Team Kimberlin Post of the Day

Brett Kimberlin has wasted an immense part of his life litigating losing claims in court. The TKPOTD for ten years ago today dealt with one of his lawsuits against the Parole Commission.

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It’s not surprising that Brett Kimberlin did what he could to get paroled from his 50+ year sentence at the earliest possible date. That involved several lawsuits against the Parole Commission. One of his claims was that he was being retaliated against for his claim to have sold marijuana to Dan Qualye. Here’s what the Court of Appeals for the 7th Circuit said [Kimberlin v. White, 7 F.3d 527 (1993)]:

Baer noted that although the Commission did not formally issue its decision in the Kimberlin case until November 14, 1988, all but one of the votes needed to finalize the decision were cast by October 20, 1988 — well before Kimberlin’s allegations became public on November 4. The final vote was cast on November 4, the same day that the El Reno Daily Tribune, a local newspaper, first publicized Kimberlin’s allegations. Baer told Senator Biden that the file did not indicate that any of the Commissioners were aware of Kimberlin’s accusations against Quayle when they cast their votes.

There was no factual basis for that claim.

Kimberlin also asserted that his crimes should not have been placed in Offense Category 8, the highest level, which lengthened the time to be served before parole. The Court of Appeals found that

[t]here can be no serious doubt that setting off six dynamite charges (some wrapped with lead shot) amidst a residential community constituted good cause for the Commission’s upward departure.

The judgment of the District Court upholding the findings of the Parole Commission was affirmed.

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Over the past five years, Kimberlin has filed motions trying to get out of his Speedway Bombing convictions, had the District Court deny his motions, had the Seventh Circuit affirm the District Court, and had the Supreme Court refuse his appeal.

He can’t get out of it. He’s the Speedway Bomber.

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