Team Kimberlin Post of the Day

It was Neal Rauhauser who floated the idea that pro se litigation could be used to harass and cower Brett Kimberlin’s perceived enemies.

[T]he potential for a pro se litigant to force them into expensive, long distance, lengthy, discovery laden litigation doesn’t seem to cross their minds. The reality of travel, or frightful expenses, or summary judgments needs to be made real. We probably need to make a very visible example of at least one of them before the rest understand.

—Neal Rauhauser

This idea appears to have stimulated The Dread Deadbeat Pro-Se Kimberlin’s delusions of adequacy, and he began to threaten bloggers.

I have filed over a hundred lawsuits and another one will be no sweat for me. On the other hand, it will cost you a lot of time and money.

—Brett Kimberlin

Both Brett Kimberlin and Bill Schmalfeldt tried their hands at pro se litigation. It took them a while, but they seemed to have learned the reality of travel, frightful expenses, and summary judgments. And Hogewash! has been a part of making a visible example of them.

I’m not done with them yet.

Team Kimberlin Post of the Day

Yesterday, Hogewash! reported that the Court of Appeals for the Seventh Circuit had denied Brett Kimberlin’s remaining Speedway Bombing appeal.

Speaking of failed appeals, the TKPOTD for seven years ago today dealt with another of The Dread Deadbeat Pro-Se Kimberlin’s appeals.

* * * * *

The Dread Pro-Se Kimberlin mailed his informal brief in his appeal of the RICO Madness LOLsuit to the Fourth Circuit Court of Appeals on the last day allowed for it to arrive in Richmond. The Court will probably accept his brief anyway.

Aaron Walker has a copy posted over at Allergic to Bull.

popcorn4bkI got a hold of a copy this afternoon and have managed to stop laughing long enough to write a first draft of my informal reply. I’ll review and edit it for a few days before filing it. Meanwhile, I don’t have any further comment on TDPK’s filing until after the Court decides whether or not to let the appeal go forward.

Stay tuned.

* * * * *

Kimberlin has said he has a pro bono lawyer to represent him in a certiorari petition to the Supreme Court for a further appeal of the case the Seventh Circuit denied in March. There’s nothing on the Supreme Court’s docket yet, but he has several weeks before time to file runs out. I’ll keep watch.

Stay tuned.

Team Kimberlin Post of the Day

Almost 40 years after Brett Kimberlin’s convictions in the Speedway Bombing case, he moved for DNA testing of some hair samples presented at one of his trials. His motion was untimely, and the District Court denied his motion. Yesterday, the Seventh Circuit Court of Appeals affirmed the District Court’s denial.

The money quotes—

We need not resolve the question how this interpretation of § 3600A interacts with § 3600(a)—both are part of the Innocence Protection Act of 2004—because another basis exists upon which this appeal may be decided—untimeliness.

—and—

We have considered Kimberlin’s remaining arguments, and none has merit.

And so The Deadbeat Pro-Se Kimberlin maintains a perfect 0.000 batting average this century in the courts of appeal.

Team Kimberlin Post of the Day

The real underlying basis for Brett Kimberlin’s campaign of lawfare against people reporting truthful things about him and his activities was his butthurt over being exposed for who he is. The TKPOTD for eight years ago offered him some relief.

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PreparationH96ctJudge Grimm does not seem inclined to provide any temporary relief for The Dread Pro-Se Kimberlin’s butthurt. He has denied TDPK’s request for file a sanctions motion against the lawyer representing Twitchy. However, Amazon offers this remedy—

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Of course, butthurt is not a proper cause of action for a civil suit, so The Dread Deadbeat Pro-Se Kimberlin’s LOLsuits were doomed from the start.

Team Kimberlin Post of the Day

Brett Kimberlin created the Breitbart Unmasked website in 2012, and used it to attack his perceived enemies. Here’s an example of a false post from six years ago today.The Gentle Reader will note that the second paragraph in the BU post mentions some embedded audio that is no longer in the post. There were two problems with that audio. The first was that it had been edited to create a false record. The second was that it’s a violation Maryland Court Rules to publish courtroom audio recordings.

Publication of printed transcripts are OK, and when I made the printed record available, the embedded audio was taken down.

Breitbart Unmasked. It’s my prime source for news, hearsay, lies and innuendo. Oh, yeah. Smears, too!

—Bill Schmalfeldt

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

This post On Libel from eight years ago today dealt with one on of the more bizarre twists of The Saga of the Dread Deadbeat Pirate Pro-Se Kimberlin and his crew.

* * * * *

Libel is the publication in print (including pictures); writing; or broadcast through radio, television, or film; of an untruth about someone which will do harm to that person or his reputation by tending to bring the target into ridicule, hatred, scorn, or contempt from others.

Just as there are persons whose reputation is so bad that they can’t be defamed (Charles Manson, for example), there are people whose credibility is so poor that no one in his right mind really believes what they say (a real world Joe Isuzu); such people can’t actually defame anyone.

It’s really quite sad to be dealing with someone who reputation and credibility are so poor that he fits both categories.

* * * * *

No one affiliated with Team Kimberlin has come out ahead as a result of their campaign of lawfare and cyberthuggery.

Team Kimberlin Post of the Day

Brett Kimberlin claimed that he has a lawyer willing to represent him pro bono in the filling of a petition for a writ of certiorari seeking to appeal the his recent loss in the Seventh Circuit.As of close of business yesterday, nothing is on the public docket at the Supreme Court’s website. However, Kimberliin has several week’s left before the filing window closes.

Stay tuned.

Team Kimberlin Post of the Day

The Deadbeat Performer Kimberlin really wanted, and probably still wants, a career in the music business. He’s struck out as a songwriter and performer, and he’s never been able to worm his way in through his Justice Through Music Project. The TKPOTD for eight years ago today dealt with one of his exaggerated claims about JTMP.

* * * * *

In his opposition to my motion to dismiss in the Kimberlin v. The Universe, et al. RICO Madness, The Dread Pro-Se Kimberlin wrote the following:ECF 29-16I suppose by “non-profit that works with famous bands and artists” TDPK means “Justice Through Music Project.” If he does, he is misleading the court.

I recently took a look at the Justice Through Music Project website (No, I won’t link to it.) and worked my way back through over a year’s worth of its blog posts. There were lots of stories about “famous bands and artists,” but there was nothing about any of them working with or having anything to do with JTMP.

Nothing. Nada. Zilch. Bupkis.

#Wannabe

* * * * *

Although I got out of any day-to-day connection the recording industry when Mrs. Hoge and I moved from Nashville to California in 1982, I stayed in the pro audio business for most of the ’80s. During my almost 20 years in recording and broadcast I did have the opportunity to work with some “famous bands and artists.” You may have actually heard of some them.

Team Kimberlin Post of the Day

Team Kimberlin invariably set themselves up for failure, but I must admit I taken some pleasure in helping to grease the skids for them. The honeypot referenced in the Remember the Honeypot? title of this post from six years ago today was one of the more amusing, for me at least, interactions will Bill Schmalfeldt.

* * * * *

The Cabin Boy™ discovered a website last year that “proved” Paul Krendler was up to no good, and he republished what he found here. Schmalfeldt still hasn’t admitted that he was tricked and caught by a honeypot. That’s one of the reasons that some people believe that he truly isn’t educable.

Now, the Cabin Boy™ says he’s found images on the Internet that have metadata showing they were created by “Grady, Pat,” and he’s sure that they prove that Krendler is Grady or Grady is Krendler.RD201615101431Z

I’m not going to detail all of the problems the Cabin Boy™ would have trying to build a case on that evidence or the problems he would have attempting to get such evidence admitted in court, but I will point out that Grady’s name being in the metadata Schmalfeldt published does not mean it was there when the images were created. It could mean that the Cabin Boy™ has spent $10.99 at the Ap Store.EXIFChanger

Or it could mean that someone else did. Or it could mean that whoever created the images simply put Grady’s name in the original metadata.

The Cabin Boy™ seems to get most of his exercise by jumping to conclusions.

There’s a good reason why LOLsuit VI is subtitled The Undiscovered Krendler.

* * * * *

Neither the Cabin Boy™ nor Brett Kimberlin (who claims I was Krendler) ever discovered Paul Krendler’s identity. Not false criminal complaint, and not in LOLsuits VI. Or VII. Or VIII.

Team Kimberlin Post of the Day

Brett Kimberlin is not only a liar, he he doesn’t know when to keep his mouth shut. As the TKPOTD from none years ago today details, he sometimes gets trapped into telling the truth.

* * * * *

What perjury boils down to is lying under oath. Brett Kimberlin is a perjurer. He was convicted of that crime in November, 1973. He doesn’t seem to have broken the habit. I have seen transcripts of his testimony during the last couple of years where he denied, for example, having had his parole revoked. One need only search for Kimberlin v. Dewalt as a legal document using Google Scholar to find out about Kimberlin’s appeal of his parole revocation.

Speaking of Kimberlin and appeals and perjury, here’s a bit from one of the Seventh Circuits decisions on one of his appeals related to the Speedway Bomber convictions [United States v. Kimberlin, 805 F.2d 210 (1986)]. Kimberlin asserted that allowing the jury to hear about his previous conviction prejudiced them against him.

Defendant testified. During direct examination he testified that he had been convicted of perjury. Defendant argues that the government improperly inquired on cross-examination concerning the details of the offense. On direct, for the obvious purpose of minimizing the offense, and its impact on the jury, defendant testified he was convicted when he had just turned eighteen, the grand jury was investigating drug abuse at the high school, and no lawyer was with him when questioned before the grand jury. Apparently believing that the door had been opened, the prosecutor inquired whether the perjury consisted of telling the grand jury he had not sold LSD to certain persons when in fact he had done so. The answer was affirmative. No objection was made. We think there was no plain error, if error at all.

I don’t understand why anyone would believe him to be trustworthy.

* * * * *

His criminal past seems to keep blowing up in his face.

Team Kimberlin Post of the Day

Brett Kimberlin already had a felony conviction for perjury during the Speedway Bombings, so it was federal felony for him to posses explosives. It was also a federal felony for him to posses a firearm. The TKPOTD for nine years ago today dealt with how effect such laws are in compelling compliance by criminals.

* * * * *

As I’ve mentioned before, Brett Kimberlin is running a website called NRA Watch (No, I won’t link to it.) that supports a ban on modern sporting rifles such as the AR15. Back in the ’70s, when he was prohibited by the Gun Control Act of 1968 from possessing firearms because of a felony conviction, Brett Kimberlin had a significant personal arsenal. Here’s a partial description from the appeal of his bombing conviction to the Court of Appeals for the Seventh Circuit [805 F.2d 210 (1986)]:

ATF Agent Donovan testified that in a search of defendant’s home September 23, 1978, he found a .22 caliber rifle and two shotguns, a box of 12 gauge shotgun shells, a box of .22 caliber ammunition, and a clip containing four .30 caliber rounds. Twelve (12) gauge shotgun shells and 30.06 ammunition had also been found in the Impala. This evidence came in without objection.

Scott Bixler was a co-defendant with defendant Kimberlin in the Texas marijuana case. In rebuttal he testified that in the summer of 1978 he purchased seven AR-15 rifles at $300 each. Defendant Kimberlin supplied the money, and Bixler turned six of the rifles over to him. Days before, Bixler had purchased a shotgun for defendant Kimberlin. This testimony came in without objection. There was testimony that an AR-15 was found at the Patricia Strait residence in Texas, along with apparent bomb components, and that the serial number on the rifle was scratched through. This evidence came in without objection.

On redirect, Bixler testified, over objection, that he and defendant Kimberlin had shot a semi-automatic .22 caliber pistol with a silencer on the end of it. Kimberlin had provided this weapon. They shot it at the “airstrip,” a location which figured in the marijuana operation.

Six AR15s?

* * * * *

Some how, I’ve managed to get by with only one.

Team Kimberlin Post of the Day

In February, 2012, Brett Kimberlin started the breitbartunmasked dot com website. It operated on-and-off until December, 2018, principally under the editorships of Matt Osborne and Bill Schmalfeldt. The site was first hosted in The Netherlands, but it was moved onshore and its hosting consolidated with over two dozen Kimberlin-related sites after a year or so. It moved back offshore after Bill Schmalfeldt posted some content from Hogewash! without permission, fleeing to avoid the consequences of a DMCA takedown notice.

The site is still wasting bandwidth on the Internet, but has had no new content for over three years. It’s been poorly maintained, and much of the original material is gone.

But the site has been well backed up all along for use as evidence when necessary. For example, here’s a screenshot from a post from seven years ago today that was a clumsy attempt to smear Aaron Walker. The contents of the post are utter rubbish.While the post was still available at the BU website as of 10:16 ET Tuesday evening, it screenshot is from the post’s html file on one of the existing offline backups.

I doubt that Team Kimberlin is aware of the evidence the left lying about.

Some things do not have a statute of limitations.

Team Kimberlin Post of the Day

This image originally ran as the TKPOTD for seven years ago today.

* * * * *

It’s May the Fourth …Everything is Proceeding

* * * * *

That cartoon got so deeply under Brett Kimberlin’s skin that he questioned me about it when he called me as a defense witness in the Walker v. Kimberlin, et al. lawsuit.

Q   Do you ever post graphics or photos of you as a Star Wars Hero?

A   I have, people have sent me graphics of my face to replace, who’s the guy that played Obi-Wan Kenobi, the older fellow? This is what happens when you’re old. Alec, Sir Alec Guinness with my face instead of Alec Guinness’ as Obi-Wan in, in various cartoons. I think they’re funny, and I’ve, I’ve posted a few that have sent me, and other people have, have picked up on that, as well, and sort of run with it. It’s a, it’s, it’s kind of a running gag now in certain corners of the internet.

The jury’s reaction to that exchange went almost exactly as the Gentle Reader might have foreseen.

Team Kimberlin Post of the Day

Brett Kimberlin’s worst mistake in all of his lawfare over the past decade was suing me. I was the first defendant to raise the argument that his reputation as a violent felon so bad that it was impossible to degrade it. The TKPOTD for eight years ago today outlined my argument.

* * * * *

Here is another selection from my reply to The Dread Pro-Se Kimberlin’s opposition to the motions to dismiss from Aaron Walker and me in the Kimberlin v. The Universe, et al. RICO Madness.ECF 56-p10

* * * * *

In fact, another group of defendants’ motion to dismiss the subsequent RICO Retread LOLsuit in state court was granted in part because the judge in the case found that Kimberlin was defamation proof before my similar motion was granted. But a court has now found that Kimberlin’s reputation bars any viable claim for defamation.

Team Kimberlin Post of the Day

Over the past few years, Brett Kimberlin has had a couple of appeals going to try to set aside some of this Speedway Bomber convictions. He’s been unsuccessful thus far, but he still has one of the cases before the Court of Appeals for the Seventh Circuit, and he’s announced his intention to try to get the Supreme Court to take up the other.

Kimberlin was sentenced to a 51+ year consolidated sentence for his Speedway Bombing crimes and a drug smuggling bust, and he served 13 years before he was paroled. That parole was revoked. The TKPOTD for nine years ago today dealt with that revocation.

* * * * *

Most folks who have been following the Saga of The Dread Pirate Kimberlin know that he had his parole revoked, and most believe it was revoked for failure to make good on the judgment due Sandra DeLong. That’s true, but there was another reason—mortgage fraud. The following is from the U. S. District Court opinion upholding the revocation of TDPK’s parole [Kimberlin v. Dewalt, 12 F.Supp.2d 487 (1998)]:

On March 25, 1997 the Commission issued a summons that was served on petitioner on April 10, 1997, requiring his presence at a preliminary interview. Petitioner was charged with (1) submitting a fraudulent loan application by making a false statement as to a material fact when he denied having an outstanding judgments against him; and (2) noncompliance with the special payment condition. On April 25, 1997 petitioner attended a preliminary interview by Probation Officer Catherine J. Kirby. At that hearing petitioner denied the charges, claimed poverty and said he was trying to settle the matter with Sandra DeLong. Officer Kirby concluded that petitioner had fraudulently concealed from the mortgage company the true extent of his indebtedness and that he intended to “make sure that [Sandra DeLong] gets as little money as possible.”

* * * * *

As of close of business on Friday, the Seventh Circuit hasn’t ruled on his pending appeal and the Supreme Court hasn’t docketed a petition for writ of certiorari from Kimberlin. I’m watching both the dockets of both courts.

Stay tuned.

Team Kimberlin Post of the Day

The TKPOTD for six years ago today dealt with my ability to foreseen upcoming events.

* * * * *

popcorn4bkOK. Some of the Gentle Readers are wondering, “Did Hoge really foresee that LOLsuit The Dread Pro-Se Kimberlin filed against Senators McConnell and Grassley?” The truthful answer is yes and no. Yes, I foresaw that Kimberlin was likely to do something amazingly bold but mind-bogglingly stupid. No, I didn’t foresee Congress as his target. OTOH, he’s sued Senator Orin Hatch several years ago and Madeleine Albright when she was Secretary of State, so I’m not surprised by the grandiosity of his really futile and stupid gesture.

Some days, all one has to do is sit back, watch, and wait for the mistake to be made.

* * * * *

Some days, things proceed better than I have foreseen.

Team Kimberlin Post of the Day

Yesterday’s TKPOTD dealt with Brett Kimberlin’s vain attempt at avoiding service of process when he was on the other end of a lawsuit. The TKPOTD for six years ago today expressed my lack of surprise that he tried to hide.

* * * * *

No one should be surprised that Brett Kimberlin is evading service of process of the Hoge v. Kimberlin, et al. lawsuit. What else would one expect from the sort of coward who sets a time bomb and skulks away?

He can try to delay the inevitable, but it is still inevitable.

* * * * *

Cowardly cowards gotta cower.

Team Kimberlin Post of the Day

Brett Kimberlin is known for trying get default judgments against defendants by playing games with service of process of his LOLsuits. The TKPOTD for six years ago today dealt with his attempt to dodge being served in the Hoge v. Kimberlin, et al. lawsuit. Scrolling through the MoCo Deputy Sheriff’s affidavit shows that Kimberlin refused to accept service and sarcastically wished the deputy luck in finding him.

* * * * *

These are Docket Items 17 to 19 from Hoge v. Kimberlin, et al.

Everything is proceeding as I have foreseen.

* * * * *

Here’s what I foresaw. When Kimberlin appeared in court for another case, he got served. By Aaron Walker.Heh.

Team Kimberlin Post of the Day

Brett Kimberlin is a slow learner. Even after losing his first state LOLsuit against a group of defendants which included me and his first federal RICO LOLsuit against a larger group of defendants which included me, he refilled the state claims from that federal case against most of the us. Yet Another LOLsuit from seven years ago today was about that second state case.

* * * * *

The Dread Pro-Se Kimberlin has filed state law claims from his Kimberlin v. The Universe, et al. RICO Madness in the Circuit Court for Montgomery County. He’s named the following defendants: National Bloggers Club, Ali Akbar, Patrick Frey, Erick Erickson, Michelle Malkin, Glenn Beck, Aaron Walker, Yours Truly, Lee Stranahan, Mandy Nagy, Breitbart.com (sic), DB Capitol Strategies, Dan Backer, Mercury Radio Arts, Blaze (sic), Ace of Spade (the blog), Ace of Spades (the blogger), RedState, and Twitchy.

The suit claims are for Defamation of Character, Invasion of Privacy (mentioned twice), Interference with Business Relations, Interference (with what is unspecified), Battery, Infliction of Emotional Distress, and Conspiracy.

That’s as much as I can gather from the Maryland Judiciary Case Search online database. I can’t make any further substantive comment about this LOLsuit until I’ve reviewed the complaint with counsel.

Comments are open, and suggestions for a working name for this LOLsuit are solicited. Please keep it clean.

UPDATE—TDPK forgot to add Mopery with Intent to Lurk again.

* * * * *

He really screwed up by filing that second state case. As part of dismissing the suit for failure to state a claim upon which relief could be granted, the judge found that Kimberlin’s claims for defamation failed because his reputation as an infamous criminal was so poor that he was defamation proof.

Team Kimberlin Post of the Day

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.

* * * * *

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).

* * * * *

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.

Team Kimberlin Post of the Day

Brett Kimberlin has filed another motion asking for a freebie lawyer as counsel for any as yet unscheduled oral argument in his remaining appeal at the Seventh Circuit Court of Appeals. He’s trying to get his Speedway Bombing convictions set aside.

There’s interesting information dealing with Kimberlin’s early failed appeal in paragraph 3 where he says former Solicitor General Neal Katyal and the firm of Hogan Lovells “have agreed to represent Appellant pro bon in the filing of a Petition of Certiorari to the Supreme Court to address Appellant’s wrongful conviction, the conflicts between the circuits re coram nobis, and the corrupt actions of the Government in Appellant’s case.”

I suppose that means I’ll have to keep an eye open for a petition.

Paragraph 5 raises this question: If a big time lawyer and law firm are willing to take on his other appeal, why is Kimberlin having to ask the court to “recruit” them as pro bono counsel in this case.

Stay tuned.