In Re Kimberlin v. Walker, et al.

According to the docket posted on the Maryland Judiciary website, the trial judge for the Kimberlin v. Walker, et al. nuisance lawsuit will be Hon. Eric M. Johnson. The Dread Pro-Se Kimberlin has appeared before Judge Johnson in a case styled Kimberlin v. Walker before, the first peace order case that TDPK brought back in 2012.

THE COURT: I’m not suggesting that they do, but the law cannot prohibit all annoying conduct. We’ve reached a point in this society where people think they have a right not to be offended. Where did that come from? You read about it everyday in the paper. Somebody is offended by something and wants somebody to apologize. Where did that come from? Where is the right not to be offended?

You say that things have been written about you that are not right. It is a dangerous, dangerous argument to make that a sanction should be entered against people when they choose to exercise their First Amendment constitutional rights just because it’s annoying.

Now let me say, parenthetically, there are civil remedies available if someone defames someone, however, truth is a defense.

So if a person says somebody has a record and, in fact, they do have a record, you’ll have a hard time getting a judgment in a libel or slander case.

That’s from the transcript of the de novo appeal trial of first peace order TDPK sought.

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

  1. And which defendant or their lawyer will be reading that back into the court record on Monday?

  2. Excellent Smithers. Proper application of the law. Butthurt in the first degree is not tort!

  3. Brett can’t get past his vindictiveness and that is his weakness.

    In the 1980s, he forced the courts to re-litigate whether or not he was guilty of the Speedway bombings, and the result is that his guilt is exceptionally solidly established.

    In the 1990s, he had 6-figure incomes, multiple late model Mercedes, and a big DC area house, but Brett couldn’t bring himself to even pretend to attempt payment to his surviving bombing victim. In fact he couldn’t even resist the temptation to sue her and also commit fraud in the process of avoiding payments that he could have afforded. He dared the criminal justice system to lock him up again, and they locked him up.

    Once again he’s in a stupid hopeless position. Brett, your love of crime makes you a loser. Brett, before I can get around to finishing my FAQ about your extensively documented “little girl problems,” your incompetence at the law will force the issue to be discussed in court. There is now only one way forward and it is for Brett Kimberlin and his supporters to beg for mercy for all those in the public who can see their actions. And everyone will be able to see them. It is up to each individual to decide how and even whether such transgressions can be forgiven.

  4. I don’t see how, with his history, BK can be defamed. As far as invasion of privacy, his claims are laughable, much less cognizable under the law. By about Wednesday of next week even he’ll be wishing the Defendants had been granted summary judgment.

  5. You folks remember back when Court TV actually covered interesting cases… I wish this one were going to be televised. I almost want to take some vacation and come up to watch the show… I don’t think they allow pop-corn in the courtroom, though, so hmmm….

  6. I predict that just as now we can call Schmalfeldt an “adjudicated harasser” we will be able to call Brett an “adjudicated pedophile.” He won a pyrrhic victory, yesterday.

    And having listened to the recording I am convinced that the judge’s main reasoning was “the trial is four days away, so why don’t we just do that?” (that’s a summary, not a quote) In virginia, many lawyers think that summary judgments don’t exist. Yes, they are on the books, but no one has seen it “in the wild” if you will. And i have run into it myself. the attitude they take in virginia is typically “if the other side’s evidence is so weak, then you should win, so why are you complaining? Let’s have a trial.”

    Maryland is not as bad in this respect. Summary judgements obviously exist in practice, given that we got one on every other issue. They seem to be more sensitive to the idea that “the process is the punishment” in other words that merely going to trial inflicts costs that the courts should not lightly put on a person. But four days away from trial. Yes, we are going to have some prep to do, but obviously the majority of it has already been done and the courts figure that this is the case, so Judge Jordan seemed to believe primarily that we just should have a trial.

    And honestly I was worried that if we got a MSJ that Brett would feel “tricked” and then file a new suit if we dared to repeat the same statements or use the PedoBrett (TM) again. Winning at trial, on the other hand, has the possibility of being decisive enough for Brett to realize this is a losing proposition.

    And don’t blow that off and say “he will just sue and sue you.” You will recall that he only filed 2 peace orders against me. And the first time, he felt “tricked,” too. I would say more but i am hoping he doesn’t remember what happened well enough to remember why he lost, but just suffice to say he felt that he lost by a “lawyer trick” rather than a fair and square hearing. And then with the second peace order hearing he got his fair and square hearing, and he still lost… and he didn’t file any more peace orders against me. He thought he could try it against Jay Elliott but that went up in smoke, too. He does value his time, and he is capable of learning.

    • So by dragging out discovery as best he could Brett Kimberlin effectively “ran the clock out” by stalling until just before the trial? As a matter of law, whether it was four month or four minutes before the scheduled trial oughtn’t have matter.

    • I think I differ.

      Bless your families and your time with them, but I suggest you take pleasure in focusing on this case and every aspect of it very carefully, and enjoy your families next weekend!

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