Kimberlin v. Walker, et al. in Review, Part 1

Brett Kimberlin sued Aaron Walker, Stacy McCain, Ali Akbar, Kimberlin Unmasked, and me in the Circuit Court for Montgomery County. His initial complaint was a laundry list of torts and several other bizarre claims that sought $1,000,000 in damages. Yesterday, he lost his case with respect to Aaron, Stacy, Ali, and me. Technically, the suit still survives against the two individuals that Kimberlin is currently accusing of being Kimberlin Unmasked, but based on what developed at this week’s trial, their defense would appear to be pretty solid and straightforward. Brett Kimberlin would be wise to drop his case against them.

Now that we’ve won, I’m going to tell you my side of the case. It’s a long and complicated story, requiring many posts.

During the first weekend of July, 2013, I got an email from a reader who had seen in the Maryland Judiciary Case Search database that Brett Kimberlin had filed for a protective order against his wife and had filed criminal charges against another individual. Maryland has two types of what are called “restraining orders” in other states. Peace orders are issued between unrelated persons. Protective orders are issued among family members, roommates, or other persons with close relationships. Given The Dread Pro-Se Kimberlin’s history of seeking peace orders against the likes of Aaron Walker and John Norton, I wondered why he was seeking an order against his wife. So the following Monday, Aaron Walker and I went to one of District Courthouses in Montgomery County and witnessed the hearing.

I won’t rehearse all the details, but over the next few days, Mrs. Kimberlin approached me, and Aaron and I wound up helping her with her legal problems related to her husband. Shortly afterwards, TDPK sued us. One of the claims for defamation that he made was based on the fact that I suggested that Brett Kimberlin might be a pedophile. That suggestion was made after he had been charged with sexual offense in the third degree. While the State didn’t take the charges to trial, I believe Mrs. Kimberlin’s story.

In order to prove a defamation case in Maryland, the plaintiff must prove that what the defendant said or wrote was false. Brett Kimberlin could not do that. After putting his older daughter, Aaron, Ali, Stacy, and me on the stand, he had produced no evidence of falsity. He had no case. With the jury sent out of the courtroom, Judge Johnson incredulously asked him, “Is it your theory that you can come into court and say, “I was defamed,” and rest your case?” Because TDPK had offered no evidence for the jury to consider in its deliberation, the judge ruled that there was no case, and gave a verdict in favor of the Aaron, Stacy, Ali, and me as a matter of law.

The Dread Pro-Se Kimberlin filed his suit on 30 August, 2013. He lost on 12 August, 2014. That makes 347 days that we defendants were subject to his vexatious nonsense. All that has cost TDPK is a sanction award of $600 to our lawyer—which he now late in paying. Or so he may think.

Stay tuned.

UPDATE—During her testimony, Miss Kimberlin was very supportive of her father. However, as the judge noted, being a good father would not disprove what we wrote about him.

71 thoughts on “Kimberlin v. Walker, et al. in Review, Part 1

  1. One detail reported by Dave Weigel, was that his mother and younger child were seated in the courtroom. The selfishness of permitting that, perhaps demanding it, the cruelty of it, is unforgivable.

  2. What can we all say, a man helps a woman in distress, a stranger, endures 347 days of Kimberlin risks everthing he has all for someone he never met
    There is a goodness in the world – people look for solid proof God exists – he exists and manifests himself in people like John and his co-defendants who prevailed in the Nebucanarian ovens of Maryland State court system a lawfare friendly state…

  3. The fact that he was allowed to continue this crap, for almost a year, is both infuriating and proof (IMO) of his mid to high level political connections that aid in his harassment of people on the right.

  4. Cousin Bill strawmans:

    “If you think by insulting BK you are insulting me? Rubbish. If you think by insulting me you are insulting BK? Double plus rubbish.”

    You are a real expert in what we think, eh? Events have certainly proven that!

    /darkest sarcasm

    We think by insulting you, Cousin Bill, that we are insulting you.

    You humongous inflamed suppurating hemorrhoid.

  5. Miss Kimberlin is young, and should be forgiven due to her lack of experience.

    Her father is who he is, and, someday, she may figure that out. It will be tough for her, and I hope she has empathetic support close at hand, for dealing with the many betrayals of a child’s ready trust.

    My heart breaks, thinking of this…

    • Tony Soprano cared for his daughter too. Doesn’t change the facts.
      one day she will be mature enough to realize what a creep he is.

  6. Pingback: Free Speech and Truth Prevails: Brett Kimberlin is a big fat LOSER! | Batshit Crazy News

    • Heh. Due to Collateral Estoppel I would liken this more of a nuclear strike than a napalm attack … This seriously affects the federal RICO case for these specific defendants. Also remember that the case still exists against Kimbelin Unmasked and there are the post-decision motions yet to be filed and considered by Judge Johnson.

  7. As Ken white has advised: Just because Brett Kimberlin has lost a case whose central focus was the question “Is Brett Kimberlin a pedophile?’ there is no reason to run around saying things like:” Brett Kimberlin is a pedophile.” Please don’t. The court has NOT determined that Brett Kimberlin is a pedophile, just that Kimberlin did not mount a significant case for the idea that Hoge et al defamed him by expressing the opinion that they think Brett Kimberlin is a pedophile.
    Let’s hope Kimberlin does not continue to vex the universe with the other case, which comes down to the question: “Did the universe conspire to defame Brett Kimberline by saying that Brett…….” Oh hell you know the rest.

      • For any onlookers who are thinking about how to talk about Brett Kimberlin’s pedophilia, it’s important to not take a flippant stance. Merely saying “I only repeat what I heard someone else say” may or may not hold up in court, I don’t know. But if you don’t believe it, don’t say it. I hope everyone will carefully examine the record, and if you feel (as I do) that it is valuable to offer warnings about Brett Kimberlin’s dangerous predilections for little girls, then do so. If you, for some reason, are not so convinced, don’t say so. But don’t reach for technicalities. Every time I call Brett a pedo, or a scammer, or a bomber, or a forger, it is out of concern for the harm done by those misdeeds. For each of those accusations, I spent hours checking the background information. I strongly encourage anyone who hasn’t, to do so, because I think it will convince you to lend even more support to Brett Kimberlin’s victims than you already do.

    • A court ruled that Kimberlin couldn’t produce ANY evidence that he is not a pedophile. 😉

      (And yes, I understand Ken’s advice)

      • It is excellent advice. One of the important things a lawyer can do is to keep you out of unnecessary litigation.

        Furthermore, no court has ruled that Kimberlin couldn’t possibly produce any evidence that he was not a pedophile. One court ruled that he did not produce any such evidence in a case involving four specific sets of statements by four specific people.

  8. Will there be a transcript? Please tell me there will be a transcript. Heck, I’d probably even pay for access to a transcript.

  9. Someone complained at Patterico’s blog that Kimberlin’s promise of “lawsuits for the rest of their lives” could be or perhaps should be because it was “in the heat of the moment” after an emotional loss. His track record would tend to support another interpretation, of course. I observe there are people from his past who still keep a low profile and wide berth from him, and I suspect his perpetual grudgematches are the reason why.

  10. On Twitter today Ali mentioned that his changing to pro se actually served to prevent TDPK from testifying?

    Can anyone explain how this particular piece of strategy worked? I don’t understand the cause and effect .

    • IANAL, just a rubber-necker at this trainwreck. It seems to me that since Ali went Pro Se he would be able to cross examine Brett in addition to the cross examination by the capable and worthy Mr. Patric Ostronic.

      • I wondered if it was a question of the lawyer refusing to “go there” when the client wanted to. Lawyers are useful, but it’s rare you find one who is there for the same reason you are, even if you’re paying them.

      • I tend to agree the decision was self-indulgent and fraught with risk to more than himself. But then, there is anther possibility. He might know something the others don’t, and Brett knows he knows. But I am guessing it was more a desire to go off the reservation, and he didn’t realize that this could actually harm his co-defendants, instead of protect them. He might think this “wild card” factor kept Brett off the stand. I’m not convinced Brett ever meant to get on the stand

      • I was also followed by @NiocleMix. I don’t know how you other people know that user, but out of an abundance of caution, I blocked without knowing why.

        I was also just recently followed by @lilsliceofcraze. I don’t know whether I might have said something specific recently that got her attention, but be warned that she has a history of participating on the wrong side of Neal Rauhauser’s harassment campaigns.

      • A little more detail to my remarks on @lilsliceofcraze. I believe her main interest on twitter was to lower online debates about TV reality show stars to a much worse and nastier level. But, perhaps via interaction with Rauhauser meatpuppet MAN/OR, she developed an interest in reading Rauhauser/Kimberlin associated sites and read and discussed some of the articles attacking Kimberlin’s victims. If this all sounds like a stupid waste of time, that’s because it is. If you want to wade through this garbage, feel free to google, just be warned that you might feel like you’re wasting your time… I sure did.

  11. I would HIGHLY recommend no one for the next few weeks pickup any random gymbags left in their driveways..

  12. Pingback: Admitting in court you are a peodophile | Something should go here, maybe later.

  13. Pingback: It’s Not Just About the Bombs | Dave Alexander & Company — Ukuleledave and David Edgren

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