Before Brett Kimberlin filed his first LOLsuit against me, he filed an Application for Statement of Charges against me falsely alleging that I was harassing him. So before he sued me, he set himself up for my filing a civil action against hime for malicious prosecution. Eight years ago today I posted that #BrettKimberlin Makes My Day.
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I know that Napoleon famously said not to correct your enemy when he is making a mistake, but Brett Kimberlin is gonna need a very good lawyer. As I mentioned earlier this evening, he has charged me with harassment. And he’s similarly charged Aaron Walker. I’ll let Aaron speak for himself, but now that I’ve talked to my counsel, I have this to say.
The charge is not only bogus. It’s stupid.
Brett Kimberlin is a convicted perjurer. He can’t give testimony in court. [See note below.] Regardless of what he puts in an Application for Statement of Charges, the Montgomery County State’s Attorney’s Office knows that there is no competent evidence in the document because Brett Kimberlin can’t back it up with testimony in court. Gentle Reader, why do you think that the charges he filed against Jay Elliott were tossed so quickly? It could take a couple of weeks, but nolle prosequi is really the only alternative, and that means the charges are dead in the water.
But pretend that through some silly error the State’s Attorney decides to prosecute. If the information in the Maryland Judiciary Case Search database is correct, proving the charge to be false will be a trivial matter.
Yes, the charge is facially false. That opens up all sorts of interesting possibilities. Knowingly filing a false charge is a criminal offense in Maryland, and it should be easy to prove that Kimberlin knew or should have known that the information he gave was bogus.
Also, I am a potential witness in legal matters relating to Team Kimberlin in three counties in Maryland and at least two other states. Is this charge an attempt to intimidate me? If so, it won’t work, and witness intimidation is frowned upon in Maryland.
Those are only two of the possible criminal liabilities that Kimberlin may have just created for himself, as if he doesn’t have enough on his plate with sexual offense in the third degree. Of course, I have possible civil remedies as well, as if a divorce and Bill Schmalfeldt’s frivolous motions, peace order appeal, and DMCA tomfoolery wouldn’t be enough to keep
him Acme Legal busy. (Meep, meep!)
Then there’s a potential problem stemming from how he may have used corporate assets of Justice Through Music Project to engage in his harassment aimed at BlogBash last March. Advocacy is one thing. Stalking is something else.
The Team Kimberlin ship has a big hole below the water line, and it looks like The Dread Pirate Kimberlin has opened the scuttlecocks.
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During the time that Kimberlin was suing me, Maryland was the last state with a law prohibiting convicted perjurers for giving testimony in court. He found out about his disability when my lawyer prevent him from testifying in the Hoge v. Kimberlin peace order hearing. He was never able to offer testimony in any of the state LOLsuits he filed against me.
However, the state senator representing Kimberlin’s district offered legislation repealing the ban on testimony from perjurers which passed in time to allow Kimberlin to be subjected to cross examination in the Walker v. Kimberlin, et al. and Hoge v. Kimberlin, et al. lawsuits.
Kimberlin’s felony convictions are so old now that they can’t be used to impeach his reliability as a witness in a Maryland proceeding—except for one—his conviction for perjury. A court and jury can be told of a prior perjury conviction regardless of how long ago it occurred.