For several weeks Bill Schmalfeldt bloviated about how he was going to win a default judgment in LOLsuit VI: The Undiscovered Krendler only to discover that the defendants had retained counsel who filed timely motions to dismiss the case. He seemed particularly worried when he found out Aaron Walker was the lawyer who had taken the case. The Cabin Boy™ quickly filed a rather silly motion seeking to have Aaron disqualified from the case. Among the massively wrong-headed exhibits filed with that motion was a declaration by Brett Kimberlin. This post, Brett Kimberlin “Misstates the Facts”, ran five years ago today.
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I see that the Cabin Boy™ has posted the six exhibits attached to his motion to disqualify Aaron Walker as defense counsel in LOLsuit VI: The Undiscovered Krendler. This is the first in a series of posts evaluating the quality of his evidence. It seems that The Dreadful Pro-Se Schmalfeldt is in full panic mode now that his plans for an easy default judgment have evaporated. His motion and its exhibits have the look of a half-baked attempt to smear Aaron Walker in the eyes of Judge Joseph. Nothing in the motion is germane to the case.
Exhibit 1 is a declaration under penalty of perjury by Brett Kimberlin. Here it is as posted by the Cabin Boy™. (Note: I have not redacted anything. I figure if Schmalfeldt put it online and published a link to it, then Kimberlin can discuss any lack of redaction with him.)
We’ll go paragraph by paragraph.
1. According to Aaron, he did not meet Kimberlin until 9 January, 2012. That was the date the mythical assault allegedly occurred. Kimberlin sought a peace order based on his alleged assault and harassment, but the judge who issued the order found that no assault occurred and issued it based on harassment only. Additionally, the order was overturned on appeal. Thus, Kimberlin should be collaterally estopped from making that allegation again, but he keeps trying to recycle it. Further, one of the things he sued Aaron about in the Kimberlin v. Walker, et al. nuisance LOLsuit was Aaron’s claim that Kimberlin tried to frame him for the assault. Aaron won that suit. Thus, Kimberlin is also barred from making this assault claim by res judicata.
2. Kimberlin also claimed in Kimberlin v. Walker, et al. and in Kimberlin v. National Bloggers Club, et al. (II) that Aaron defamed him when Aaron told his side of the story of his firing after Kimberlin contacted his employer. Brett lost both suits. That’s a double helping of res judicata. Also, Brett spun his tale of how Aaron’s firing allegedly occurred by selectively publishing emails obtained in sealed discovery.
3. Frivolous criminal charges? There’s photographic evidence, some of which was published on Breitbart Unmasked, that documents Kimberlin’s stalking of Mrs. Walker. Also, not every lawsuit filed against Kimberlin has been dismissed. The Walker v. Kimberlin, et al. suit is alive and well and is headed for a motions hearing on the 10th. A five year campaign? 2016 – 2012 = 4.
4. Aaron Walker has never prepared a motion or other court paper that I have submitted to any court.
5. Brett sued Aaron for defamation concerning what Aaron wrote about pedophilia and terrorism, and Brett lost.
6. What documents? When has Aaron ever lied under oath? Put up or shut up.
7. Tetyana Kimberlin sought help during her domestic problems with her husband in 2013. Aaron offered her pro bono assistance until Zoa Barnes was hired as her attorney. The false claim that Aaron has harassed Tetyana’s older daughter was examined by the Montgomery County State’s Attorney’s Office when the Grace’s Law charge was filed last year. They dropped the charge for lack of evidence.
I’m an engineer not a lawyer. “Misstating the facts” is lawyer speak for what we engineers call lying. Brett Kimberlin is a liar.
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I should clarify point 4 above. It was true at the time I wrote the original post. Subsequently, I hired Aaron to represent me in a matter before the Fourth Circuit Court of Appeals. He filed several motions and other papers on my behalf in the course of his winning the case for me.