Team Kimberlin Post of the Day

One of the problems that The Dread Pro-Se Kimberlin should be considering in the drafting of his omnibus opposition to the stack of motions to dismiss his Kimberlin v. The Universe, et al. RICO Madness is Federal Rule of Civil Procedure 11(b)(3) which requires that

the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery …

For example, consider this from paragraph 249 of his second amended complaint.

ECF 135-249There is not only no evidence to support that contention, the evidence refutes it. With only one exception, I have never been in the same place as Brett Kimberlin other than in a courthouse (or its near environs such surrounding sidewalks or parking lots) for an open hearing where I was either a party or covering the open hearing for this blog. Obviously, when I was a party at a hearing, I had every right to be present. Similarly—as the judge told TDPK when he tried to have me thrown out of a courtroom during a hearing—members of the public have the right to attend open court hearings, and I have a First Amendment right to cover open hearings as a blogger. There’s no stalking there.

The exception occurred at the Carroll County Senior Center on 27 January, 2014, during the mediation session between Bill Schmalfeldt and me concerning the disposition of peace order violation charges against Schmalfeldt. Kimberlin was in the building. He had driven Schmalfeldt to the meeting. Of course, he had the right to give Schmalfeldt a ride, but the meeting was not open. He had no right to be hanging around the Senior Center during the meeting.

TDPK has provided transportation for Schmalfeldt for hearings in District Court in Howard County and District and Circuit Courts in Carroll County. He attended those hearings. He also attended a Hoge v. Schmalfeldt hearing in U. S. District Court in Baltimore. If the theory of hearing attendance that he wishes to apply to me is valid, then he has been stalking me. Fortunately for TDPK, that bit advice he’s had from Acme is wrong.

popcorn4bkOn the one hand, I suspect it will be somewhat exasperating to have to deal with yet another bogus court filing from TDPK. On the other, I do have a certain curiosity to see what sort of nonsense he throws out. He has until close of business next Monday to get his opposition to the court.

Tick, tock.

34 thoughts on “Team Kimberlin Post of the Day

  1. There are several responses a person could have to a nightly airing if flaws in a case he is filing. The questions to be answered next week are: which flaws are relevant, which are red herrings, and which and to what degree should they be addressed.

    I rather hope it increases his agita to the point he gives up. Barring that (because Wile E. Coyote, Esq isn’t smart enough to know when to fold ’em) more references to Team Themis are always appreciated.

    • I hope everyone is ready to pitch in to help fix the problems, since Brett Kimberlin doesn’t give up easily.

      When he was arrested with a car full of bomb making parts (and forged IDs), Kimberlin did not stop his crimes, but rather buried remaining bombs and a murder weapon in the lawn of one of Julia Scyphers’ daughters to frame her.
      When he was convicted of the Speedway bombings, he sued witnesses and a prosecutor – frivolous suits that were dismissed.. He appealed; guit reaffirmed unanimously. So he requested a re-hearing of the appeal. Denied. So he appealed to the Supreme Court. Denied.

      He sued his bombing victim and her lawyer. He moved assets around to and said he couldn’t pay her. He got his sister to file a fraudulent bankruptcy suit against him to stop his bombing victim from collecting her judgment. He went to jail for all this, but argues the point. He claimed he was secretly exhonerated for the bombings (he wasn’t) and that he’s not currently on parole for the bombings (he is). He committed multiple perjuries in the last few years just to continue pushing this idiotic… FALSE NARRATIVE … and also, let’s not forget he’s a pedophile.

      So, the fight will most likely continue, which is OK if you and others are still in it. I hope you will be.

      • But, BKW, this does nothing to disabuse the thoughtful reader from the idea that Brett Kimberlin is a pedophile.

    • Team Themis has always been the soft white underbelly of the anti-Kimberlin conspiracy. Let’s just hope Brett does not blow the lid off that can of worms.

      • Team Themis, Diebold and the stolen Ohio votes. I need at least a $100,000 reward from Velvet Revolution to say more.

    • It really angers me to imagine he is not maximally preserving the value of that car. It needs to be sold and the proceeds given to Sandra DeLong, immediately.

      Once that debt is satisfied, we must see what we can still do about him hiring his drug smuggling colleague, William Bowman, to shoot Julia Scyphers. Technically this act would be considered “solicitation to commit murder” and my reading of the law is that Indiana has no statute of limitations on it; I believe most states do not.

  2. Say, weren’t you also present when TDPK was skulking around (and some might say stalking) Blog Bash? Of course, you weren’t supposed to know about that, but…

    • Buuut of course its not Its not stalking when you

      repeatedly call someone’s employer

      file suit to discover their online identity

      take a picture of them In the courthouse

      and then falsify medical reports saying you were assaulted when on video all that
      happened that you were humiliated like a little 14yr old Ukrainian girl

      then takes pictures of the man outside the court house and has a dependable comrade post it for all the world to see

      and then take pictures of his wife, park right in front of her in a large parking lot.

      Then try to disrupt a blogging group that supported your object by repeatedly calling the venue threatening muslim protests

      Then stalking the venue in a silly muslim garb

      Then have a convicted sex offending pedo pervert take pictures of the event

      Yep – can’t wait to see how this one turns out!

      • Brett has a history of using false reports and harassment to try to get away with his crimes. For instance, he was enraged when his murder victim, Julia Scyphers, stopped his pedophilic relationship with Scyphers’ granddaughter. Brett threatened suicide, went to management of an apartment Scyphers owned and falsely told them the owner was crazy and had ruined the apartment. The office lady recalled Brett “radiated hatred” when speaking of Scyphers. Brett hates being called out on his pedophilia.

        A month later, Scyphers was shot dead by Brett’s drug smuggling colleague William Bowman. Brett accidentally revealed to his biographer that Brett buried the murder weapon in one of Scypher’s daughter’s yards.

        A couple weeks after the murder, police started calling so Brett cleared out a sporting goods store of much of its lead shot and bought every Mark Time electronic timer that sold in Indianapolis those couple of weeks. Then eight very similar bombs went off in the suburb of Speedway, each with specially modified Mark Time timers. And some with the same kind of lead shot he just bought.

    • I was inside the venue. Brave Sir Robin Brett stayed on the other side of the street. He tried to stay out of sight, but was photographed anyway.

  3. Absent some court order, can you be said to ‘stalk’ someone in ‘public places’ at all?

    The story of TDPK will not end well. Either some judge will finally designate him a vexatious litigant, some angry father will teach him a lesson, his parole will be revoked, or he will sue someone less willing to endure the legal torture to end his annoyance.

    • Under the Maryland definition (not the same in every state). stalking can include following someone in public places in certain circumstances.

  4. Brett Kimberlin’s “Notice of Appeal” was posted for the state case yesterday. What does this mean? I thought he already filed the appeal, and, requested yet another delay.

    • Brett, you may have MEANT to sue the person Ace of Spades, but apparently you didn’t. What you call “hyper-technical” everyone else calls “proper procedure.” They pretty much manage to follow it, too!

    • Aaron Walker was not a party to Brett Kimberlin’s suit against Seth Allen. Nevertheless, he represented himself pro se in that case for the purposes of protecting his identity. The person who blogs as “Ace of Spades” had that same right. At that point in the case, Ace of Spades the did not need representation because it had yet been served.

      While Brett Kimberlin may conflate Ace of Spades the blog, and the anonymous blogger who posts as “Ace of Spades,” the law simply does not. The description of the party “Ace of Spades” clearly indicates that it is a blog.

      Nor, does it matter that the only blogger at the Ace of Spades blog that he claims has written objectionable material. Brett Kimberlin sued Dan Backer’s law firm. As far as I know, Dan Backer is the only lawyer at the firm he claims has engaged in objectionable behavior.

  5. Why is “a party” in the first paragraph in quotes? It looks like BK is admitting that he knows that Ace is not (indeed cannot be) really a party, since a real party to the suit would not need quotes.

    And like BS, he indulges in fantastic amounts of projection, stating that Ace’s lawyers claim is “without merit and bizarre”, when instead it is his own case which is quite obviously without merit and bizarre.

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