Team Kimberlin Post of the Day

The following is from the TKPOTD published four years ago today. That post dealt with a codefendant’s court filing noting that the doctrine of res judicata should require the federal court to dismiss The Dread Deadbeat Pro-Se Kimberlin’s RICO Madness LOLsuit because of his loss in the Kimberlin v. Walker, et al. LOLsuit in state court.

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res_judicata_mugsOf course, one of TDPK’s claims is that I’ve been using my reporting on his activities to raise money by defrauding the Gentle Readers who hit my Tip Jar. He has yet to explain how that injures him. In any event, I’m always thankful for reader support.

You can also support the blog by shopping at The Hogewash Store.

Whichever means you chose, your support helps keep this blog on the air.

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And your support is greatly appreciated!

Dread Pirate #BrettKimberlin, Storyteller

Over the past couple of days, I’ve posted TDPK’s Motion to Dismiss and the accompanying exhibits for the federal Walker v. Kimberlin, et al. civil suit. Let’s do a bit more fisking of his narrative.

<fisking>Let’s examine page 4 of the motion.

These actions by Plaintiff resulted in scores of death threats against Defendant, …

Scores of threats? A score is 20. Scores, plural, would be at least two score or 40. At least 40 death threats? Has one been documented?

… stalkers outside his home, …

Stalkers? Plural? The only one accused was John Norton. The result of that was Mr. Norton not having anything on his record and a peace order against TDPK still standing. Who was “stalking” whom?

… threats to his pre teen daughter and mother, …

Undocumented so far as I know, but, if true, inexcusable.

… and even threats against the District Court Judge and State’s Attorney for Montgomery County.

Threats against a judge or a DA are taken seriously by law enforcement. To date, the official reaction has been … [crickets]

Therefore, Defendant filed a second Peace Order against Mr. Walker. The State’s Attorney, numerous Commissioners, and more than a half dozen District and Circuit Court Judges properly handled all the litigation filed by Defendant in State Court.

Which is why TDPK ended up losing every case.

Defendant’s Peace Orders were approved by the Commissioners as Interim Peace Orders, and by District Judges as Temporary and Final Peace Orders. The first Peace Order was valid for three months and then dismissed by the Circuit Court because Defendant could not prove that Plaintiff would commit another assault

District Court in Maryland can be somewhat informal. Circuit Court adheres strictly to the rules of evidence. Moreover, the appeal of a peace order to Circuit Court results an a trial de novo, a fresh trial with the burden of proof on the petitioner seeking the order. The peace order was quashed simply because TDPK could not prove that it should ever have been issued, i.e., because his complaint was bogus in the first place. TDPK’s case was so weak that Aaron Walker didn’t even offer a defense, and the judge ruled in Mr. Walker’s favor. TDPK appealed the case to the Maryland Court of Appeals (the top court in the state) which declined to hear it. Oh, and as a result of the Circuit Court trial, while the peace order was in force for three months, it was never valid.

The assault charge was nolle prossed by the State’s Attorney, …

After viewing the surveillance video of the altercation and seeing what happened.

… and the second Peace Order was dismissed by the Circuit Court as overbroad since the District Court judge had ordered Plaintiff to stop harassing Defendant online.

No. That’s not what the judge ruled, as anyone with a copy of the transcript can see.

All right. I’ve reviewed the testimony that’s been submitted. I’ve considered the documents that have been submitted by Mr. Kimberlin.

Mr. Kimberlin is requesting a, the issuance of a peace order against Mr. Walker on the basis of harassment and/or stalking. There certainly is no evidence to support stalking. …

Mr. Kimberlin is arguing that the exhibits that have been introduced into evidence constitute harassment, in that this is a course of conduct that alarms or seriously annoys him. …

Based upon everything that I have reviewed, these are blogs and tweets that Mr. Walker has issued that this, I’m not satisfied has been directed directly to Mr. Kimberlin. They’re about Mr. Kimberlin and about his opinion concerning what Mr. Kimbelin has done that impacts him. But I do not find that there is sufficient evidence to support harassment that would permit the issuance of a peace order.

Accordingly, I am going to deny the request for a peace order.

Judge Rupp did not have to rule on whether or not the peace order was unconstitutionally overbroad because he found that, once again, there was no basis for a peace order at all.

Getting back to TDPK …

At no point in any proceeding in the State Court did any judge issue any order or determination that Defendant abused the legal system.

The question was never raised.

In fact, when the Circuit Court judge dismissed the second Peace Order, he specifically rejected Plaintiff’s request for attorney fees.

So what? The motion for fees is pro forma and is almost always denied.

And the State’s Attorney flatly rejected Plaintiff’s false narrative that Defendant was being abusive. Exhibit K.

I may be missing something, but when I went back and read Exhibit K, I couldn’t find any part of it that dealt with the question of whether or not TDPK was abusing the legal system.</fisking>

That takes us through page 4 of 14, and that’s plenty for one sitting.

<mockery>There’s a line from The Princess Bride which the Gentle Reader may remember my using from time to time: “You keep using that word. I do not think it means what you think it means.” Well, as inconceivable as it might seem, TDPK keeps pointing to documents such as Exhibit K and asserting that they mean something other that what they clearly mean. He also tells tales about events that have transcripts which contradict his storytelling. He tried to tell his own tale in his recently shot down appeal of the first peace order discussed above, but it was contradicted by the trial transcript. That didn’t work, but he’s trying the same tactic again in this case.

Let’s see … doing the same thing over again expecting a different result … what’s that the definition of?</mockery>

Nonsense such as found in this motion could possibly rise to the belly-laugh level if it weren’t for the damage TDPK has caused in so many folks’ lives. Justice is taking a while, but she is coming for TDPK and his crew. Meanwhile, we can watch as they try to evade what’s coming.

Stay tuned.

Dread Pirate #BrettKimberlin and False Narratives

TDPK complains about the false narratives being used against him. The following is from the transcript of the 14 November, 2011, damages hearing in the Kimberlin v. Allen case. Q is Seth Allen. A is Brett Kimberlin.

Q Were you released and then sent back to prison for a parole violation, for failure to pay compensation to the, Ms. Delong (phonetic sp.), the wife of Carl Delong, who took his own life after those bombs —

A No.

Q — tore up half his body?

A No, I wasn’t.

Compare that narrative with this from 12 F.Supp.2d 487 (1998) Brett C. KIMBERLIN v. Stephen DEWALT, Warden FCI-Petersburg. No. Civ.A. AW-97-3829. United States District Court, D. Maryland:

On February 10, 1997 the Commission imposed a special condition of parole ordering petitioner to “immediately undertake, in good faith and with all diligent effort, to pay the final civil judgment …” in Kimberlin v. DeLong. Petitioner was further ordered to submit a payment plan for Commission approval and to take no measures to transfer or otherwise dispose of any assets owned or controlled by him without the permission of his probation officer. Because the Knopf payment was the only immediately available source of income or wealth, it was specifically identified, and petitioner was told to direct all future payments from Knopf, Inc. to Sandra DeLong. Petitioner additionally was prohibited from taking any action “that has the effect of delaying or otherwise frustrating the prompt satisfaction by you of any part of this special condition.”

Rather than comply with the special condition, petitioner submitted a directive permitting Knopf to “deposit any monies which would otherwise be due me personally from Knopf (Random House) with Sandra DeLong.” On February 17, 1997 petitioner, who previously had claimed 100% ownership of BKE, Inc. on previous tax returns and appeared to control the corporation’s accounts which he used for personal expenses, first claimed that BKE, Inc. was wholly owned by his sister. Notwithstanding petitioner’s January 25, 1997 claim that $225,000 in “guaranteed income” was due from Knopf, once the special condition was in place, nearly-concluded settlement agreements between Knopf and nine of petitioner’s associates fell apart.

Despite these maneuvers, Mrs. DeLong on April 18, 1997 obtained an order from the Marion County, Indiana Superior Court garnishing the Knopf book money in order to satisfy a judgment which by then amounted to $1,610,000 plus interest and costs. The next day, petitioner notified Mrs. DeLong’s counsel that he would go into bankruptcy unless she settled with him on his terms.[26] One week later Cynthia Kimberlin and her fiancé filed an involuntary bankruptcy proceeding against petitioner in the United States Bankruptcy Court for the District of Maryland. …

Next, petitioner denied any attempt to avoid the special condition and offered to settle with Mrs. DeLong for $30,000. He further contested Officer Ramsburg’s testimony concerning the sudden changes in his financial situation after the February 10, 1997 Notice of Action. The examiner found that petitioner used “deceitful maneuvers to hide his ability to pay” and that his “relatives and friends are obviously acting to help him by filing claims and liens to protect his money and property from being available to satisfy the victim’s judgment.” The examiner further found that the “evidence against [petitioner] was provided by the subject himself,” and that at no time did petitioner “indicate any concern or empathy for the victim.” Finally, the examiner found that petitioner’s settlement offers were not undertaken in good faith; concluded that petitioner had resisted parole supervision by Officer Ramsburg “in every way he can,” and recommended revocation of parole with a presumptive parole date of two years. … Petitioner was taken into custody at the conclusion of the hearing.

On June 27, 1997 the Commission adopted the examiner’s recommendation, revoking petitioner’s parole …

TDPK says that he did not have his parole revoked for failing to pay Mrs. Delong. The records of the federal courts say that he did have his parole revoked for failing to pay Mrs. Delong. Gentle Reader, who do you think is pushing a false narrative?

TDPK was convicted of perjury while he was still a teenager. From what we see above, it looks as if he still is challenged by the truth four decades later.

We will see how the narratives play out on 4 December. I’m betting on Truth winning, and Lies going down. It will be interesting to see how much of TDPK’s creative story telling Judge Potter allows.

Stay tuned.