The past couple of TKPOTDs have dealt with Brett Kimberlin’s ongoing appeal in the Seventh Circuit Court of Appeals attempting to set aside some of his Speedway Bombing convictions. The Gentle Readers who are not familiar with that case may find the TKPOTD for seven years ago today helpful in understanding that case. It cites a court decision related to the revocation of Kimberlin’s parole.
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On June 11, 1980 petitioner was sentenced to four years following his conviction in the United States District Court for the Southern District of Texas for conspiracy to possess with intent to distribute marijuana.
On November 3, 1980 petitioner received a consecutive 12 year sentence following his conviction in the United States District Court for the Southern District of Indiana for possession and illegal use of Department of Defense insignia, illegal use of the Seal of the President of the United States, and impersonation of a federal officer.
On June 4, 1981 petitioner received a consecutive five year sentence following his conviction in the United States District Court for the Southern District of Indiana for receipt of explosives by a convicted felon.
On December 30, 1981 petitioner received a 50-year concurrent sentence from the United States District Court for the Southern District of Indiana for possession of an unregistered destructive device, unlawful manufacturing of a destructive device, malicious damage by means of explosives, and malicious damage by means of explosives involving personal injury. As set forth in his presentence report, during a six day period in September, 1978 eight bombs made of Tovex 200 dynamite were detonated in the Speedway, Indiana area. One bomb, placed in a gym bag in the Speedway High School parking lot, detonated on September 6, 1978, when it was picked up by Carl and Sandra DeLong after a high school football game. Sandra DeLong received permanent nerve damage caused by bomb fragments in her leg. Her husband Carl lost his right leg and two fingers. Carl DeLong received additional injuries to his inner ear, stomach, chest, neck and arm due to bomb fragments, and endured a series of operations. On February 23, 1983 Carl DeLong committed suicide at the age of 44.
On October 23, 1983 a Marion County, Indiana jury awarded $360,000 to Sandra DeLong for her injuries, and $1,250,000 for the wrongful death of Carl DeLong. The Indiana Court of Appeals reversed the wrongful death judgment, holding that Carl DeLong’s suicide was, as a matter of law, an intervening cause. The Supreme Court of Indiana reinstated the wrongful death judgment on June 13, 1994, finding that Carl DeLong’s death “was within the scope of harm intended by Kimberlin’s intentional criminal conduct.”
Sandra DeLong attempted to collect on her judgment by obtaining a writ of attachment against petitioner’s prison commissary account after a United States Probation Officer informed her that petitioner regularly transferred money to someone outside the prison. Petitioner promptly sued Mrs. DeLong, her lawyer, the probation officer, and various Bureau of Prisons and Department of Justice officials for money damages. Petitioner’s action was not successful. See Kimberlin v. U.S. Department of Justice, 788 F.2d 434 (7th Cir.1986).
Kimberlin v. Dewalt, 12 F.Supp.2d 487, 489-490 (D.Md. 1998).
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One of the reason Kimberlin’s parole was revoked was his failure to make restitution to Mrs. Delong.
BTW, even he were to be successful getting his criminal convictions related to the bombings set aside, the civil judgment will still stand. Just as OJ was found responsible for the death of Nicole Simpson, Kimberlin will still responsible for the bombing at Speedway High School that injured the DeLongs.
And he’ll still be a felon because of his perjury and dope smuggling convictions.