted of raping/molesting children.” [No one here has ever stated Brett Kimberlin has been convicted of child rape or child molestation. He was merely formally charged of repeatedly raping a fifteen year-old girl when he was forty-two.] A “pedophile” is a person who is sexually attracted to underage children. In an interview about the lyrics to his song “Teen Dream” Brett Kimberlin stated that he is sexually attracted to under-aged children. So, yes, we are perfectly entitled to quote Brett Kimberlin’s own words.

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  31. https://twitter.com/RadioNixonUSA/status/497452900906729472

    Help me out here, folks. I’m sure there’s some screencaps lying around of a certain someone stating that our Gentle Host is guilty of perjury, guilty of lying to a judge to secure a peace order, guilty of copyright fraud, guilty of copyright misuse… despite our Gentle Host never having been charged with any of those crimes.

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      • Yes, there have been “consequences” about the things posted in this forum. For instance, John Hoge’s traffic has increased markedly. Another “consequence” is that the various people Bill Schmalfeldt has stalked, harassed, extorted, defamed, and otherwise fail-doxed have had the opportunity to share their stories with each other and the public. Increasingly, those same stories are being shared with law enforcement, and the courts. Several have or have had restraining orders enforced against Bill Schmalfeldt.

        Bill Schmalfeldt ought to carefully read what he just posted concerning his own rantings. The point is that he won’t. Ignorance will continue to be his strength right up to the moment it is his downfall.

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      • Pedo- or Paedo-[1] is a prefix with these meanings:

        Primarily, “relating to children”, from the Greek word pais (παῖς), meaning “child”,[2] which derived from the Proto-Indo European base word *peu-, meaning “small,” “young” or “few,”.[1] It is spelled “pedo-” in USA spelling and “paedo-” in British spelling.
        “Relating to foot”, in words (e.g. pedometer) derived from Latin pes (pedis) from Proto-Indo European word *ped-, meaning “foot,”[3][4]
        “Relating to soil”, from the Greek word for soil pedon (πέδον)[5][6]
        “Relating to flatulence”, from Latin pēdō (infinitive pēdere) [Latin: to fart], the root word for flatulation in several Indo-European languages;[7] see Fart

        I am curious about that last one. I could have a lot of fun with that.
        Did you know that WJJH is well versed in Latin?

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      • So you’re saying he’s not just attracted (allegedly) to underage children, but that he is a small flatulent man who smells like feet and is attracted (allegedly) to underage children?

        Does that cover all the ground?

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      • You know what is funny? Even if it was explained to him in full, he would still sit around scratching his head “uh what” “I don’t get it”. Oh and its been pointed out to him quite a few times, but hell lets not ruin that surprise 😉

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      • of course someone who claims Stranahan and Strammyhan are NOT THE SAME THING/PERSON!1!!11! would turn around and claim pedophile and pedo are the exactly same word!!!11!!

        RME and SMH

        O.o

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      • What are you two still doing on Twitter, even though someone thinks you’re the same person? You were WARNED OFF!

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      • Heh. Like anything Bill says is enforceable except in his demented mind. I don’t have to say “alleged” because I am not a journalist, I am posting what is called an opinion (something Bill does constantly without recognizing it as an opinion, it is blackletter law to him because … SCHMALFELDT SAYS SO!!!11!!) and Bill has admitted on his blog (several of them in fact) and on Twitter that he is a sufferer of Parkinson’s induced dementia.
        Demented Bill is demented by his own admission-against-interest on multiple occasions. Too bad, so sad.

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      • Wait……….STOP THE PRESSES NOW! Now how did you figure that out A Reader? I mean that was suppose to be top secret and all. I mean it’s not that we heard ” I can tell you with 100% certainty I can tell you Howard Earl and Jerry Fletcher ” are the same person. I mean who would be dumb enough to even think that one up? /end dripping sarcasm

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    • I do remember BS screwing up with attribution of twitter posts before, bc he is a liar or was too stupid to understand how the search service worked.

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  35. Some complaints about Kimberlin are evergreen. 1999, A.O. Scott, at Slate: “Kimberlin, you may recall, was the convicted bomber, habitual liar, and all-around sociopath who claimed to have sold drugs to Dan Quayle.”

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  36. Could this case really boil down to how the court decides to define the word “pedophile”? But then there’s this
    theothermccain.com/2012/07/05/when-jessica-was-10-11-12/

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    • See above for “pedo.” Also, there is no such thing as a crime of “pedophilia.” The word refers to an attraction. I am a Frenchfryophile, but rarely indulge. The attraction, however, remains present, especially at Five Guys.

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      • But let’s get back to that additional definition, supra, of “farts.” That’s a new one. Is it fair to call my dog a pedo if he, ahem, farts a lot?

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      • I like the wording Ken cited. “As a matter of law it has been adjudicated that a person considering what is publicly known about Brett Kimberlin is being reasonable in opining that Brett Kimberlin is a ‘pedophile,’ is more biting than, “It has been adjudicated that it is not defamation to call Brett Kimberlin a ‘pedophile.” This is assuming Brett Kimberlin loses his case next week, of course.

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    • Hoge says he has never called BK a “pedophile”
      Bwilly blogs claiming “he has done so in 13 instances”
      then Bwilly again uses Hoge’s copyrighted material to “prove” his claim of “13 instances”
      In each instance that Bwilly points out, the word pedophile is NOT used.
      The words used are The Dread Pedo.
      (and THAT is investigative journomolism!!1!!11 for you…/sarc”

      O.o
      stupid is as stupid does isn’t a challenge to be a stupid as you can Bwilly, one would hope you’d aspire to a higher level of stupidity…

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  39. Auntie – was tempted to jump in on Big Sky Bob’s post. But as they say, don’t educate the midget. Radio silence on what’s up for him on that point.

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  41. so, Team Kimberlin thinks going to trial is a win for them..

    considering that up till now the assumption on the pre-trail motions were that the accusations made by the plaintiff were true BUT once they are in the court room before the judge/jury, the plaintiff will have to PROVE they are true..
    considering BK has only made allegations upon allegations, and offered no real evidence to back them up, how is he going to suddenly produce evidence that his allegations are in fact true to a full court?
    Especially considering he can’t introduce anything that wasn’t provided in discovery…

    next week is going to be a bad one for Team Kimberlin…no doubt about it.

    O.o

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    • It’s nice when Willy’s stupid enough to make a statement as to what he views the law to be and then admits he did the same thing within a few tweets and you can get them in one, easily viewed post. Very convenient.

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    • Actually, Biwwy’s statement that Mr. Hoge simply hasn’t been yet convicred would seem to imply that Mr Hoge has been charged.

      I’m sure that Biwwy can show us where Mr. Hoge has been charged with these crimes.

      Unless he can show us those charges, he himself is guilty of libel per se.

      When party A is screaming about how party B is libeling him, A really, really needs to avoid libelling B in the process.

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      • Oh, Sweet Dim Girl. I can prove that your nice daddy lied under oath. I haven't been asked to, yet. But when I am, I will. Be patient, dear.— RADIO NIXON (@RadioNixonUSA) August 7, 2014

        bullshit twinkie, you’ve been asked to back up your claims many many times… and have yet to do so…

        lying liars LIKE YOU gotta lie don’tcha?

        O.o

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      • Why does Biwwy assume that we all think of Mr. Hoge as our “daddy”. I have a biological father, still alive, and a heavenly father. I have no need of a third.

        Once again Biwwy proves that he himself has some serious psych issues which he tries, unsuccessfully, to deal with through projection.

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      • Oh, and Bill might want to be careful about the “lying under oath” bit. Since it is my understanding that he has made several knowingly false DMCA take down claims and/or responses, he is quite guilty of perjury himself.

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      • “Why does Biwwy assume that we all think of Mr. Hoge as our “daddy”.”

        Start from the understanding that he’s projecting. Then realize he’s probably thinking about Kimberlin…

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      • Indeed. I think the dictionary should have a picture of Biwwy to illustrate the word “projection”.

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  46. Bill just doesn’t get it.

    It is not that Brett is “innocent” of being the things we called him until proven “guilty.”

    It is that we are “innocent” of actionable defamation until proven “guilty.” That is because often we know things are true, but proof is uncertain and the Maryland Court of Appeals, in its wisdom, has decided that people shouldn’t be afraid to speak the truth for fear that they cannot positively prove it is true at trial.

    And certainly we do not need to wait for criminal conviction until we can say he did something wrong, even if it is criminal. Given the differences in burdens of proof and the amount of proof required between a civil defamation case and a criminal case, it is very possible that there is enough proof to for a civil jury to say that it is not actionable defamation to call him a pedophile, but not enough proof for a criminal jury to say that Brett is guilty beyond a reasonable doubt.

    Indeed, that is pretty similar to what happened to OJ Simpson. He was found not guilty of murder in the criminal context, but then found liable for the wrongful deaths of his wife and that tennis player. While he did not get convicted of the crime of murder, and indeed can never be tried for it again even if he confessed tomorrow, as a matter of law you can write “OJ Simpson killed his wife and that tennis player” and know that if OJ sues you, the case will go away on collateral estoppel.

    Anyway, as for the outcome today, one unvoiced concern I had was that the judge would say, “the trial is 4 days away, let’s just have the trial.” I suspect that this is what is actually driving the decision. In any case, i am actually glad to have the trial. Brett sometimes needs to have a definitive beat down in the courts to get the message that his cases are a loser. We will get that, Monday.

    They will crow today. They will not be crowing Tuesday, or whenever jury gets back. Assuming the judge doesn’t issue a directed verdict.

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    • I’m glad to see you have that much faith in a Maryland jury. I, on the other hand, will hold my breath until the trial is over.

      And yes, I am aware of the law as far as libel goes, and the fact that Willy’s isn’t even in the same time zone with his definition. I just wanted to get him to state his definition and then admit guilt under that standard at pretty much the same time.

      What a klutz. (Oooops, has Willy ever been convicted of being a klutz?)

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    • Who do you think you are, a Yale-educated lawyer, as opposed to a high school graduate with restraining orders on his record? :p

      I have to say that at times I wonder why I bother pointing out BS’s constant stream of logical fallacies and prevarications. He has 33 twitter followers, many of which are socks, and nobody reads his blog. Who cares what he says?

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  47. So,what- are we going to get two days of constant sustained objections to the Plaintiff’s case-in-chief and then a successful motion for directed verdict due to NO evidence? I pity the poor jurors . . .

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    • yeah, come to think of it, this will suck for the jurors. I mean I can’t even disclose yet just how thin Brett’s case is going to be. You will have to wait for my reportage on the day of. I will try to get out dispatches when I can, but… it won’t be easy.

      I am hoping that we can actually wrap up the case in one day.

      But if you knew what I knew… yes, some reasonable compassion for the jurors is very much in order. These are good people taking off time from work, I believe for a little pay but not enough to make up for what they lost. And they do it because it is their civic duty. I suspect that this will be tedious to a point that genuinely inspires sympathy for them. And Brett’s case is weak enough that it might result in a directed verdict. So it all might be for naught (which is why judges are generally reluctant to issue directed verdicts).

      Look its like a simple math problem. Zero evidence of falsity plus zero evidence of damage = zero case. And i do not believe he will convince 12, or however many, ordinary Marylanders that we horribly defamed him.

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