Team Kimberlin Post of the Day

It was ten years ago today, that I first covered a court hearing involving Brett Kimberlin. It was Aaron Walker’s successful appeal finally overturning the peace order that had be granted by Judge Vaughy. This was one of Kimberlin’s first losses in his failed campaign of lawfare, and it certainly wasn’t the last.

Oh, and since I didn’t say this then, I’ll say it now: Qapla’

Team Kimberlin Post of the Day

In 2015, Brett Kimberlin filed a frivolous peace order petition against me alleging that I had harassed Tetyana Kimberlin’s elder daughter by writing truthful things about him. Two judges denied his petition. Then, Tetyana Kimberlin filed a perjured Application for Statement of Charges against me based on the same false claims. The State’s Attorney’s Office dropped the charges. If there wasn’t sufficient evidence to support a peace order which only requires proof to a preponderance of the evidence, a criminal case requiring proof beyond a reasonable doubt was a waste of time and resources.

Seven years ago today, I used the TKPOTD to suggest that it would be good for certain parties to recant defamatory remarks they had made.

* * * * *

Now that the frivolous peace order and false criminal charge related to harassing a minor child have both been disposed of, I want to encourage those who wrote and/or published defamatory articles or comments about me to retract their statements and apologize for them.

* * * * *

My advice was ignored, so I began taking corrective action.

I’m not done with them yet.

Team Kimberlin Post of the Day

Today is the seventh anniversary of the Circuit Court for Montgomery County upholding the denial of the the peace order petition Brett Kimberlin filed against me on behalf of Tetyana Kimberlin’s elder daughter alleging that I was harassing her by reporting truthful information about Brett Kimberlin’s past and present activities.

Qapla’

Team Kimberlin Post of the Day

Today is the seventh anniversary of a hearing the peace order petition which Brett Kimberlin filed against me on behalf of his wife’s elder daughter. During the evening following the hearing, I posted this about Today in Court: #BrettKimberlin’s Case.

The post refers to Kimberlin’s inability to testify because of a perjury conviction. At the time of the hearing, Maryland was the last state which banned convicted perjurers from testifying in court. During the next session of the legislature after this hearing, the state senator representing the district where Kimberlin lives introduced legislation to end the ban on perjurers testifying. The bill passed, and the ban was repealed.

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I’m going to do my writeup of today’s peace order hearing two parts. The first will deal with what happened before the lunch break while Brett Kimberlin was putting on his case. A second post will deal with my response. For a more detailed legal analysis of the case, check out Aaron Walker’s post.

As a preliminary matter, my lawyer raised the issue of Kimberlin being unable to testify in a Maryland court because of his previous perjury conviction. The back-and-forth over that burned up about ten or fifteen minutes and ended with Judge Williams ruling that Kimberlin could not testify.

Kimberlin made an opening statement outlining what he planned to prove with the evidence and testimony of others. During that opening statement he told several lies. One was that I attended a hearing relating to a mental health petition he had filed against his wife. I did not. On 9 July, 2013, I attended a hearing which dealt with protective orders that the Kimberlins had filed against each other. At the end of that hearing, Mrs. Kimberlin was detained. I left the courtroom while she was still in handcuffs but later found out that she was held because of a surprise mental health petition Kimberlin had filed. The judge released her and denied the petition within a few minutes.

Kimberlin also lied by claiming that I had approached his wife and offered her “things of value.” In fact, our first contact came when she approached me in a restaurant while I was waiting to meet someone else. While I was among a group of people who offered her assistance and paid for a lawyer to represent her in a hearing, I didn’t offer her anything of value to do anything for me or at my direction.

Kimberlin also said during his opening statement that I am “Paul Krendler.” I am not.

Kimberlin then called his first witness—Aaron Walker. Aaron’s testimony did not go well for the Petitioner. Aaron wound up testifying about the various claims of defamation that Kimberlin had made in the Kimberlin v. Walker, et al. nuisance lawsuit and the fact that my codefendants and I won the case on summary judgments and directed verdicts.

Next, Kimberlin called his daughter, the nominal petitioner, to the stand. She testified that she had been bullied at school and that when she had changed schools, her fellow students had googled her and found out about her father and ostracized her. Kimberlin tried to bring in the issue of his being called a pedophile through her testimony. At that point, the hearing had been going on for an hour, mostly because of non-germane points Kimberlin kept raising. The judge had had enough. He told Kimberlin—

I’ve given you some latitude. That. Is. Done.

Kimberlin rested his case, and the judge ordered a lunch break.

Stay tuned for Part Two.

* * * * *

Spoiler Alert: The peace order petition was denied.

Team Kimberlin Post of the Day

I started writing about Brett Kimberlin’s vain attempts to use pro se lawfare to silence his perceived enemies in late May, 2012. By the end of summer that year, it was becoming obvious that his efforts were not going to be successful whenever they were opposed with proper legal support. Indeed, one of his peace order efforts backfired, and I wrote about it nine years ago today in this post titled #BrettKimberlin Hoist on His Own Petard.

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When Brett Kimberlin went to court on Wednesday, he came out the loser. He had started the ball rolling by seeking a peace order against John Norton. At the end of the process, John Norton was free and clear, but Brett Kimberlin still had the peace order filed by Mr. Norton against him on the books. The expression hoist by his own petard comes to mind, and it fits especially well in this case.

You see, a petard is an explosive charge used to breach the gate or wall of a fortification. Back in the 16th and 17th centuries, a sapper would run up to the enemy wall, attach the bomb, and run away. If the petard’s fuze burned too quickly, the sapper could wind up flying through the air, thrown by the force of the blast—hoist by his own petard.

If the shoe fits, …

Tick, tick, tick, tick, …

* * * * *

Blow ups happen.

BTW, the Government’s opposition brief is due next week in Kimberlin’s appeal of the denial of his attempt to have some of his Speedway Bombing convictions set aside. His reply brief is due in October.

Stay tuned.

Team Kimberlin Post of the Day

Just like all the other members of Team Kimberlin, Neal Rauhauser is a failure. He’s the author of the pro se litigation scheme that backfired so wonderfully against both Kimberlin and Schmalfeldt. While he had some short-term success doing social engineering for leftwing organizations, almost everything he has touched turned to lead instead of gold.

One of Rauhauser’s failed projects was a plot to get bloggers who were writing about Team Kimberlin thrown off of Twitter. His plan wasn’t well thought out and was poorly executed. It led to this post from eight years ago today which asked “Is #NealRauhauser Buying His Plans From Acme?

* * * * *

Neal Rauhauser has tipped his hand on his formerly sooooper seekrit plan to get a bunch nefarious right wing nut jobs (including me) off of Twitter. He’s been recording and archiving our “offending” tweets. He taken my name 1861 times so far which amounts to just over 1/3 of the total bad tweets he’s logged.

I feel like such a slacker.

Stacy McCain LOLs about Neal’s silliness here.

UPDATE—Neal’s list was supposed to inspire “panic” and cause “massive deletions.”

Uh, huh.

He panicked and deleted his list within a few hours.

LOL.

* * * * *

Rauhauser’s idea about using false accusations of targeted abuse did achieve a temporary bit of success a couple of years later when I was permanently banned from Twitter for targeted abuse. The ban was based on false accusations made by Brett Kimberlin when he filed a peace order petition against me in the name of his wife’s elder daughter. When the peace order petition was denied and denied again on appeal, the Kimberlin’s filed a false criminal complaint alleging the same set of facts. Because the facts couldn’t be proved to the preponderance of evidence standard for the peace order, there was no way the evidence could lead to a conviction under the higher standard required for a criminal case, the State’s Attorney quickly dropped the charge.

A few days after the charge was dropped, Twitter contacted me and offered me my account back. I’ve been back without issues for over six years, and Twitter is not as careless about what they say about suspended accounts or to whom they say it.

Team Kimberlin Post of the Day

It was nine years ago today that Judge Rupp ruled that nothing Aaron Walker had done, said, or written fell under the Maryland statutes relating to harassment, stalking, or Peace Orders. Therefore, there was no basis for the peace order Brett Kimberlin had sought against Aaron, and the order was overturned by the Circuit Court.

Kimberlin should have cut his losses at that point.

He didn’t, and things have not gone well for him since.

Team Kimberlin Post of the Day

Maybe it’s a Montgomery County thing to try to have someone arrested on a false charge of violating a peace order. It was nine years ago yesterday that Brett Kimberlin’s false complaint cause Aaron Walker to be arrested, booked, and jailed for a few hours. Nine years ago today, I posted this: Aaron Walker’s Arrest—Early Edition.

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Patterico has a good analysis which untangles some of the gnarly mess of the reporting about yesterday’s farce. Read it. All the way through. At the end, he recommends reading David Hogberg’s eye witness report of the hearing.

Brett Kimberlin and his allies are acting as if they have a winning strategy. He was lucky yesterday to draw an elderly judge who doesn’t seem to understand the Internet, blogging, or social media. I doubt that his luck will hold out. IANAL, but it looks as if Walker should prevail on appeal. We need to support him and the other bloggers being abused by Kimberlin and his friends.

The donation web site is here. [Expired link.]

UPDATE–Glenn Reynolds (JD, Yale, 1985) notes:

Walker also made a major error by representing himself. No lawyer should do that in anything more than a minor traffic offense. This goes double for Yale Law grads. . . .

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Judge Vaughey was not only overruled on appeal, he wound up being reprimanded by the Commission of Judicial Disabilities.

And Kimberlin has lost all of this anti-free-speech LOLsuits and all his appeals since 2012.

Team Kimberlin Post of the Day

On Friday the 13th of May, 2016, William Ferguson (one of the minor members of Team Kimberlin) tweeted that the Hoge v. Kimberlin lawsuit would be coming to an end on the following Monday.

On the next Monday, The Dread Deadbeat Publisher Kimberlin’s Breitbart Unmasked Bunny Boy Unread website published a post titled Why Should A Judge Believe Anything William Hoge Says?. As of 9:30 pm ET last night, the post was still partially intact. It contains this sentence—

Embedded above is newly-obtained audio of that hearing which reinforces our reporting — and snuffs out any hope for further denials.

The audio that was embedded in the original version was from courtroom audio CD of the 2015 Kimberlin v. Hoge peace order hearing in the Circuit Court for Montgomery County. It was a brief out-of-context remark made by the judge as she was denying the peace order petition.

Five years ago today, I posted Some Maryland Court Audio CDs in response.

* * * * *

I’ll just leave these right here—CourtAudioCDs

* * * * *

It wasn’t long before the embedded audio disappeared.

Team Kimberlin Post of the Day

Today is the sixth anniversary of my first Qapla’ post.

* * * * *

The Kimberlin v. Hoge peace order petition was denied.

Brett Kimberlin was not allowed to testify. He was also not allowed to represent his daughter.

UPDATE—Aaron Walker was present during this morning’s trial and has his report of it here.

* * * * *

Kimberlin wasn’t allowed to testify because at the time Maryland was the last remaining state to ban testimony by convicted perjurers. The state senator representing the district in which Kimberlin lives subsequently introduced legislation repealing the ban. After it passed, Kimberlin discovered that he could no longer avoid being cross examined in court.

Watching the Dust Settle

Last Friday, Rebekah Jones saw her bogus peace order petition against Christina Pushaw go down in flames for lack of evidence. As of noon today, the false criminal complaint against Ms. Pushaw for violating the interim peace order had not yet been dropped. It could take a few days for the Montgomery County State’s Attorney’s Office to nolle prosse the case. I’ve got Wednesday afternoon on the calendar in the break area, and there are still some squares left in the pool.

Of course, Jones has the right to appeal the denial to the Circuit Court. If she does, there will be a trial de novo. She says she intends to have a lawyer and two tech experts with her for the appeal. As I’ve noted before, if Jones has legal counsel, it would be wise for her to review her online tweets and posts since the beginning of April with her lawyer to determine which she should take down and apologize for.

The ram hasn’t touched the wall. Yet.

One of Us is Wrong

Rebekah Jones tweeted this at 12:29 ET yesterday afternoon—Note: The system clock on my computer is set to Coordinated Universal Time which is 4 hours ahead of Eastern Time.

At 3:53 ET, I tweeted—Jones responded by blocking me on Twitter. Of course, that doesn’t prevent me from viewing her account by simply logging out of my Twitter account and revisiting the site. As of the last time I checked, her 12:29 pm tweet was still posted, and it didn’t appear that she had posted any subsequent correction.

Jones has also tweeted that she plans to appeal the denial of the peace order petition, mentioning that she intends to bring a lawyer and two tech experts to the appeal. It would be wise for her to review the posts and tweets she has made since 7 April with her lawyer and get advice about which of them to take down and offer apologies for.

The ram hasn’t touched the wall. Yet.

Another Tall Tale?

Rebekah Jones tweeted this yesterday—I doubt that Christina Pushaw has tweeted 254 times about Jones since the interim peace order was issued on 7 April.

Furthermore, I doubt that the Montgomery County Police have dedicated the necessary resources to tracking all of the various Twitter accounts that Jones claims to be operated by Ms. Pushaw. Based on my experience as both a complainant and a defendant in Maryland peace order cases, it seems more likely that Jones has complained to the police about 254 tweets she imagines originated from Ms. Pushaw than than the police reported that number to her.

I have received a CD of the courtroom audio from the temporary peace order hearing. During the hearing, the judge told Jones that she could file an additional complaint if she had evidence of further violations. After the hearing, she left the building without stopping by the Commissioner’s Office to file. There are no additional cases shown in the Maryland Judiciary Case Search. The existing criminal case is for violation of the interim order. If the police have evidence of a violation temporary order, they should have filed a second case.

Even if someone were writing about Jones with respect to her Florida or Maryland legal cases, the Maryland harassment statute specifically exempts “a peaceable activity intended to express a political view or provide information to others.” Jones has raised questions about how politics may be affecting public health. She’s triggered a robust discussion of her claims and her qualifications to make them. Jones may not find it flattering, but it isn’t harassment to publish documented reporting about her and her previous activities.

In 2012, a District Court Judge in Montgomery County granted a peace order with an unconstitutional gag order attached based on a similar complaint. The order was overturned on appeal, and the judge was reprimanded by the Maryland Commission of Judicial Disabilities. In 2015, I was the respondent in a similar case. The District Court dismissed that petition, and the Circuit Court upheld the dismissal on appeal. The related criminal complaint was dismissed for lack of evidence.

During my cases, my Twitter accounts were suspended. This isn’t the place to go through all the details, but I seem to be back on Twitter, and Twitter has been more careful about such cases ever since. That may be why they haven’t suspended any accounts yet.

Another False Report

Rebekah Jones appears to have difficulty reporting facts accurately. She posted this about Christina Pushaw on her Substack account on 22 March— Here are some of the “alt-right” sources Ms. Pushaw links to in her Human Events article—

Becker’s Hospital Review
NPR
CBS News
The Daily Beast
The Verge
The Washington Post
Gizmodo
Rebekah Jones

Hmmmmm.

A False Report

On 9 April, Rebekah Jones wrote this about Christina Pushaw on her Substack account—No Maryland court has ever found that Ms. Pushaw stalked or harassed Jones. Here’s what has really happened thus far—

Jones went to a District Court Commissioner after normal business hours and filed a petition for a peace order. The Commissioner screened the petition to determine if it should be forwarded to a judge for further evaluation. Because a judge wasn’t available, the Commissioner issued an interim order. That was not a finding that stalking or harassment had occurred; it was a determination that if what Jones claimed were true, she might be entitled to a peace order. Two days later, a judge heard Jones’ claims during an ex parte hearing (one where only one party is present). The judge found that if what Jones claimed were true, she might be entitled to a peace order, so he issued a temporary order to be in place until a hearing could be held during which Jones would be required to actually prove her claims. That hearing hasn’t occurred, and it won’t happen until after Ms. Pushaw has been served with a copy of the petition. No final order has been issued. There has been no finding of harassment or stalking. Jones’ statement is false.

Also, Ms. Pushaw is not a “wanted criminal.” A few hours after the interim order was issued, Jones filed a complaint that Ms. Pushaw had violated that order. Based on a determination that if what Jones claimed were true probable cause might exist that a crime had been committed, a District Court Commissioner issued a summons to Ms. Pushaw to appear before a judge. A summons isn’t an arrest warrant.

IANAL, but every lawyer with whom I’ve discussed this case has told me that because Ms. Pushaw had not been severed with a copy of the interim order, the summons should not have been issued. Based on my experience as a victim of a couple of false criminal charges in Montgomery County, I suspect that the State’s Attorney’s Office will drop the case for lack of evidence before the hearing scheduled on 10 May.

Perhaps, Jones is confused by Maryland’s legal procedures. After all, they’re not exactly the same as Florida’s where the stalking case against her is pending.

The Gentle Reader may form his own opinion.

Rebekah Jones, 2017 and 2018

Yesterday, we began a slog through Rebekah Jones’ civil and criminal court records. Today, we’ll move from Louisiana cases to Florida court records.

After Jones was fired from LSU, she entered a PhD program in geography at Florida State University. She also was a university employee. She was fired after a Title IX investigation found her responsible for having an inappropriate relationship with an undergraduate student (Garrett Sweeterman) and for stalking and harassing him after he ended the relationship. [Gentle Reader, think about it: a Title IX investigation that came out in favor of the male. How rare is that?] Shortly after she was fired, she was suspended from the doctoral program. She was subsequently banned from the FSU campus.

The records in Leon County, Florida, show that on 16 October, 2017, Jones was charged with Criminal Mischief because of damage she did to Mr. Sweeterman’s car (Case ID: 2017 MM 003464 A001). Four days later, a temporary restraining order was issued against Jones protecting Sweeterman from stalking (2017 DR 003492). A week later, Jones attempted to retaliate against Sweeterman by seeking an “dating violence” injunction, but her petition was dismissed (2017 DR 003573).

On 2 March, 2018, Jones was arrested for violating a domestic violence injunction protecting Sweeterman which required her not to be within 500 ft of FSU or his residence or place of employment and to take her medications as required. Two weeks later, she filed another petition for another “dating violence” injunction (2018 DR 000736) which was denied. The case file for her 2 March arrest (2018 CF 000798 A) shows three charges: Violation of a Domestic Violence Injunction, Trespassing, and Robbery by Sudden Snatching. The case was eventually dropped.

Jones got busier during 2019. It may take a couple of days to work through all the cases.

Meanwhile, my podcasting partner Stacy McCain is writing about Rebekah Jones too, and he’s proposing that Thursday should be Everybody Blog About Rebekah Jones Day. I endorse the idea and plan to participate.

Stay tuned.

Brett Kimberlin 2.0?

One of the tactics that Brett Kimberlin used against his wife when they were estranged and engaging in dueling peace orders was to file a psych evaluation petition against her so that she would be taken into custody when she appeared for a court hearing. It looks as if Rebekah Jones has taken from page out of Kimberlin’s playbook. Wednesday, she applied for a peace order against Christian Pushaw, and on Thursday, before Ms. Pushaw could have been served with the interim peace order, Jones filed an Application for Statement of Charges claiming that Ms. Pushaw had violated the order. This makes it possible that she would be arrested if she showed up in court to defend herself.

I knew this was had a familiar stench about it. This kind of lawfare to suppress free speech needs to be exposed. I’ll keep a close watch on this case.

Stay tuned.

UPDATE—While researching entries related to Jones in the Leon County, Florida, online court records, I found that she was also the pro se plaintiff in an unsuccessful defamation lawsuit.

This post at NRO touches on her criminal record.

Hmmmm.

Crazy People Are Dangerous™

This appeared in my Twitter timeline——and it set me off researching the case. The Gentle Reader who had followed Hogewash! for a while probably has a good idea of why this case looked familiar to me. (Hints: Brett Kimberlin, Deb Frisch)

Rebekah Jones was fired from the Florida Department of Health. On 16 January, 2021, an arrest warrant was issued for Jones by the Florida Department of Law Enforcement claiming she illegally breached state data systems. She is currently under pre-trial supervision for that charge. It appears that she may be also awaiting trial on a stalking charge as well.

Christina Pushaw is a freelance writer who has written about the Rebekah Jones case for Human Events. Her article appears to be accurate, but Jones, who has recently moved to Maryland, is seeking a peace order against Ms. Pushaw, attempting to use the Maryland peace order statue to suppress Ms. Pushaw’s First Amendment free speech and free press rights.

I spoke with Ms. Pushaw earlier today and have offered her whatever assistance I can provide. I’ll be covering this case as it progresses.

Stay tuned.

Team Kimberlin Post of the Day

Brett Kimberlin thought that he could use discovery in his LOLsuits to dig up dirt on his perceived enemies. His plan backfired when the opposing parties used discovery to go after him. The TKPOTD for four years ago today dealt with one of the Kimberlins’ attempts to weasel out of discovery in order to avoid being caught in lies and forgery.

* * * * *

When Brett Kimberlin handed me his deficient answers to my requests for production of documents during his contempt hearing in the Hoge v. Kimberlin, et al. lawsuit on the 17th, he also delivered Tetyana Kimberlin’s answers to the interrogatories I propounded to her back in February. Her answers were also deficient, so I filed this motion last Monday.

The boilerplate statement about no comment till the court rules applies to this motion as well.

* * * * *

The signature on the motion to seal mentioned in Interrogatory 8 which is alleged to be Tetyana Kimberlin’s does not match her signatures on other documents she is known to have signed. The signature shows characteristics of being made by a left-handed person. Tetyana Kimberlin is right-handed. Brett Kimberlin is left-handed.

Team Kimberlin Post of the Day

Not all the threats from Team Kimberlin have been idle, but some weren’t carried through quickly. For example, the threat of filing a false criminal complaint for the imaginary cyberstalking of Tetyana Kimberlin’s elder daughter didn’t occur on the time table published on Breitbart Unmasked. The TKPOTD for six years ago today took notice of the original failure to follow through on that threat.

* * * * *

I thought that Bunny Boy over at Breitbart Unmasked said that I should expect criminal charges to be filed for my alleged perjury last Friday. I thought he said something about them coming last Monday.

I checked the Maryland Judiciary Case Search database at 9:00 pm last night.

[crickets]

popcorn4bkMeanwhile, pushback has already started in The Dread Pro-Se Kimberlin’s RICO2 suit against Team Themis, et al., and. later today, I’ll be mailing my motion to dismiss the Cabin Boy’s™ latest Schmalfeldt v. Hoge, et al. nuisance lawsuit.

What with discovery in Kimberlin v. Frey and other thing that are afoot, there’s lots more legal paperwork headed Team Kimberlin’s way.

Stay tuned.

* * * * *

The false complaint wasn’t filed until after The Dread Deadbeat Pro-Se Kimberlin lost the appeal of his bogus peace order petition in Circuit Court. Of course, the State’s Attorney dropped the charge because there was no evidence to support it.

TDPK should have left well enough alone. He didn’t, and that decision was and continues to be costly for him.

Team Kimberlin Post of the Day

Brett Kimberlin’s use of lawfare was part of a larger campaign to try to prevent the public from learning the true nature of this past and current activities. Other parts of the campaign included the use of cyberharassment targeting Kimberlin’s perceived enemies, and the use websites, principally Breitbart Unmasked, to spread lies about those perceived enemies. Six years ago, BU was in the middle of smear campaign aimed at me. This post, Breitbart Unmasked and Topsy Tweets, was about Matt Osborne’s use of forged tweets. It ran six years ago today. The Topsy website was a now-defunct search engine for Twitter.

* * * * *

Breitbart Unmasked has published an article with Matt Osborne’s byline that states that I committed perjury during the Kimberlin peace order hearing last Friday. The facts debunking that claim have been laid out here and here. There’s one more bit of information that the Gentle Reader should know.

On 29 August, 2013, Breitbart Unmasked published an article with a byline of “Xenophon” titled LEE STRANAHAN AND AARON WALKER SMEAR A TEENAGER’S FAMILY AND TRY TO SNUFF OUT HER CAREER. Osborne has admitted that he used that byline at BU during that period. That article contains the following block quote from Twitter:BU20130829Given that the “proof” of my alleged perjury was the “fact” that I has sent the “Brett Kimberlin uses news story …” tweet that Lee Stranahan actually sent and given that Osborne included the original proper version in his earlier BU article, it is reasonable to conclude that his erroneous reporting is the result of a reckless disregard for the truth.

I demand retraction of and apology for all false statements published by Breitbart Unmasked concerning me and any matters related to the Kimberlin peace order.

UPDATE—The 29 August, 2013, Breitbart Unmasked article has been taken down from the BU site, but it is available on the Wayback Machine. Additionally, the entire BU site has been routinely backed up offline, and I have the original html code for the post in hand.

* * * * *

Not only are they liars, they’re stupidly, clumsy liars.

Team Kimberlin Post of the Day

Brett Kimberlin is a perjurer. He was convicted of perjury before he turned 20, and he has continued to make false statements under oath. In January, 2013, I ran a series of post dealing with the lies he told in court during the the early days of his lawfare campaign. The post from eight years ago today was Dread Pirate #BrettKimberlin and Perjury 10.

* * * * *

On 29 June, 2012, there was a hearing in Montgomery County District Court for a peace order petition that TDPK had filed against one John Norton. Brett Kimberlin was in his usual form. While I don’t have an official transcript of the hearing, Aaron Walker has transcribed portions from audio that he obtained from the court.

TDPK claimed that Mr. Norton had been lurking in the bushes in front of the Kimberlin residence. In the transcript below K is Brett Kimberlin and J is the judge. TDPK said that he was going to pick up his 8 year old daughter from a neighbor’s house—

K: And so I walked out of my door, to go pick her up, and I see a man lurking behind the bushes in the corner of my property and I was kind of taken aback by it. But I kept walking toward my car because I had to pick my daughter up.

J: Now was that in the general direction of where the man was in the bushes or in the opposite?

K: The man was facing the road, the— to the left of the— on the left side of my house there’s some bushes towards the road and my car was right in front of my house.

Lurking in the bushes? As I type this, I’m looking at the Google Street View image of the Kimberlin residence. Looking from the street, there’s a small shrub that appears to actually be on the property next door by the neighbor’s driveway. It’s “on the left” as seen from that point of view. There’s also a even smaller shrub at the opposite front corner of the Kimberlin lot. It appears to be about as tall as the fire hydrant in front of it. I’m not sure how one would lurk in those bushes.

K: And so I turn around, obviously I was concerned about my daughter. You know, I didn’t know if anything had happened to her, I was scared, so I turned around and I went to the neighbor’s house. She was right there in front of the house. I put her in the car and Mr. Norton is driving away, and so I—

J: Have you ever seen this man before?

K: Never seen him before in my life.

J: Every seen the car before?

K: Never seen the car before.

J: Alright.

K: So I followed the car, and went around the corner, and there was a stop light. I pull up behind him and he’s… again it’s a convertible, and he reaches around with a camera, again, and takes more pictures of me. I gave him the finger, I admit it, you know, I don’t like a guy coming out in front of my house taking pictures of me and my kid.

He’s concerned that this lurker might be dangerous, so he puts his daughter in the car and chases after the guy.

Uh, huh.

So what was Mr. Norton’s side of the story? In the transcript below N is John Norton and L is his lawyer.

L: Did there come a time when you ended up coming into contact with Mr. Kimberlin?

N: Not any physical contact, but he did chase me down in his car, the picture he showed, shows him behind me, flipping me off. I don’t know why he chose to chase me down. I was not on his property, I have stopped my car on [Kimberlin’s street name omitted].

L: What brings you on [Kimberlin’s street]?

N: It is a bail out route on my commute.

L: And where is your commute?

N: I commute between Bethesda, Maryland, and Fairfax, Virginia.

Chased him down?

L: And on June… what’s the date here? June 15, is it? June 15, you said, what brought your attention— what caused you to take out your phone and take a picture of the car behind you?

N: When I was on River Road, I saw what turned out to be Mr. Kimberlin’s car driving erratically, cutting in and out of lanes, trying to catch up to me, tailgating me. We reached the stoplight at River and Burdette, he pulled up… you can see how close in the picture, how close it was. He… he pulled out a pen and [unintelligible] furiously scribbingly as if he wanted me to know he was writing something down, he was revving the engine in his car, and for me, I thought, “some crazy person is chasing me down, I need some evidence, I need some protection.” So I picked up my phone and shot about seven seconds of video, from which the picture of him flipping me off was taken as a framegrab.

TDPK claimed that he was freaked out when Seth Allen reposted the picture of him flipping off Mr. Norton.

K: The picture of my car, that was posted on the internet by the client of the man that I had the peace order against. So I get kind of freaked out that, you know, this guy is somehow related to the guy who I had a peace order against, Mr. Walker.

Note that Mr. Allen could not have posted the photo before or during TDPK’s chase of Mr. Norton. In any case, Mr. Norton had no association with either Mr. Allen or Mr. Walker.

L: Now, are you associated with Aaron Walker, any [sic]?

N: I am not.

L: Okay. And, did you go to his house on June 15, to take pictures, get out of your car and take pictures?

N: I did not go to Mr. Kimberlin’s house. I did not get out of my car. I did not take pictures at his house.

L: Alright. And what caused you to post the picture of Mr. Kimberlin flipping you off on the internet?

N: Well, first of all, for protection to make sure that it was publicized, that someone had chased me down and was flipping me off. And also, honestly, I thought it was kind of funny.

We have two different stories. One is told by a reputable citizen with nothing more that traffic tickets on his record, and that story is corroborated, at least in part, by other evidence. The other is told by a convicted felon, one of who’s crimes is perjury, and that story is contradicted by other evidence. Who would you believe?

So we have the records of nine appearances before judges in Montgomery County, and each appearance has something hinky about TDPK’s testimony. Some of his tales are, perhaps, merely flakey. Some are clearly false, but the State’s Attorney has given TDPK a free pass.

John McCarthy has not yet answered the letter I sent him asking about his decisions to refrain from prosecuting Brett Kimberlin for perjury. Fine. I’m not one of his constituents. Maybe he will have to explain his decision in 2014 when he’s up for reelection.

UPDATE–Spelling error corrected. @&#$ing autocorrect.

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Lying liars gotta lie.

BTW, in 2016, a District Court Commission found probable cause to charge Kimberlin with perjury for statements made in the Walker v. Kimberlin, et al. lawsuit, but once again, the Montgomery County State’s Attorney’s Office dropped the charge.

Team Kimberlin Post of the Day

It seems that whenever their lips are moving or their finger are touching a keyboard, the members of Team Kimberlin are lying. This Prevarication Du Jour from six years ago today dealt with several lies.

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Remember so long, long ago—way back yesterday—when the Cabin Boy™ announced that he was leaving the Interwebz for good? Well, just when you thought it was safe to get back onto Twitter …CBPR201411142230Z

Some of us don’t know that Patrick Grady didn’t come to Maryland because we saw him here today. I saw him when we left BWI airport together just after midnight this morning. I saw him again at Einstein Bros. while we had bagels for brunch. I saw him at the Howard County District Courthouse this afternoon. So did Deputy Sheriff Mays, who served the formal paperwork for The Dreadful Pro-Se Schmalfeldt’s peace order petition. (Deputy Mays signature is on the return of service paperwork.) So did Judge Mary Reese, before whom Mr. Grady appeared this afternoon.

Of course, there’s also the paperwork trail of a ticket from Midway to BWI on Southwest, the receipt for lodging at the Holiday Inn, and the court order he received when the case was dismissed.

#LyingLoser

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Those pesky facts keep getting the the way of The Narrative.