Team Kimberlin Post of the Day

One of the allegations The Dread Pro-Se Kimberlin made in the Application for Statement of Charges filed against Aaron Walker in 2013 was that Aaron had falsely accused Kimberlin of being a rapist. The jury found that allegation by Kimberlin to be false. In other words, they found that Aaron did not falsely accuse Kimberlin of being a rapist. Now, the evidence before the jury included a blog post from Aaron that discussed the Application for Statement of Charges filed by Tetyana Kimberlin against her husband. That Application alleged that he had committed what in Maryland is called Third-Degree Sexual Offense and is commonly called “statutory rape.” Thus, the jury did not find that Aaron never made the accusation against TDPK. They found that Brett Kimberlin lied by saying Aaron’s statement was false.

That appears to be an finding on the merits.

The Gentle Reader may make of it what he will.

23 thoughts on “Team Kimberlin Post of the Day


  1. Some corrections to the post.

    First, the jury was asked to identify “knowingly false” statements. So if the statement is false, that is not enough. It has to be that Brett (or Tetyana as applicable) knew it was false.

    So a failure to flag a claim in the charges as “knowingly false” doesn’t imply it is true. It might be that the jury wasn’t convinced the author knew it was untrue.

    Still, the jury found that when Brett accused me of falsely accusing him of being a rapist, that Brett was making a “knowingly false” statement.

    So in plain terms, he lied when he said that I “falsely accused” Brett of being a rapist.

    Now, there are two ways that the claim that I falsely accused him of something could be a lie: 1) it could be that I never accused him of it in the first place or 2) I did accuse him of it, but it wasn’t false. So which is it?

    Well, there was no doubt that I accused him of being a rapist, as in a “statutory” rapist, on virtue of the fact he slept with an underage girl, namely his wife. So the jury could only find it was a lie to say I falsely accused Brett of being a rapist if they believed that I had truthfully accused him of it. Brett truthfully accused me of accusing him of being a rapist, but the lie is when he said my accusation was false.

    John also said that a post discussing Tetyana’s Application for Statement of Charges against Brett was introduced into evidence. I am not sure I recall that happening. But I have no doubt that the Application for Statement of Charges itself was introduced into evidence. And I told the jury they could consider it as evidence. And of course there was more evidence before the jury on the subject, but I suspect John is holding it back, so I will, too. Let’s just say the worst is yet to come.


    • “Now, there are two ways that the claim that I falsely accused him of something could be a lie: 1) it could be that I never accused him of it in the first place or 2) I did accuse him of it, but it wasn’t false. So which is it?”

      OR the jury does not equate “rape” with “statutory rape”. Which is the most likely for laymen and lawyers alike. Just because they are similar sounding does not mean that “statutory rape” is a subset of “rape”. They certainly aren’t treated that way under most criminal codes.


      • Kman

        Oh, look, its the guy who filed a false affidavit against me, based on, as usual, your failure to actually read what you are talking about.

        You stated under oath that the only way I could have found a video with Tetyana’s eldest daughter showing her cleavage was if I watched all of her videos and searched for that one moment when she did that.

        Orrrr… this could have happened. There could have previously been a discussion involving other people (not me) where they were discussing what they termed a “titty shot” involving that girl that Brett falsely accused me of participating in. And then when he falsely accused me of participating in that discussion, I asked various people what he was talking about and someone pointed me at that discussion, and in that discussion was embedded a copy of the video. So the reason why I found it was because I previously was falsely accused of engaging in a discussion about it.

        I explained all of that IN THE POST YOU DENOUNCED in your affidavit, but nonetheless you testified falsely that you believed that I had to have scoured her videos, even though if you did the actual reading you would have obtained a perfectly innocent explanation.

        By the way, on what planet do you think you can bring into evidence your speculation as to what I did, when you didn’t personally witness what I did? Have you ever actually tried a case in your life? Seriously, your affidavit was downright incompetent.

        I believe you also said that I had to go through the entire video to find a split second where her cleavage was showing. In fact it appears within the first 15 seconds if memory serves, and several more times after that. Given that she was at most 15 years old when the video was made, that is creepy as all get out.

        As for your new stupid analysis, perhaps you could explain this. You say they probably weren’t talking about statutory rape, but the other kind. For purposes of this discussion, I will call it “forcible rape” although that term really doesn’t cover it—we are talking rape involving people who can legally consent to sex, but don’t. So how could they be talking about “forcible” rape when there was no evidence on the subject at all? Brett didn’t ask me if I accused him of forcible rape, I didn’t state I hadn’t accused him of that. So with the presumption in favor of the defense, if the jury meant forcible rape, they had no evidence that I didn’t accuse him of it, so they would *have* to find that Brett didn’t lie about that. The tie goes to the defendant.

        See, once again, you complete f—king idiot, you make assumptions unwarranted by the facts.

        And further if you reviewed the evidence you would know that “statory rape” was clearly on their mind and the balance of the evidence showed that he did exactly that.

        You also assume the jury was filled with lay persons. Actually, there was a lawyer on the jury. And by the way, most ordinary people understand the term “statutory rape.” *That* term is actually the colloquialism. I have never seen a state’s criminal code call something “statutory rape.” The actual term in Maryland law for a 15 year old being seduced by a guy in his forties is “sexual offense in the third degree.” Read for yourself, and next time do your homework before opening your trap: https://govt.westlaw.com/mdc/Document/NEF378970584911E6B91D8C3313325241?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)

        Finally, I will say this. I used to call you a stalker and that was wrong. Having experienced the real thing, I was wrong to say that about you. But your creepy obsessive fixation on me—going on for around 12 years now—alongside your intellectual laziness—does not reflect well upon you. Thankfully, your dumb affidavit was not even seen by the jury and, naturally, your obsessive attempt to elbow into this attempt to stop a convicted bomber who stalked my wife y testifying was denied. Your obsessive, creepy behavior did not prejudice me. But any lingering belief that you had some decency after all is pretty much gone. You can take that copy of the Autobiography of Martin Luther King I once gave you when I thought you showed some humanity and shove it up your butt.

        Sideways.


        • I got halfway through your reply and got bored. You certainly have a way of going off topic to vent your spleen.

          I was just pointing out that there are many reasons why a jury decides things and since you weren’t in the jury room, perhaps you shouldn’t speculate. That’s simple enough for you to understand, yes?

          As for my affidavit, that’s where I nodded off. Look, you posted a screenshot of a video showing the cleavage a person YOU KNEW to be underage and it was a screenshot which was, IN YOUR WORDS, was offensive. Period. End of story.

          That’s perverted and twisted. You can write a 40,000 word opus on that, or any other subject, and it won’t change the fact that posting that was creepy. Nor does it change the fact that you lost in court and that no judge’s admonishment will ever sink in.

          Get a life Aaron. With your drive, you could be doing so much good, if you would only put your energies to something constructive.

          [Kman, it’s pretty clear that you are unwilling to be swayed by the facts and that allowing you to comment on this site is a waste of bandwidth. Publish all you want on your own blog, but please refrain from cluttering up Hogewash! with any more of your nonsense.—wjjhoge]


          • Kman

            > I got halfway through your reply and got bored.

            But as usual, you are responding to something without having read all of it.

            > I was just pointing out that there are many reasons why a jury decides things and since you weren’t in the jury room, perhaps you shouldn’t speculate. That’s simple enough for you to understand, yes?

            But you weren’t even in the courtroom, and, still, you feel free to speculate. And the short answer is that the jury would have no basis for finding that Brett lied when he accused me of falsely accusing him of “forcible” rape. Which if you bothered to read my points, you would’ve understood. Or maybe you are pretending to be lazy so you won’t admit you were being stupid.

            So the extent of my speculation is “I am assuming the jury did their job right.” I know, crazy, right?

            > As for my affidavit, that’s where I nodded off. Look, you posted a screenshot of a video showing the cleavage a person YOU KNEW to be underage and it was a screenshot which was, IN YOUR WORDS, was offensive. Period. End of story.

            So calling out bad behavior is against the rules? Brett let’s Tetyana’s 15 year old daughter show her the cleavage, but if anyone takes offense to it, they are the bad guys. What color is the sky in your world.

            Strange how you have sided with a pedophile and protecting him from being called out for creepy behavior.

            > You can write a 40,000 word opus on that, or any other subject, and it won’t change the fact that posting that was creepy.

            Ah, the creepy part isn’t letting a 15 year old do that, but criticizing it. Gotcha. Strange how as usual you find no criticism of people on your political “side.”

            > With your drive, you could be doing so much good, if you would only put your energies to something constructive.

            Warning parents living in Bethesda is not constructive? Preventing Brett Kimberlin from having access to underage girls is not constructive?

            You are a scumbag, Ken. And the fact is you filed a false affidavit. Lucky for you it can’t be perjury, because it couldn’t possibly be material. But the fact is you lied to the court. Check your own house.

            Btw, did you share any of that advise with Brett, since you are plainly in communication with him? Did you point out that maybe it was a tad wrong to sue a stroke victim for alleged false statements when her only acts were clearly beyond the statute of limitations. Or did you point out that use of name or likeness cannot be used to shut down all discussion about Brett Kimberlin? You are a lawyer, you know these theories are bogus and you are in communication with him. Are you going to say anything to him how he needs to stop suing people, filing false charges, etc.?

            No, of course not, because you are back to being your obsessed and unprincipled self i have had the displeasure of knowing for 12 years. You know, the one who followed me to now four different sites, who is telling me to get a life.


          • Kmam, your idiocy is underwhelming, and your affidavit was not only unwise, false, but could be damaging to your reputation and your practice.


      • Kman, as much as Schmalfeldt has been officially designated as “Krendler’s bitch”; I think we can start to process to have you formally reciognized as “Walker’s bitch”.

        The bitch slapping Aaron just gave you was one for the ages.


        • >> So the extent of my speculation is “I am assuming the jury did their job right.” I know, crazy, right?

          Except you don’t write that. You twist yourself into contortions to make a point which the jury didn’t make.

          >> So calling out bad behavior is against the rules?

          Aaron, how many jobs do you have to lose — and how many times do you have to lose in court — before it dawns on you that maybe — just MAYBE — the one showing bad behavior is you? You’re like Trump — it is always someone else’s fault. It gets OLD.

          >> Warning parents living in Bethesda is not constructive? Preventing Brett Kimberlin from having access to underage girls is not constructive?

          Except that, even if the facts supported your allegations (they don’t), you’re not doing it for altruistic reasons. This is not about protecting Bethesda. It is not about protecting underage girls (one of whom you expose on your website). If it were about those things, there are better courses of action.

          This about you exacting revenge on Brett Kimberlin. I would have more respect for you if you could just AT A MINIMUM be honest about your motives. It’s about YOU, Aaron.

          >> Are you going to say anything to him how he needs to stop suing people, filing false charges, etc.?

          Hey — I know I’m just a respected lawyer who has been able to hold down a legal job for over 20 years or so, but… I’m pretty sure you were the plaintiff in the case. You know, the case that you just lost? So it would be a little strange for me to tell Kimberlin to stop suing you, wouldn’t it.

          Here’s an idea. But maybe if stop trying to save all of mankind and do something else with your life, all this will go away? At least you will have a basis to gripe. But don’t attack, and then whine like you’re the victim when there’s a response. You look kind of like a pussy. More importantly, it ain’t working for you.


          • Kman,

            Judge Mason ruled that you had nothing probative to say about the Walker v. Kimberlin, et al. matter. Your comments here at Hogewash! prove that he was correct.


          • “Hey — I know I’m just a respected lawyer..”

            Is that the same as saying, “I was a GS-13 writer for the NIH and I have the participation awards to prove it?”

            Of course, the other side of that – “I’m a respected lawyer -” depends entirely on what circles you are in . Isn’t that right, Tom Hagen?


  2. Chess moves being made, followed by the dancing of Team Kimberlin. It ain’t pretty, but it’s fun to watch. Where’s that popcorn…


  3. So if I understand this correctly, you’re saying that Bill Schmalfeldt is not an associate and defender of a convicted perjurer, forger, drug dealer, serial bomber and adjudicated pedophile.

    Instead, Bill Schmalfeldt is an associate and defender of a convicted perjurer, forger, drug dealer serial bomber and adjudicated pedophile and RAPIST?

    And a morbidly obese sack of pig dung, a myocardial infarction waiting to happen. (I mean Bill, not TDPK)

    Have I got that right?


    • When you consider that Bill dropped, with prejudice, a lawsuit in which he included his butt hurt over being called a rapist, thereby settling the matter for all times it’s not surprising that he chooses friends with the same proclivities. I might note he also likes to hang with people that enjoy child porn and have publicly stated they want to have sex with underage kids. Draw what conclusions you will from that.


  4. I really am in cyber love with all you f#$%ers. I have followed this blog for over 3 years. I will say though, if one of you doesn’t whoop Timberlin’s ass, legally speaking, I’m going to have to stop reading. This is like the longest c$%^ tease in the history of c#$% teasing.

  5. Pingback: But He is a Real Jerk | Dave Alexander & Company with David Edgren and Gus Bailey – The Artisan Craft Blog

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