Team Kimberlin Post of the Day

Over the past few years, Brett Kimberlin has had a couple of appeals going to try to set aside some of this Speedway Bomber convictions. He’s been unsuccessful thus far, but he still has one of the cases before the Court of Appeals for the Seventh Circuit, and he’s announced his intention to try to get the Supreme Court to take up the other.

Kimberlin was sentenced to a 51+ year consolidated sentence for his Speedway Bombing crimes and a drug smuggling bust, and he served 13 years before he was paroled. That parole was revoked. The TKPOTD for nine years ago today dealt with that revocation.

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Most folks who have been following the Saga of The Dread Pirate Kimberlin know that he had his parole revoked, and most believe it was revoked for failure to make good on the judgment due Sandra DeLong. That’s true, but there was another reason—mortgage fraud. The following is from the U. S. District Court opinion upholding the revocation of TDPK’s parole [Kimberlin v. Dewalt, 12 F.Supp.2d 487 (1998)]:

On March 25, 1997 the Commission issued a summons that was served on petitioner on April 10, 1997, requiring his presence at a preliminary interview. Petitioner was charged with (1) submitting a fraudulent loan application by making a false statement as to a material fact when he denied having an outstanding judgments against him; and (2) noncompliance with the special payment condition. On April 25, 1997 petitioner attended a preliminary interview by Probation Officer Catherine J. Kirby. At that hearing petitioner denied the charges, claimed poverty and said he was trying to settle the matter with Sandra DeLong. Officer Kirby concluded that petitioner had fraudulently concealed from the mortgage company the true extent of his indebtedness and that he intended to “make sure that [Sandra DeLong] gets as little money as possible.”

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As of close of business on Friday, the Seventh Circuit hasn’t ruled on his pending appeal and the Supreme Court hasn’t docketed a petition for writ of certiorari from Kimberlin. I’m watching both the dockets of both courts.

Stay tuned.

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