It was pretty obvious from the load of … ah … junk he gave us in discovery for the Kimberlin v. Walker, et al. nuisance lawsuit that The Dread Pro-Se Kimberlin didn’t understand the rules of evidence or how to properly structure his case. He proved both during the trial. For example, consider this question he was never able to ask of Stacy McCain because it dealt with hearsay.
MR. KIMBERLIN: So do you know what the Southern Poverty Law Center is?
MR. OSTRONIC: Objection Your Honor.
THE COURT: What does the Southern Poverty Law Center have to do with this case?
MR. KIMBERLIN: Well Mr. McCain has —
THE COURT: The Southern Poverty Law Center, what does that have to do with this case?
MR. KIMBERLIN: Mr. McCain is considered a neo-confederate — is one —
MR. OSTRONIC: Objection, Your Honor.
THE COURT: Well —
MR. KIMBERLIN: And the Southern Poverty Law Center
MR. OSTRONIC: Objection, Your Honor.
THE COURT: Hold on a second. Counsel I appreciate you objecting to my question but I’m not going to overrule myself. That’s not something I do. So what does the Southern Poverty Law Center have to do with this case? I’m not asking you about Mr. McCain, I’m asking you about why are you asking him about the Southern Poverty Law Center?
MR. KIMBERLIN: I’m asking him the Southern Poverty Law Center is the leading, one of the leading civil rights organizations in the —
THE COURT: I understand all of that but what does it have to do with this case?
MR. KIMBERLIN: Because —
THE COURT: And the claim that you are making against these gentlemen?
MR. KIMBERLIN: Because Southern Poverty Law Center regularly outs racists —
MR. OSTRONIC: Objection.
THE COURT: So what if they do. What does that have to do with this case? This case isn’t about racists or racism.
MR. KIMBERLIN: It’s about hate. It’s about hate. These people hate me and they do anything to destroy me.
THE COURT: Well but why are you asking this witness about the Southern Poverty Law Center? First of all he couldn’t testify as to anything they said or did because it wouldn’t be an exception to any hearsay rule. So you would never be able to get that in evidence anyway.
MR. KIMBERLIN: All right.
MR. KIMBERLIN: Mr.—
THE COURT: Your objection’s sustained.
Of course, TDPK was trying to paint Stacy McCain as a racist, and that’s nonsense. Furthermore, given some of the racial epithets that TDPK is on record as have said and written, it was particularly unseemly for him to be trying to tar anyone else with that brush.
Even if Stacy or I or any of our codefendants were racist, that had no bearing on whether or not what we said and wrote was true, and TDPK had to prove that our words were false. Stupid is as stupid does, and TDPK tried to bring up racism a second time.
MR. KIMBERLIN: Have you ever been identified as a member of the hate group League of the South?
THE COURT: I’m sorry, what was that, what group?
MR. OSTRONIC: Objection.
MR. KIMBERLIN: League of the South.
THE COURT: League of the South?
MR. KIMBERLIN: It’s like an offshoot of the KKK.
MR. OSTRONIC: Objection, Your Honor.
MR. KIMBERLIN: It believes in —
THE COURT: What’s that relevant to, sir?
MR. KIMBERLIN: Well he brought it up.
THE COURT: He didn’t bring up the League of the South.
MR. KIMBERLIN: Huh?
THE COURT: He didn’t bring up the League of the South.
MR. KIMBERLIN: He talked about he’s not a racist.
THE COURT: Well the fact that he brought it up without objection doesn’t make it relevant. I mean what is the jury going to do with this? We’re not here about whether anybody is a racist or not, are we?
MR. KIMBERLIN: Well no, but he’s tried —
MR. MCCAIN: You’re white by the way.
Never try to outcrazy Stacy McCain.
Thi was one of my favorite exchanges in the transcript. That and the one about going 85 miles per hour (Vague so that those who have yet to read the transcript can do so without being spoiled)
Mr. Hoge
I truly do sympathize with what you have had to put up with, and I agree with Mr. Scruggs that it is a travesty that the U.S. legal system permits such farces to be prolonged. Nevertheless, it is unbelievably amusing to watch what an ass BK made of himself in public and in front of his little circle of sycophants and of his own family. I hope that your amusement at his blatant and consistent ineptitude is a material, though doubtless insufficient, compensation for your troubles.
THIS^^^
Kimberlin comes off as paranoid, Like an internet troll who is convinced the powers are against him. I know everybody gives him credit for being more savvy, but he really sounds nutty from the transcript.
“THE COURT: He didn’t bring up the League of the South.”
Kimberlin is a top shelf dumb ass. He fits in well with the rest if his associates.
Didn’t understand the rules of evidence or doesn’t care about the rules of evidence? My money’s on the latter.
Mr. Hoge, thank you for this wonderful yarn. These updates on the abject stupidity of Team Kimberlin are one of the three reasons I always stop by twice a day.
(Star Porn & Are You Pondering)
What?! I thought none of us read his blog anymore. Well, that is the rumor from Acme Law.
You’ll notice that the focus is on the creepy dude who has a declared fondness for young girls and a history of placing bombs more than anyone else.
Peter Malone and Lynn Thomas filed a motion for dismissal [“(partial-case not closed)”] in Maryland.
“Neal”? How very interesting.
https://twitter.com/brianglicklich/status/515211075340345344
Yep. Lots of cats chasin’ that tail.
Seriously, WHAT IS WITH THE CATS? That, and so many of them live with mom. Or lived with the in-laws, as in the case of a certain cyberstalker.
Shaky is all excited that Levy is terminating his representation of AoS. Doesn’t realize that TDPK can now no longer serve Ace through Levy. Dummy.
Levy has stated repeatedly the limited scope of representation. And, no, BS does not realize that Levy can’t be used to serve Ace.
Like I said, Hazel is going to be making new law here.
BK was trying to get ace’s secret identity through service. The judge has granted service without identifying ace. So now how does this case against an anonymous person progress? Especially if Levy is no longer representing ace?
I think that, unfortunately, the Judge is going to force ace to either go pro se, which he will not be able to do anonymously, be represented (which will maintain anonymity for a period of time), or allow a default judgment.
For example, the very first discovery question that will be delivered to ace by email will be “what is your name?” How will ace respond?
The judge has already made the case that if you know about it you have been served, so he has set the precedent that you can be served by email. And what will follow is that all legal notification is considered complete if the plaintiff sends you an email. Mr. Hoge has noted multiple times that he has never been served properly with the Second Amended Complaint. But obviously he is aware of it – he has been writing about it, has posted copies of it, has commented on it. So consider him served.
Forget the FCRP. Let’s go by Hazel right now.
I think that eventually the Federal courts are going to rue the day that they set the precedents that they did in this case, just as Maryland will those set in the state case. It may not be today, it may not be tomorrow, but they will wish they had acted differently at some point in the future.
But until then, if you don’t want to be harassed, stay out of Maryland.
It’s a hot mess is what it is.
To be fair, I am sure that if ace is identified, he can go to appellate court and win there, thus restoring his anonymity….
I don’t see why Ace of Spades need file a motion to dismiss, or an answer. He merely post on his website, “I intend to contest the lawsuit!” After all, the legal nicety is that all those sued must be served with a physical copy of the lawsuit. Judge Hazel has decided that the real issue is whether, or not, a defendant is “aware” of the fact that he is being sued. Certainly, Brett Kimberlin could move for a default judgment, but, wouldn’t the court be “aware” that Ace of Spades intended to contest the lawsuit until trial? Sure, Ace of Spades wouldn’t have conformed to the legal niceties, but, either those legal niceties matter, or they don’t. Well, Judge Hazel?
Getting past this hurdle, I don’t see Brett Kimberlin’s lawsuit surviving any motion to dismiss. In the last analysis, Ace of Spades needs only run the clock out.
He is also clueless that Levy always told the court that his representation was limited.
No no no.
Saying that he is clueless gives him way too much credit. Purposeful lying is purposeful.
See, if he were merely clueless about a fact, you could apprise him of the fact, and then he would stand corrected.
WHEN HAS THAT EVER HAPPENED?
Never. That’s when. So he knows what the facts are, he chooses to lie about them. And that lying has a purpose. Consider if he were a NPD. Haven’t met him, I am not a clinical psychologist, so I can’t say. But suppose he were what he acts like (no, not an alimentary tract, someone with narcissistic personality disorder.). If so, then he creates conflict just for the purpose of engagement. If he puts out blatant lies, he can get someone to talk to him, because they will want to correct those lies.
Also, some of them I think are trial balloons for his master, or for himself. Put a lie out there, see what people remember and what evidence they have. Because they can’t keep track of all the lies and when they told them, they are so numerous.
So the best response to the lies, if you must respond, is, yeah, go with that, Shaky.
It’s Thursday, and BS is still lying. If I tell you that I will drive you as far as Delaware, and you need to go to Maine, how is it “shitcanning” if I drop you off in Delaware? What’s funny is that he’s still pretending to be a reporter, when he isn’t tweeting obscenities as a “PD activist.” I’m also amazed that he can do 6 hour radio shows, seeing as Hoge was killing him and PD made him lose his voice.
Occupy Parkinson’s
@BlitzParkinsons
Also, more breaking news about Ace of Spades being shitcanned by his attorneys in the #BrettKimberlin RICO suit. http://schmalfeldt.org
12:10 PM – 25 Sep 2014
His reading comprehension sucks. Or he really is that stupid. Or he is lying again. Take your pick with Baghdad Blob.
Don’t overlook the possibility that he is lying about what he misread.
Cabin Boy is a moron. Levy’s representation was always limited.
Careful. Don’t defame morons.
I think it’s time to play, “Let’s Quote Bill Schmalfeldt”!
From his blog, Feb. 7:
“Now, I will report aggressively on Brett Kimberlin’s lawsuit against Hoge and his co-defendants. But I will not be unbiased. I have news that I am sitting on until early next week. It is not good news for Hoge and his co-defendants. (I’ll tell you this much. I won’t say if it’s the state case, the RICO case, or both. Some will save themselves at the expense of others. This is not speculation.)
And I can’t fucking WAIT until I can write about it without risking the outcome.
And for every dollar Kimberlin takes from Hoge, for every piece of property Kimberlin takes from Hoge, for every bit of suffering Kimberlin causes Hoge, I will smile. I will laugh. God forgive me, I want the man to suffer. And according to this story I am sitting on, suffer he will.
Remember where you read it.
Suffer, he will. It won’t match what he’s done to me. But it will be a small measure of satisfaction to have lived long enough to see Karma bite him on his pockmarked, pimply ass.”
Ohhh…I’ll play…from his long ago memory holed blog. No, not that one, the one before it. No, the one before that one. Still no, the one he memory holed 27 memory holes ago.
1/11/2014
I have too much respect for journalism to willingly abuse it. I will continue to run my little Internet radio stations and write for entertainment purposes. But I can no longer expect, or ask, anyone to take what I write as fact.
BREAKING: BS can count to 5. Pretends that what he does is “reporting.” Courts in Maryland, Arizona call it “harassment.”
https://twitter.com/BlitzParkinsons/status/515244769610838016
and if he carries thru on his threat to call “PPKG”s wife, also in Illinois
O.o
He’s planning on adding Tennessee to the list, too.
In the past 20 minutes, he has tweeted @mayberryville 14 times, and has threatened to file charges against him for a constitutionally protected activity, writing a book review. He is quoting harassment statutes, as he continues to harass EPWJ. Methinks he’s messing with the wrong person.
yeah, that’s gonna be a bucket he will seriously regret sticking his testifoot into, and quite soon.
mmmm. Popcorn.
What’s becoming more and more clear, between the revelations in the #stoprush campaign, and the joy on the left at the possible outing of Ace, is that the end game has always been to neuter conservatives through harassment and doxing.
Tip of the Day: “Tort” is not a cake.
https://twitter.com/BlitzParkinsons/status/515245957693603840
“League of the South?”
Wasn’t that the movie where Alan Quartermain, Captain Nemo, the Invisible Man, Mina Harker, Dr. Jekyll/Mr. Hyde and Uncle Remus team up to prevent Dorian Gray and Professor Moriarty from assassinating Harriet Beecher Stowe?
If it was a pre-teen cheerleading squad, the pip-squeak diddler would have no problem with them.
Nice one.
Sorry, meant to reply to Krendler’s League of the South post.