Lucky White Socks

Brett Kimberlin was wearing his lucky white socks today. All of the counts in the Hoge v. Kimberlin, et al. were either dismissed or verdicts were rendered for the defendants. For now, I will state that believe that Judge Hecker conducted a fair trial. I also believe that he made some errors in his verdicts, but I do believe that several of his findings are absolutely correct.

First, Judge Hecker found that both Brett Kimberlin and Tetyana Kimberlin made false statements that they themselves could not have reasonably believed in their Applications for Statement of Charges.

Second, Judge Hecker found that the Settlement Agreement from the Hoge v. Schmalfeldt was a valid contract and that Schmalfeldt had breached it.

However, the judge also found that there was enough left of the Kimberlins’ Applications that might have been true to establish probable cause. He also found that I had not properly shown that I damaged by Schmalfeldt’s breach.

I am reviewing my options.

UPDATE—I understand the disappointment, but please knock off the comments that could be construed as questioning Judge Hecker’s fairness, integrity, or competence. He did a good job with a complex case. He may have made errors, and I may ask for reconsideration or file an appeal, but he did a good job of running a fair trial.

124 thoughts on “Lucky White Socks

  1. On to Bill’s lolsuit, I suppose.

    And win or lose, you have to wonder if Brett might move his attention elsewhere, with targets who aren’t quite as likely to fight back. I’m pretty sure he prefers people who are incapable of fighting back.

  2. I think it’s becoming clear with all of these lawsuits, on both sides, is that a lot of time, money, and effort is going to be spent, and the plaintiffs, no matter which side, are going to lose, and the defendants, no matter which side, are going to win.

    I’m reminded of the conclusion Matthew Broderick came to at the end of “War Games”.

  3. Seems not entirely like the “each of your to your separate corners” I suggested yesterday.
    As it goes, not unexpected. Every judge seems to want to be Solomon and split the proverbial baby. “here’s some findings for you, and a verdict for you.”
    Pretty sure “couldn’t reasonably believe” is lying, and lying to get charges filed should be actionable (even if not everything is a lie) but the law wasn’t built for these kind of extremes.

  4. Edit- I see Mr. Fakinsons and inflataskank have already down voted the comment.

    Remember fakinsons just because Maryland helped you dodge a judgement doesn’t change that he found you violated the agreement.

    • The lesson here, that everyone seeing it should have burned into their brain, is that you should never sign a contract that contains no penalty for breach of said contract. Hecker says Schmaballsack breached the contract? So what? Hecker also says that is an act of no consequence whatever, and it is perfectly fine that both Hoge and Schmallbrain were ordered by a MD court into a completely meaningless “settlement” that has no effect whatsoever on anyone, other than wasting their time and effort.

      Also, Hecker (and Mason) says the Kimberlins blatantly lied in a partially successful attempt to have two men prosecuted for beating BK in court. Hecker (and Mason) also says so what? It’s not like you went to prison or anything. I assume the result would have been the same if arrest warrants had been issued, executed, etc. As long as you got released before actually being tried, who cares? Not MD judges.

      But that’s not “but Maryland.” I’m convinced all that could and most likely would happen the same way anywhere. Judges are some of the people most insulated from any consequence of how they conduct their work, that exist anywhere in the world. The only real “but Maryland” involved here is the court commissioner system, that allows for some idiot with apparently not much grasp of law, common sense, or even reality to enter a criminal charge with no investigation whatsoever, just the unsupported word of whoever has enough angst to go to his office and bitch.

      In normal states, you know, before that charge occurred, a cop might actually ask at least a couple questions.

  5. I stand by my assessment of the judge. “Oh, they knew they were filing false charges, but they sprinkled some truth in there, so they’re good.”

    I wonder if merely getting the name and address of their victim right would be enough for him to excuse them. If not, what proportion of lies would he require?

    Maryland — where the judges should be required to have degrees from clown college.

    • A lawyer friend of mine once told me a saying about law students that seems to be true based on their grades.

      “A” students write for Law Review
      “B” students become partners

      “C” students become judges.

    • Not even that they “sprinkled truth” – only benefit of the doubt that they might have believed things they said, though false. Which we know is ludicrous.

      Kimberlin knew that he was mad about people writing true things about him. He was mad that other people might have brought this up to his daughter or that it might have affected the way other parents handled their own kids safety rules with the Littlest bomber (and friend to young ladies) in mind.
      But that’s on him and any of those other people.

      Mainly him, because he’s a criminal super-creep and parents are wise to keep their kids far from his influence and especially his company. Anyone who laid his crimes on Tetyana’s kid or bothered her could be blameable, but he’s never found that here, not by the host and not by anyone who has commented on his worthlessness.

  6. So basically, there were statements that the family made that they could have believed, on top of things that they lied about. Note to some: That does not mean that the other statements were true, only that they could not be proved as KNOWING lies.
    And for the other, basically yep he broke his agreement, he was in the wrong. There was just a lack of provable damages.
    Or in other words, that means someone is adjudicated to have broken a contract, which would he a form of a lie…

  7. Well, shucks. That’s just about the $#!++!@$ outcome I could have imagined.

    I dropped a beer in your tip jar.

  8. In other news, this thread already has more unique commenters than Bill has ever had.

    Oh, and Mr. Hoge has a job; one his employer begged him to come back to after he retired. And his son will speak to him; not just at all, but pretty much daily. Did I mention a house? Like with rooms and not attached to anyone else’s abode? I won’t even go into his dapper attire; I mean, notwithstanding his underwear (of which I have no knowledge and therefore will not comment) he doesn’t have his name on a single article of his clothing. (Do monogrammed cuffs count?)

  9. Я ненавижу «но Мэриленд» со страстью. Мои молитвы по-прежнему с вами, Джон, и это не изменит ничуть! Я не удивлен этим результатом, но я опечален этим. Я призываю апелляцию, если это возможно.

    • Прости меня отец, у меня был жуткий и злые мысли. У меня был мимолетным принуждения сломать Билла другие колена.

  10. Sorry, John. “But Maryland” strikes again.

    If Kimby and Schmalballz were smart, they would do their best never to be heard from again. However, they are not that smart.

  11. The Judge did find that Team Bomber made false statements and the Judge did find that the Nut Shuffling DumbF5ck breached the Contract.

    He did give Sir John the Moral Victory, just didn’t give anything else to go along with it.

    It is a sad state of affairs our country finds itself in these days when the scum of society is allowed to not pay for their wrong doings.

    If this was the late 1800’s, those 2 would have found themselves in Boot Hill pushing up daisies.

  12. Despite having been found liable for being genetically incapable of keeping his word, Schamleldt must have been wearing his lucky mumu – the one he hasn’t washed since the Carter administration – regarding damages.

  13. Well, now I know that I can screw around with service, commit perjury, post material that is under court seal on the internet, not show up for court, and a myriad of other crap with no worries about being held accountable.

    Because F@*! Maryland…. and it’s worthless legal system.

    Stuff like this keeps up… it’s possible that people will stop believing in the rule of law and start dealing with things themselves.

  14. Wouldn’t it just suck for Brett if someone began getting default judgments against him because they were pro se and altered court documents on a whim, committed perjury left and right, filed false charges against him, dicked around with service, dicked around with discovery, told the judge to fuck off, and skipped out on hearings? Because all the shit Kimby gets away with can now legally, justifiably, with judicial precedence, be used against Kimby too.

    I don’t know what Mr. Hoge will do, but I suggest #War. Make Kimby play by his own rules.

        • So now that John’s lawsuit is no longer hanging over their heads, can we expect an announcement concerning the nuptials? Will they register at “Under the Bridge, Cardboard Box, and Beyond”? They’ll want to hurry up, as the Salvation Army is usually booked on the fourth Thursday in November.

    • No case? Didn’t the judge find that BS did violate the agreement, just that Hoge didn’t get damaged enough to warrant a judgement?

    • Hey DuMBFU5k,

      He DID have a case and WON. The judge said you DID violate the agreement. No damages doesn’t mean he didn’t find you’re a sorry waste of oxygen who needs to eat a bullet.

      GS13 my ass

  15. I am disappointed. Not as disappointed as John must be though. The defendants were found to have done exactly what John said they did, the judge found those things to be not within the bounds of civil law, but he let them walk anyway. It really does boggle the mind.

  16. So the Judge found that the Kimberlin knowingly lied when swearing out charges against John; but it stated it wasn’t malicious prosecution.

    I feel an epic appeal coming on and an appeal court being shocked, shocked I tell you; that all the shenanigans have been allowed for so long.

    Move this up the chain and have another go.

    Brett can’t keep it up. And we all know Bill can’t, either literally or figuratively.


  17. I am almost sure that this clown is just another BS sock. Same old threats about the “family.” Same foul mouth and ignorance. Why, I’ll bet there isn’t even a real Tony Cole who’s a ____ at _____. All made up.

    • OHNOES!!! Not the manager at the fast food place! You piss him off, you could get cold fries! And if his Navy brother finds out, they could be wet!!

      Remember what happened every other time you tried to play the family card, DUMBFUCK?

      • Is the Navy brother another shirker like Bill was? Or was heroic storming the mess hall by Bill did?

        Is Tony at that job because he can’t keep gainful employee like his fat, future in-law?

        Can either of them have a lasting relationship with a woman of any real substantive intellect?

        Asking for a friend…

  18. So the lesson here is play fast and loose with the law and the courts and get away with it.

    I don’t think I’ll ever set foot in Maryland again.

    I hold the courts and the judge in utter contempt.

  19. So, Judge Heckler has said by the precedent of this case, that if one has ex parte communication with the judge, wiretaps court proceedings, publishes them to the internet, and flees the jurisdiction, that’s okay by him.
    Also, lying to the court and deliberate contract breaking gets you a contempt citation without consequences.

  20. I see the John Denver tranny has the same bravado referring to her inbred family as BillyBoy. (I can only assume inbred based on his/her appearance.) The silver lining here is both of them being too old to breed, I hope. God knows that family tree doesn’t need any more leaves on the same branch.

    Overall, John, you did an admirable job, and you were proven right. No matter the financial settlement here, BillyBoy was proven to be guilty of breaching a contract, and Kimby remains a court certified liar. They will both continue to wallow in their pathetic lives, having to grift and basically panhandle to eek out a pathetic living. Kimby’s life-strategy of suing as his income stream will come to an end, mainly because of strong souls like yourself. While the outcome was not what you wanted, it’s still a win. Oh, BillyBoy will carry on like it isn’t, but we all know better. He has so little to celebrate in his putrid state of affairs he calls life, who really cares? As said above, you have a real life, a home, a family who loves you, fond memories of a quality, adoring wife, and true friends who believe in you, not that take advantage of you. BillyBoy has a gender-questionable, snaggle-toothed freak of nature who actually believes his constant lies. It really doesn’t get any sadder than that.

    The next entertaining saga will be BillyBoy’s failed attempt to be relevant, once again. Face it BB – the things about you on the Internet are true, and when people point and laugh, it’s not just your imagination.

  21. So in Maryland it’s OK to lie when filing criminal charges against someone to get a restraining order, as long as you tell a couple little white truths in the process.

    And Maryland will arbitrate a “binding agreement” to close out a lawsuit, but won’t enforce it even when they note it was valid, “binding”, and broken.

    Got it.

  22. Well, the man who films himself rolling and sniffing his turds should know.

    • Since he’s only familiar with the first, and has never experienced the second, what else did you expect from ol’ BillyBoy? Key word in “moral victory” being victory. Now if you want to have a contest on most restraining orders……

  23. Hats off to you, John. You deserved much better outcome.

    Funny how certain cowardly individuals are running off at the mouth from an extended stay motel in South Carolina is a good thing.

    We shall see.

  24. Anyone who seeks justice from the State of Maryland who deliberately falsifies any statement in their complaint should be prosecuted, even if there might have been probable cause to find. The state can charge or not depending on circumstances, but the person who makes false statements should face charges. In this case its absolutely laughable that the magistrate would have let Brett and Tetyana’s complaint proceed but for the whoppers they included. Saying awful things (true things – about her dad), even if the kid is embarrassed or it has an effect on her social status has nothing to do with her or any bullying of her. If someone else decided to bully her because of her reprehensible and dangerous parent, then the claims are against the bullies, no one else.

  25. Professional Engineers are a rather characteristic lot. They are meticulous, thorough, and learn from their mistakes. They are already thinking about improving Version Two while they are building Version One. Their main job is to constantly ratchet and improve the outcomes of their efforts.

    If life hands an Engineer lemons, he makes lemonade, adds a splash of alcohol, and reclines on the porch of his Stately Manor, thinking of his next move(s).

    Team Kimbergarten got their sleeves caught in the machinery. They got nicked and bruised, but they got to keep their arms. Do they really want to try it again?

    • A professional engineers making V. 2.0 always improves it. Things that may not have worked out in V 1.0 are made vastly superior going forward.

      And they are always up to a challenge.

  26. Pingback: Post Judgment thoughts | Sonoran Conservative

  27. I say sue Bill Schmalfeldt tomorrow for today’s breach. Judge Heckler has shown you the path forward. Take it. If he is annoyed to have to hear the case again, just say, “Failure to sue constitutes my waiving my copyrights.” Then, all you have to do is properly show damages.

    There was a company that ran a service that took a customer’s R-rated tape and edited it to PG (deleted the nudity, cursing, etc.) This service then destroyed the original so that the company merely transferred parts of it. That company was sued successfully for copyright infringement. The service did not in any way cause an economic loss to the copyrightholder, and, in fact was an economic plus because people who otherwise would not have bought an R-rated movie did. Their damages were purely intangible.

    • A DUMBFUCK has very helpfully proved a road to establish damages with his idiotic lulzsuits and other public statements.

      John derives income from this blog. Violating his copyrights diminishes that.

      Obviously, that position needs some fleshing out, but there’s the basis for damages.

      And as I read it today’s goings-on, res judicata doesn’t apply, and there’s a judicial finding that Oliver Wendell Jones is indeed a copyright thief. That’s half the battle.

      And not for nothing, if somebody doesn’t like something that Krendler wrote that appears in “Confessions of an Internet Troll”, they can sue a flophouse shithead for it, since he currently claims ownership through it.

      Here’s another theory that I’ve been pondering for awhile now. I believe that it’s virtually impossible for him to successfully sue for anything Krendler wrote in that book, since he republished it for sale, thereby making anything therein immune from a defamation claim. I haven’t read the book, but I would imagine that almost every claim in Lulzsuit VIII is represented in it.

      Happy reading.

      • For example, if Rosa Parkinsons republished a Krendler claim that he’s faking his supposed medical malady, it obviously isn’t defamation. If a Krendler claim that he’s an alcoholic is in it, not defamation. If the “Bill is a rapist” accusation is there, not defamation.

        Then there’s the small matter of contributory negligence, which Schmaleldt is far too blindingly stupid to understand.

        Read the book. Anything in there is fair game to be repeated as often, as publicly and as loudly as you want.

        • If anybody has a digital copy of that book, could you do me a favor and throw it up on Pirate Bay? I think I’d like to do some … research.

  28. Hi,
    This is my second post here. I’m sorry its under such circumstances. I was bullied as a child. These are the behaviors that they used. I was able to confront one bully physically, without fighting. He gave in after that. The next school year he moved. Mr Hoge has now confronted his bullies. I’m sure they wont go away. The other bully I had, I used the ignore technique. That is what must be done with B.S. He loses power over you if you ignore him. Yes he will cry to the internet. Who will really listen? Google searches for all of the names involved return the truth. The last bully I had, we fought. I lost. I took damage but nothing life changing. Again the bully lost interest afterward. He still had his nose bloodied and that was enough. Is the court the metaphorical equivalent to that? Or does that need to happen in the real world? It all went away when I went to high school. In the end its how you conduct yourself. If you let them in your head, they win. If they are sociopaths, then the just need to be put down. My .000000000002 BTC thanks for reading.

    Joe Bob

    • I agree that it is best to ignore Bill S. Block him at Twitter and elsewhere. Lawsuits are a waste of time in Maryland. You take away his power by refusing to play. As for BK, you have shown him what it’s like to be a defendant. Appeal this decision if legal research indicates it was wrong. That’s what I would do in any case.

    • To Joe Bob and Gary,
      I’m not sure how long you’ve been with us; but Security, and LG are correct. Bill and Brett are only connected by association.
      To be honest, Brett would rather disappear; he only attacks Mr. Hoge and Aaron to deflect their honest reporting about his current … enterprises, and their relation to his past.
      Bill, on the other hand, is a fat, unemployable, goldbricking, parasitic, narcissistic, sociopath who can’t live without cry-bullying someone. You may have noticed that there are at least two other blogs that spawned specifically to show what a coward and waste Bill is. There are two others that blossomed after Bill doxxed their owners and Team Free Speech took notice. Meanwhile Bill has dozens of failed blogs, podcasts, books and sundry other publications that virtually no-one reads except to point, laugh and mock.

  29. Appeal! That’s what BK does every time he loses a case. And it seems dubious that someone can file false criminal charges against someone and get set with it. Research similar cases to see what gives.

  30. “…please knock off the comments that could be construed as questioning Judge Hecker’s fairness, integrity, or competence.”

    If Biwwy said this, I’d inform him what he could do with himself. But as I respect you, Mr. Hoge, I will honor your request. You were there, after all, and I trust your judgment.

  31. One last question:

    A moral victory is better than $70,000? Because if it is you should only ask for moral victories instead of monetary damages in any future lawsuits.

    Interesting how you carried on with this bullshit for so long just to score a “moral victory”

    Foresee that, did we?

    • To the best of my recollection, your total take from seven failed lawsuits is exactly zero dollars and zero cents. So, I have to ask you, are immoral victories [imposing cost and complexity, almost furthering doxxing, engaging in a little privileged defamation, etc.] better than collecting the tens of thousands of dollars you were seeking? Be honest, Bill Schmalfeldt, you are living in a dive flop-house, by your own account, blacklisted from even finding an apartment. You are reduced to having others blegging for a scooty-puff, something you had but were unable to keep. John Hoge earns in an afternoon what you make in month. By your account account in court pleadings you have noted that your reputation is damaged beyond repair. And, to add to the bleakness of your situation, by your own admission you lack executive function, aka, you just can’t help yourself, so there is no real hope of it ever getting better. Feel free to feel as much perverse satisfaction as your choose, today. Tomorrow, I will still be me, John Hoge will still be himself, and you will still be yourself. Those facts give each and every one of us lickspittles immense satisfaction each and every day.

      • Look at this way, BSB. Eventually, every living thing dies. The difference is, when Brett and Bill eventually shuffle loose their mortal coils, how will they be remembered? Brett will still be a convicted felon. And Bill will still be the biggest Dumbfuck east of the Mississippi River.

        But that’s none of my business….

        (OMG!!!! DEATH THREAT!!!!!!!!!ELEVENTY!!!!)

    • As opposed to scumbags like yourself, whose highest aspiration is to be a stench in the nostrils of your betters.

      Brett Kimberlin lusts after and has fornicated with children, trafficked in illegal drugs, callously laid bombs which maimed an innocent passer-by and resulted in that man’s death, is arguably guilty of at least one murder, and has lied so many times his status as a convicted perjurer comes as no surprise. In a just world, he’d have remained in prison until the day he died.

      Bill Schmafeldt is as malignant as he is stupid. A creature that has achieved nothing, built nothing, and exists as a parasite dependant on the very productive citizens his bitter and simplistic political viewpoint vilifies. As prolific a liar as Brett Kimberlin, while managing to be even less competent at his “craft”. A man who claims to be a victim of a cruel disease which only worsens, while his symptoms miraculously wax and wane based upon his current legal entanglements.

      Then we have the child bride, who in true Team Kimberlin fashion repaid kindness and tangible ($$$!) assistance by returning to the “fold” and becoming an accomplice to their scumbaggery.

      Oh, and we have the failed musician, intrepid leader of a musical group consisting of ONE member and whose creativity and technical skill inflicts the world with noise rivaled only by the dabbling efforts of a lowly intern at Nintendo during the days of 8-bit gaming.

      I know there’s a few other scumbags I could mention, but they’ve been too busy dodging process servers and the like to draw my attention.

      But, hey, you keep on trash-talking. I’m sure the rocket scientists, lawyers, business people, and other happy and successful members of Team Free Speech are really really wounded by your drivel.

      The punishment for being you, is being you.

    • Gotta love when Willy the Cat Lady tries to be clever. Each failure bigger than his last. Whatever happened to that mail order bride of his? The one who would be so disappointed to know he’s still ogling and creeping young Asian girls on Twitter? Friends/feather/flock, indeed.

  32. I see this as a combination of two things others have mentioned:

    1. Split the baby.
    2. All of you go back to your corners.

    Seems to me there’s a shoe I haven’t YET heard drop: Disposition of the Schmalfeldt No-Show.

    Why the judge can’t see the harm in Hoge having been dragged in to court multiple times is beyond me. Historical facts that were inadmissible for some reason?

    ‘Brett Kimberlin The Speedway Bomber’ is the luckiest SOB alive. Well, other than having served some number of years already in the Federal Pen. Boom-Boom Kimberlin should seriously consider whether he wants to go back to the well yet again. And tempt Fate once more. Play with matches long enough and, well… The odds are against him I’d think.

    Yes. It’s better, much better, to be lucky than good. But how many times will Brett roll the dice? If I myself were El Kimbo I’d walk away from John Hoge as quietly as I could and never ever cross his path again. The risks likely outweigh any possible rewards. Nonetheless my money is on the square that reads ‘Kimbermeister-Ego’.

    Schmalfeldt too has gotten lucky on this one. Let him exult. Let him also continue to believe there will be no blowback repercussions from his federal suit. Maybe so. Maybe not.

    I acknowledge our hosts desire we knock it off about the judge. Sorry man, lower case. But we’ve seen 3 judges now each of whom has allowed amateurs to flout procedure, forge documents, violate deadlines and flat out lie. I have no sympathy for the judges.

    Just generalizing now, but nobody tell me about ‘The Majesty of The Law.’ Don’t tell me, “A nation of laws not men.” Don’t say ‘black-letter law.’

    The Legal system is a crapshoot.

    And finally, John, please don’t post transcripts too soon. Make Shakes purchase them himself or request them from his most excellent friend. Tell your NC Lawyer to NOT accept any communications from Schmalfeldt via email; certified mail from now on. Only.

  33. It seems to me that one of the three statements below must be true:

    1) John Hoge engaged in illegal behavior that placed him in genuine legal jeopardy;

    2) Judge Hecker did not apply the law correctly; or

    3) Maryland allows for the arrest and prosecution of parties that Maryland knowns to be innocent.

  34. Well, If you don’t fight, you lose.

    You made your points, you mastered the rules (not that they seem to matter), and mounted a formidable case. The bad guys know there’s a mean dog in the yard now.

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