Team Kimberlin Post of the Day

The whole of Team Kimberlin’s lawfare campaign was a pack of lies aimed at undermining the credibility of bloggers and reporters who were writing about Brett Kimberlin. Now, you’d think that people with that much practice at lying would at least be competent at it, but competence was rare among the members of Team Kimberlin. The TKPOTD for nine years ago was about an attempt by Matt Osborne (aka Xenophon) to lie about the progress of one of Kimberlin’s LOLsuits.

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Xenophon is telling lies over at Breitbart Unmasked again (No, I won’t link to it.)—BU20140114Z9871receiptWhat really happened was that The Dread Pro-Se Kimberlin’s motion for alternate service on Ali Akbar was denied. You see, Maryland Rule 2-121(a) requires that service of process via mail be by Certified Mail, Return Receipt Requested, Restricted Delivery. Unfortunately, TDPK didn’t check the box for Restricted Delivery on the Certified Mail green card. Also, and this is confirmed by the USPS mailing receipt he filed as an exhibit in his RICO status of service report, he didn’t pay for Restricted Delivery either. The Restricted Delivery charge in 2013 was $4.75 in addition to the $5.65 for Certified Mail with Return Receipt. Sure enough, the copy of the green card that Kimberlin filed with his motion for alternate service does not have the Restricted Delivery “Yes” box checked. Even if he had mailed the package to correct address, service would have not been valid.9871_a

Meanwhile, TDPK was unhappy that Ali’s lawyer was not being cooperative, that is to say, was looking out for his own client’s interests. In a fit of pique, TDPK filed a motion for sanctions against Ali’s lawyer, and, to make sure that he got it right this time, he included an exhibit that showed the green card with the box checked.9871_b

And he got caught.

And Judge Burrell was not amused by having two versions of the same document from the same party. Motion denied!

Furthermore, at no time during the hearing did Judge Burrell verbally order Ali’s lawyer to disclose Ali’s current address to TDPK, and she has not sent any such written order to Ali’s lawyer.

So what we have here is a notorious liar lying about what happened when a convicted perjurer got caught filing an apparently forged document with a court.

#Fail

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That one check mark wound up costing Kimberlin dearly.

Team Kimberlin Post of the Day

Part of Team Kimberlin’s PR effort was to threaten those of us being sued by the Dread Deadbeat Pirate Pro-Se Kimberlin with the direst of dire direness if we didn’t settle on terms favorable to the plaintiff. One of the early threats that fizzle was that Kimberlin had found a top notch lawyer who would crush us in court. The Bonus Prevarication Du Jour from nine years ago today was about one of Matt Osborne’s (aka Xenophon) attempts to spin that yarn.

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Here’s another whopper from Xenophon at Breitbart Unmasked (No, I won’t link to it).BU20131223If The Dread Pro-Se Kimberlin really has found a lawyer willing to represent him, that lawyer will be filing an appearance with the court, and that should appear on the docket. Soon. As of this evening, the online database for the Kimberlin v. Walker, et al. lawsuit still shows Brett Kimberlin as pro se, that is, representing himself without counsel.

I suspect that Xenophon is simply lying. The post containing that statement is dated 23 December. That’s the same day that Brett Kimberlin filed his latest round of motions in the lawsuit, and they were filed pro se rather than through counsel. I’ll believe that TDPK has found a lawyer willing to risk his law license by signing on to the claims in Kimberlin’s Amended Complaint when I see his appearance in the case docket or see him show up in court.

OTOH, Xenphon’s “sources” may have told him that TDPK has a competent lawyer. If that’s the case, it may be time for a med check.

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Brett Kimberlin has managed to talk a law firm into providing him with pro bono representation for his petition seeking the Supreme Court review the Seventh Circuit’s denial of his attempt to have his Speedway Bomber convictions set aside. His petition has been distributed to the justices for their conference on 6 January.

Stay tuned.

Team Kimberlin Post of the Day

In all the various LOLsuit that Brett Kimberlin filed against me, I don’t recall his ever effect proper service of any of the complaints on me. He often also screwed up service on other parties, This post from nine years ago today cataloged Another Faulty Service.

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The Cabin Boy has published the Certified Mail receipt from the alleged service of the Maryland Kimberlin v. Walker, et al. lawsuit on Stacy McCain. The receipt proves that the service was not accomplished.LR201310240106ZThe explanation is simple. The Dread Pirate Kimberlin sent the mail to the wrong address.

Also, Maryland Rule 2-121 requires that service via mail be “by certified mail requesting: “Restricted Delivery — show to whom, date, address of delivery.” The Restricted Delivery box on Line 4 is not checked, so the letter carrier gave the mail to whomever would sign for it. The mail was signed for by someone named Ford, so it was not delivered to Stacy McCain.

One of the lawyers discussing Brett Kimberlin’s performance in the raft of frivolous suits he has filed against my codefendants and me used the phrase “amateur hour.”

Just so.

UPDATE—Stacy has more here.

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Stacy was probably dead on the money when he called Kimberlin “The World’s Worst Pro Se Litigant™.”

Team Kimberlin Post of the Day

It’s not unusual to catch members of Team Kimberlin in lie. This Bonus Prevarication Du Jour is from eight years ago today.

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This one isn’t from Cabin Boy Bill Schmalfeldt. It’s from Brett Kimberlin himself. I found these words in an email he sent to a third-party. The email was forwarded to me this morning.

Mr. Hoge and his co-defendants seem to believe that they can try this case online. They believe that they win by causing the most harm [redacted].  They have been warned by numerous attorneys that their actions after the filing of the case will come back to haunt them when the case gets before the judge or jury, yet they obsessively post more and more defamatory statements that add proof of the allegations I have made.

For the umpteenth time, I don’t litigate online. I have made no substantive comments about the Kimberlin v. Walker, et al. lawsuit other than to acknowledge its existence, to note that I have filed an answer, and to state that I believe the case is without merit. I’ve joked that Kimberlin left “mopery with intent to lurk” off of his laundry list of torts. And I did offer to let him settle the case on the cheap for a payment to me of $1,000,000. That wasn’t a joke.

As far as I know, none of my codefendants have discussed the merits of the case per se online, but none of us have been shy in expressing our contempt for Brett Kimberlin. Team Kimberlin, OTOH, has been publishing all sorts of attack pieces, longer posts on Breitbart Unmasked or the Cabin Boy’s various sites and shorter jabs on Twitter, in support of Kimberlin’s suit.

The Gentle Reader may decide for himself who is attempting to try the case online.

Of course, the various lawyers involved in the case have counseled caution in what we defendants say about the matter outside of court. Duh. That’s why I haven’t made any substantive comments. However, not a single lawyer who has discussed the case with me expects the case to go to trial.

Since he hasn’t actually filed an amended complaint to add the act of defaming him by publishing a certified copy of a public document, oh, never mind …

Fail.

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It turns out that the only part of the initial legal advice I received that was mistaken was the expectation that the Kimberlin v. Walker, et al. case wouldn’t go to trial. It did, but the judge stopped it after Kimberlin rested his case and granted a directed verdict in the defendants favor because Kimberlin hadn’t presented a “scintilla” (the judge’s word) of evidence to support his case.

He really would have done better in the long run to accept my settlement offer.

Team Kimberlin Post of the Day

Nine years ago today a post In Re Kimberlin v. Walker, et al. took note of an important event in that case, the first of the LOLsuits naming me as a codefendant.

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Today, my lawyer filed my answer to Brett Kimberlin’s complaint in the Kimberlin v. Walker, et al. lawsuit. This takes my offer to settle off the table. I will have no additional comment on the matter until I have further discussions with my counsel.

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My settlement offer consisted a allowing the case to be dropped without filing any counterclaims in exchange for a payment of one million dollars to me from Kimberlin. He’s lost all the case he’s brought against me, and by time I’m done with him a million bucks will seem like a bargain.

Team Kimberlin Post of the Day

This rather foolish post appeared nine years ago today on Breitbart Unmasked. It’s still available on the BU website. (No, I won’t link to it.)

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That post ends with this words—

And we cannot wait to see Robert Stacy McCain try this blog court defense in a genuine courtroom.

Stacy never had to present any defense in court because he, my other codefendants, and I were granted a directed verdict in our favor when Brett Kimberlin failed to present a case sufficient to go to a jury.

Team Kimberlin Post of the Day

Being one of the targets of Brett Kimberlin’s lawfare was a serious problem, but one that required mockery as part of the response. His first LOLsuit listed seven causes of action, some of which weren’t things that can be the subject of a lawsuit. Part of my response was to suggest that he forgot to include Mopery With Intent to Lurk among his laundry list of claims. Nine years ago today, one of the Gentle Readers joined in the pointage, laughery, and mockification.

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SuedByDrEvilImage Credit: @bet0001970

Stacy McCain has more here.

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If you click on the link to the @bet0001970 Twitter account, you’ll find than as with so many conservatives on Twitter, her account has been cancelled.

Team Kimberlin Post of the Day

After Brett Kimberlin put up a pirate theme Bloggers Offense Fund website, I began referring to him as The Dread Pirate Kimberlin and to his associates as various members of his crew. Neal Rauhauser, who was working with Kimberlin’s not-for-profits at the time, became First Mate, and one of the Gentle Reader’s tagged Bill Schmalfeldt as the Cabin Boy. Other associates and enablers were given spots on the crew as well. The appellation “Pirate” change from time to time depending on how The Saga was progressing—Perjurer, Performer, Pusher, etc.—and “Dread” changed to “Deadbeat” when Kimberlin failed to pay various court-ordered sanction.

The Deadbeat Pro-Se Kimberlin’s first LOLsuit naming me as a codefendant was the only one of his multiple defamation cases to get as far as a trial. The TKPOTD for eight years ago today dealt with an odd question he asked Stacy McCain during that trial.

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The Dread Pro-Se Kimberlin asked remarkably foolish questions during the trial for the Kimberlin v. Walker, et al. nuisance lawsuit. Consider this exchange with Stacy McCain.

MR. KIMBERLIN: Do you tie me to Neal Rauhauser?

MR. MCCAIN: You’ve tied yourself to Neal Rauhauser. You told a Maryland court that he is your associate. He has claimed you as his client. Neal Rauhauser has represented your other —

MR. KIMBERLIN: Objection. That’s hearsay

MR. MCCAIN: I’m answering your question.

MR. OSTRONIC: Objection.

THE COURT: It’s your question, sir.

MR. KIMBERLIN: I know. But —

MR. MCCAIN: Can I answer the question?

THE COURT: Yes. You may.

MR. MCCAIN: Thank you. Okay. Neal Rauhauser, you stood in court and said that Neal Rauhauser is your associate. He’s attended multiple hearings where he was not a party that you were involved in. Neal Rauhauser has described you as his client. Neal Rauhauser represented himself as an agent of your nonprofit, Velvetrevolution.us. So he is your associate.

Comparing TDPK to Hamilton Burger would defame Hamilton Burger.

#FAIL

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So Brett Kimberlin believed that being called an associate of Neal Rauhauser was defamatory.

Hmmmmm.

Team Kimberlin Post of the Day

At this point in 2014, Brett Kimberlin has just lost the first of his LOLsuits that included me as a defendant, and only the first of his RICO LOLsuits was still pending. He had just told a reporter the Aaron Walker, Stacy McCain, Ali Alexander, and I could expect lawsuits for the rest of our lives. The TKPOTD fro eight years ago today considered that threat.

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The Dread Pro-Se Kimberlin is rattling his tail and threatening to strike out with yet another vexatious federal lawsuit against the original defendants in the state Kimberlin v. Walker, et al. nuisance lawsuit.

Yawn.

popcorn4bkBefore he does that, he might want to war-game the various responses that are possible from one or more of the potential defendants. There are some things that he may think are low-to-zero probability that … well, let’s just say that he really, really should consider the potential costs of such a lawsuit.

Stay tuned.

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The questions posed by this comment to the original post have never be properly answered..

Team Kimberlin Post of the Day

As the Kimberlin v. Walker, et al. nuisance LOLsuit was coming to an end in state court, Brett Kimberlin began trying to get a temporary restraining order in the federal RICO Madness LOLsut against the state court defendants who common to both cases. However, the federal suit was under a case management order, so Kimberlin had to ask for permission to file for the TRO, and he asked for an unusually long schedule for the filing. Judge Hazel said, “No,” point out that if the matter is important enough for a TRO, Kimberlin needed to get his paperwork in promptly. He set a drop dead date for filing.

The reason Kimberlin wanted more time than usual was that he had planned to take a vacation in Hawaii with his wife and her two daughters. BTW, he lists his salary on the Justice Through Music Project IRS Form 990 as $19,500 a year, and he told the Seventh Circuit Court of Appeals last year that he should be given a pro bono lawyer because he has to makes do on his JTMP pay and a small bit of Social Security.

The TKPOTD for eight years ago today was about Kimberlin’s response to the judge’s instructions.

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Thursday, 28 August, 2014, was the drop dead date for The Dread Pro-Se Kimberlin to either file his motion for a preliminary injunction in his Kimberlin v. The Universe, et al. RICO Madness or to inform Judge Hazel that he was withdrawing his request to file such a motion. Failure to do one or the other was not an option, but it seems that was the course TDPK chose.

No new filings showed up in the case docket on PACER on Thursday, but if something had been filed at the last minute or put in the after-hours drop box, it would not have made it into the system until Friday. There was nothing new on Friday either.

I was informed by my lawyer in the state Kimberlin v. Walker, et al. nuisance lawsuit that TDPK had threatened to file an additional federal lawsuit against me and my state codefendants for some unspecified cause of action. (Mopery with intent to lurk?) That suit was also supposed to come on Thursday as well, but no new case had appeared in PACER as of Friday.

I’m beginning to wonder if Brett Kimberlin has caught on to the fact that his associate Neal Rauhauser’s theory of lawfare has several fatal flaws. First, it won’t work when it is used to attack someone or some organization with a combination of deep pockets and deep principles. Second, it won’t work against a pro se defendant with the time, intellectual resources, and stamina to engage in the kind of legal judo necessary to turn the lawfare back on the plaintiff. Third, it won’t work when it is used to attack so many defendants at once that they can overwhelm the plaintiff with their filings in reply to his complaints and motions.

TDPK hit the trifecta with his RICO Madness. Maybe he’s learned his lesson.

popcorn4bkAnd maybe not.

He is making noises about appealing his loss in the state lawsuit.

Stay tuned.

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Losing that first state case wasn’t enough. It took losing the RICO Madness, RICO Retread, and RICO 2:Electric Boogaloo LOLsuits for Kimberlin to learn to stop messing with me, and he had to lose the RICO Remnant and RICO 3 LOLsuits as well before he finally gave up on trying to use lawfare for reputation management.

Team Kimberlin Post of the Day

Brett Kimberlin has done many things that I have found disturbing, but the incident referenced in the TKPOTD for eight years ago today was among the worst I’ve witnessed.

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I’ve been listening to the courtroom audio recordings as part of my preparation for the next part of my Kimberlin v. Walker, et al. in Review series. Since those recording are used to produce the trial transcript, they include the conversations between the judge and counsels at the bench. I could not hear them in the courtroom because a noise source is turned on by the judge to mask the conversations. Thursday evening was the first time that I became aware of the following:

Brett Kimberlin called his older daughter as a witness. He did so at the end of the presentation of his case. He tried to do so as his first witness, but our lawyer objected. During the interchange at the bench, The Dread Pro-Se Kimberlin said that he wanted her to testify to various things which the judge felt were inadmissible because her testimony would be hearsay. TDPK also said he wanted her to testify to the fact that he had not done anything untoward with her. That would have been admissible, but my lawyer agreed that we would stipulate that so there was no reason for her to be called. During the conference at the bench, Judge Johnson remarked,

To put your 15 year old daughter—talk about —talk about harm—to put a 15 year old kid in a courtroom in front of a jury and ask her questions about pedophilia!

Just before he called her, the judge called the counsel up to the bench and tried one more time to dissuade TDPK from calling his daughter.

THE COURT: You know the witness you really need?

KIMBERLIN: Huh?

THE COURT: Is your wife here?

KIMBERLIN: She’s, she’s packing. We’re leaving on vacation tomorrow—

THE COURT: Is she gonna testify? See, that’s —if she were going to testify, that would be one thing, but a 15 year old?

TDPK put her on the stand any way.

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Words fail me.

Team Kimberlin Post of the Day

Yesterday, I noted the eighth anniversary of the directed verdict in the defendants’ favor in the Kimberlin v. Walker, et al. LOLsuit. Eight years ago today, I published a Kimberlin v. Walker, et al. in Review. I’ve reproduced it below.

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Brett Kimberlin sued Aaron Walker, Stacy McCain, Ali Akbar, Kimberlin Unmasked, and me in the Circuit Court for Montgomery County. His initial complaint was a laundry list of torts and several other bizarre claims that sought $1,000,000 in damages. Yesterday, he lost his case with respect to Aaron, Stacy, Ali, and me. Technically, the suit still survives against the two individuals that Kimberlin is currently accusing of being Kimberlin Unmasked, but based on what developed at this week’s trial, their defense would appear to be pretty solid and straightforward. Brett Kimberlin would be wise to drop his case against them.

Now that we’ve won, I’m going to tell you my side of the case. It’s a long and complicated story, requiring many posts.

During the first weekend of July, 2013, I got an email from a reader who had seen in the Maryland Judiciary Case Search database that Brett Kimberlin had filed for a protective order against his wife and had filed criminal charges against another individual. Maryland has two types of what are called “restraining orders” in other states. Peace orders are issued between unrelated persons. Protective orders are issued among family members, roommates, or other persons with close relationships. Given The Dread Pro-Se Kimberlin’s history of seeking peace orders against the likes of Aaron Walker and John Norton, I wondered why he was seeking an order against his wife. So the following Monday, Aaron Walker and I went to one of District Courthouses in Montgomery County and witnessed the hearing.

I won’t rehearse all the details, but over the next few days, Mrs. Kimberlin approached me, and Aaron and I wound up helping her with her legal problems related to her husband. Shortly afterwards, TDPK sued us. One of the claims for defamation that he made was based on the fact that I suggested that Brett Kimberlin might be a pedophile. That suggestion was made after he had been charged with sexual offense in the third degree. While the State didn’t take the charges to trial, I believe Mrs. Kimberlin’s story.

In order to prove a defamation case in Maryland, the plaintiff must prove that what the defendant said or wrote was false. Brett Kimberlin could not do that. After putting his older daughter, Aaron, Ali, Stacy, and me on the stand, he had produced no evidence of falsity. He had no case. With the jury sent out of the courtroom, Judge Johnson incredulously asked him, “Is it your theory that you can come into court and say, “I was defamed,” and rest your case?” Because TDPK had offered no evidence for the jury to consider in its deliberation, the judge ruled that there was no case, and gave a verdict in favor of the Aaron, Stacy, Ali, and me as a matter of law.

The Dread Pro-Se Kimberlin filed his suit on 30 August, 2013. He lost on 12 August, 2014. That makes 347 days that we defendants were subject to his vexatious nonsense. All that has cost TDPK is a sanction award of $600 to our lawyer—which he now late in paying. Or so he may think.

Stay tuned.

UPDATE—During her testimony, Miss Kimberlin was very supportive of her father. However, as the judge noted, being a good father would not disprove what we wrote about him.

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Suing me was probably the dumbest mistake he made since he got out of jail, and Im not done with him yet.

Team Kimberlin Post of the Day

The TKPOTD for eight years ago today contained my thoughts as I prepared for the first day of the Kimberlin v. Walker, et al. nuisance LOLsuit.

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The Kimberlin v. Walker, et al. nuisance lawsuit is scheduled to go to trial at 9:30 this morning in the Circuit Court for Montgomery County. When you cut through all the bullshit in The Dread Pro-Se Kimberlin’s complaint, what the suit boils down to is this—Brett Kimberlin haz sad because a bunch of mean bloggers said truthful things about him and wouldn’t shut up when he said so.

His suit is 100-%-pure, unadulterated anti-First-Amendment shutuppery. TDPK will get his day (or two) in court. He’ll have his chance to convince a judge and jury that it’s defamatory to write accurately about his past, to report truthfully about his present activities, or to express an opinion about him based on what was learned in that reporting. He will have to prove that what we wrote was false and that either we knew it was false or we wrote with a reckless disregard for the truth. He will have to present evidence to that effect, and he doesn’t have any—which is just the beginning of the problems TDPK faces.

I don’t expect the process to be pleasant, but I do expect that my codefendants and I will come out of it as the winners.

Pray for justice.

UPDATE—This seems to be all Team Kimberlin has left.TK201408110033Z

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You know, as much as I enjoy camping, I haven’t had many opportunities over the past eight years. I doubt I’ve spent a whole week sleeping under canvas or nylon during past eight years.

Team Kimberlin Post of the Day

In late July, 2013, Tetyana Kimberlin filed an Application for Statement of Charges against Brett Kimberlin, alleging that he had had sexual intercourse with her in Maryland before her 16th birthday. He was charged with 3rd Degree Sexual Offense (what most states would call statutory rape), but the charge was dropped when she later said she would not testify.

That’s not the only story involving Brett Kimberlin and an underage girl. The TKPOTD for nine years ago cites an excerpt from Mark Singer’s Citizen K.

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DredPedoKmbrlnThis passage begins on p. 81 of Mark Singer’s Citizen K. The Gentle Reader might want to see how many familiar themes it contains.

The morning of June 26, Judith Johnson continued in her statement to the police, she had another surprise visitor.

“Brett C. Kimberlin came to our office. He came into my office and closed the door, talked very low, was nervous, introduced himself as living with Sandra Barton, 68 POC #A, and stated he had lived there for a good many years. He told me that his girlfriend’s mother was harassing them, that she hated him and their situation (living there with her daughter and grandchildren) … he said that Mrs. Barton’s mother was insane and that he wanted them to get away from here but that Mrs Barton was afraid of her mother and would not stand up to her.”

“He wanted me to evict them so it would be a good reason for them to have to move away and therefore Mrs. Scyphers would believe them and think they had to move and were not just getting away from her. I told him that I couldn’t evict Mrs. Barton for something like that. He then told me that the apartment was destroyed due to Mrs. Barton having 4-6 animals, that the odor was very bad and that sometimes he had to step out on the patio in warm weather. He said the carpet was ruined. I advised him that I would have it inspected. If it was true and was this dirty we would ask her to move. He agreed. We also discussed the date and arrived at 8/1/78.”

On a three-by-five index card, the detective from the Speedway Police Department who interviewed Judith Johnson—the interview took place 3 August 1978—recorded the following quotation from her, separate from her signed statement: “Brett Kimberlin had vengeance on his face when he talked about Mrs. Scyphers. He radiated hatred.”

Mrs. Scypher’s was murdered on 29 July, 1978.

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I found the image above on the Internet shortly after Brett Kimberlin was charged, and I used it to illustrate several post. Kimberlin tried to use it as evidence against me in the Kimberlin v. Walker, et al. LOLsuit, but he was unable to find a way to get it authenticated and admitted into evidence.

Team Kimberlin Post of the Day

Brett Kimberlin became less and less successful as his campaign of lawfare went forward. The Kimberlin v. Walker,, et al. LOLsuit, the first of four to include me among the defendants, was the only one that actually made it to trial, and most of it was killed off at summary judgment. The TKPOTD for eight years ago today dealt with Kimberlin’s inept handling of the discovery phase of that case.

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I mentioned a few days ago that The Dread Pro-Se Kimberlin’s response to our discovery requests in the Kimberlin v. Walker, et al. nuisance lawsuit was underwhelming. Based on the staggering lack of evidence, the lawyer representing Aaron Walker, Stacy McCain, Ali Akbar, and me has filed a second set of motions for summary judgment on the two counts that survived the 1 July hearing. Of course, TDPK has filed an opposition to our motions.BK v AW 2013 Op2MSJ-1TDPK is dead wrong about res judicata being applicable. Res judicata only applies to final dispositions of matters. There has been no final disposition of the surviving defamation and false light counts in the lawsuit. There won’t be until either they are dismissed with prejudice or one side wins at trial. Judge McGann denied our first motions on those counts in order to give TDPK one last chance to allege a set of facts to support his case. The judge told him that if he didn’t do so, it was likely that he’d face another motion for summary judgment.

Now it might just be … that the defense then will re-file another motion for summary judgment on the remaining two counts, depending on what he gets.

Kimberlin v. Walker, et al., 380966 V, 1 July, 2014, Transcript at 52.

res_judicata_mugsThe hearing on our motions is scheduled for 7 August. If things go well, that will be the end of the case. Otherwise, we will go to trial on 11 August.

BTW, all sorts of nifty Res Judicata stuff is for sale over at The Hogewash Store.

* * * * *

Maryland courts seem to be prejudiced against granting summary judgments. The fact that five of seven claims were nuked should have been a warning to Kimberlin about how weak his case was. When he rested his case at the trial, Judge Johnson stopped the trial and granted a verdict in favor of the defendants because Kimberlin had failed to show any evidence (“not a scintilla”) to support his claims.

Almost a year before the trial, I warned Kimberlin that if he didn’t drop the suit before my lawyer had to make an appearance in the case, that he was in for the fight of his life. I adopted the saying Murum Aries Attigit as a motto.

I’m not done with him yet.

Team Kimberlin Post of the Day

Have I mentioned that Brett Kimberlin is a liar? Yes, I’m pretty sure I have. In fact, the TKPOTD for eight years ago today was about some of the more stupid lies he’s told.

* * * * *

On 28 April, The Dread Pro-Se Kimberlin responded to my request for admission in discovery for the Kimberlin v. Walker, et al. nuisance lawsuit. You can read his responses as Exhibit D-2 of my motion to dismiss his second amended complaint in the Kimberlin v. The Universe, et al. RICO Madness. His responses are shot full of provable lies. For example—Admissions 3Admissions 4Here’s what the judge had to say about the Kimberlin v. Allen lawsuit when he made his ruling at the end of the hearing.BK v SA p109That’s from page 109 of the transcript.

Here’s how TDPK responded to the next request for admission.Admissions 5

Object? Well, I guess TDPK is disappointed—and perhaps a bit embarrassed—that his suit for defamation suit seeking $2,250,000 in damages was found to be worth a hundred bucks. (Say, does that mean that his $1,000,000 suit would get discounted to $44.44?)

Brett Kimberlin isn’t a very smart liar.

UPDATE—My codefendants and I in the Kimberlin v. Walker, et al. nuisance lawsuit are not commenting on discovery received from TDPK. The only exception is TDPK’s admission to me. Since those have been used an exhibit in my motion to dismiss in the RICO Madness, they are in a public document and fair game. We don’t intend to have anything to say the rest of the discovery provided until the court has ruled on any further pretrial motions or, perhaps, until after the trial.

* * * * *

While it’s usually easy to catch The Dread Deadbeat Perjurer Kimberlin in a lie, he lost the Kimberlin v. Walker, et al. LOLsuit because he couldn’t show that anything my codefendants and I had said or written about him was false.

Team Kimberlin Post of the Day

Brett Kimberlin’s attempts to use lawfare to silence and/or punish his perceived enemies became more unsuccessful as he went along. Most of the first defamation case was disposed of at summary judgment (explained below), and the rest of it failed when the judge stopped the trial after Kimberlin had rested his case because he hadn’t shown any evidence to support his case. The most of the second case failed to survive motions to dismiss, and the last defendant won at summary judgment. The third and fourth defamation cases didn’t survive motions to dismiss, and the fifth case was dismissed by the court on its own motion before any summons were issued to the defendants.

The TKPOTD for eight years ago today dealt with the summary judgment in the first case.

* * * * *

Judge McGann threw out five of the seven claims for relief in the Kimberlin v. Walker, et al. nuisance lawsuit on Tuesday morning. He also denied The Dread Pro-Se Kimberlin’s motion for summary judgment against the defendants.

I have held off publishing either sides filings related to yesterday’s hearing until after the judge ruled. Now that TDPK’s motion for summary judgment has been denied, I’ll comment on it.

But first let me explain to those of you with your hands raised about what a summary judgment is.

A summary judgment is one entered by a court for one party and against another party without a full trial. It’s a determination on the merits based upon the court’s finding that there are no disputes of material fact requiring a trial to resolve and that in applying the law to the undisputed facts, one party is clearly entitled to judgment. In plain English that means that yesterday the judge found that there was no question that both the facts and the law were against Kimberlin’s claims for relief related to abuse of process and malicious prosecution, conspiracy to abuse process, intentional infliction of emotional distress, harassment, and stalking.

In order to establish the elements of malicious prosecution, TPDK needed to allege that the criminal complaints filed against him were without probable cause and were filed with malicious intent. He did not allege either with sufficient particularity for the judge or the defendants to know what acts the defendants might have committed that resulted in his claimed tort.

He had a similar problem with his allegation of conspiracy to abuse process. He also could not overcome the fact that conspiracy is not, itself, a tort.

He did not allege the elements of intentional infliction of emotional distress with sufficient particularity for the court understand the nature of his distress or what damages he might have suffered. Pleading severe butthurt was a non-starter.

The claims for stalking and harassment were thrown out very early in the hearing after it was pointed out that there are no such torts and after TDPK admitted he could cite no case law supporting his claim.

popcorn4bkThe counts related to defamation and false light invasion of privacy still survive. For. Now. TDPK hasn’t provided any of the discovery related to those claims, and the sanctions imposed by the court will prohibit him from introducing any related evidence if he has not complied with discovery by 10 July.

Stay tuned.

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Since I didn’t say it then, I’ll say it now: Qapla’

Team Kimberlin Post of the Day

Here’s what Brett Kimberlin’s Twitter account looked like around 9:30 pm ET yesterday.Op-Critical was the house band for Justice Through Music Project for several years. Some of the band’s music videos still survive on YouTube.

The Gentle Reader should note that the purpose of these tweets is to promote a video designed to appeal to the fans of the Twilight Angel movie. That would be middle school girls.

Kimberlin sued Aaron Walker, several other defendants, and me, saying that we had defamed him by calling him a pedophile. When he got Aaron on the witness stand at the trial, he asked this question:

Q You must have some basis for that. Tell me what you, tell the jury why you know, why you think that’s true? And where is the truth, where is the evidence?
A Okay, well it’s a number of different things. First of all I read Mark Singer’s book on Citizen K, the authorized —
MR. KIMBERLIN: Your Honor, first of all —
THE COURT: It’s your question.

We were given a directed verdict in our favor because Kimberlin never showed that anything we has written or said was false. The Gentle Reader may form his own opinions.

Team Kimberlin Post of the Day

All of the claims that Brett Kimberlin made against me in his various LOLsuits and criminal complaints were false. That caused the two that made it as far as a trial to be thrown out when Kimberlin rested his case, granting my codefendants and me a directed verdict in our favor. It cause the other claims in that case to be dismissed at summary judgment. The TKPOTD for seven years ago explained why that happened.

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Sometimes in a lawsuit there may be point where the “facts” don’t have to go to trial. That may be because the parties agree to what the facts are. Or it could be because one side may take the position that even if the other side’s version is correct, it doesn’t effect the case. Or it could be because one side’s “facts” are clearly untrue. In those instances, the court will rule on the case as a matter of law. That procedure is called summary judgment.

As an example, here’s a claim from The Dread Pro-Se Kimberlin’s second amended complaint in the Kimberlin v. Walker, et al. nuisance lawsuit.BKvAWetal 58-61We defendants disputed those allegations, but we asked for a summary judgment in our favor as a matter of law because even if everything TDPK alleged were true, it didn’t add up to the tort of malicious prosecution.

The judge agreed with us and dismissed the claim. That was a judgment on the merits in our favor, that is, the court found that we had not engaged in malicious prosecution.

Brett Kimberlin has filed over a hundred lawsuits, and he’s lost almost every one. Incompetent pleading like the mess above is one of the principle reasons why he fails.

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Nome of his other LOLsuits against me survived motions to dismiss for failure to state a claim upon which relief could be granted.

Team Kimberlin Post of the Day

Qapala’ is the Klingon word meaning success. This post from seven years ago today was titled Qapla’: #BrettKimberlin’s Motion for a New Trial Denied.

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This has been posted in the Maryland Judiciary Case Search data base docket for the Kimberlin v. Walker, et al. nuisance lawsuit.NewTrialDenied

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Of course, Kimberlin has been successful in one sense—he’s maintained a perfect 0.000 average in his lawfare since 2012.

Team Kimberlin Post of the Day

Brett Kimberlin fancies himself as being on the very high end of the intelligence scale. The TKPOTD for five years ago today dealt with on his more stupid lies.

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Not only is The Dread Pro-Se Kimberlin a bad liar, he’s a stupid one. He included this whopper in his appeal in the Maryland Court of Special Appeals of the Kimberlin v. National Bloggers Club, et al. (II) RICO Retread LOLsuit.

It’s trivially easy to show that he misrepresented what happened in the Kimberlin v. National Bloggers Club, et al. (I) RICO Madness LOLsuit in federal court. A quick check of the online docket of that case in PACER shows that I filed a reply to TDPK’s “Omnibus Opposition” to the motions to dismiss from the multiple defendants. The following appears near the bottom of page 2 of my reply (ECF No. 236)—The Gentle Reader can click here to read my reply and see that I spent three pages dealing with TDPK’s failure to respond to the points related to res judicata I raised in my motion to dismiss. Not only did I raise res judicata in the federal case, I pounded the point heavily.

Why did Kimberlin make such a transparently false claim? Did he think that I wouldn’t remember raising res judicata in the federal case? Did he think that I wouldn’t provide copies of my federal filings to my counsel and the other appellees in the case? Did he think he wouldn’t get called out in one or more of our reply briefs? Has he never seen a picture of one those coffee mugs?

Moreover, he’s wrong on the law. Some defenses are waived if they are not raised in the answer to a lawsuit. However, neither the RICO Madness LOLsuit nor any of TDPK’s subsequent lawfare made it past motions to dismiss, so none of them had to be answered. None of the cases progressed far enough for a defense to have been waived, so it doesn’t matter whether any defendant raised res judicata in the federal case at the motion to dismiss stage. Thus, Kimberlin has been caught telling a needless lie that wouldn’t have supported his appeal if it had been true.

#StupidIsAsStupidDoes

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He should have stuck to peddling these briefs.

Team Kimberlin Post of the Day

Eight years ago today, Brett Kimberlin improper served an faulty version of the Second Amended Complaint in the Kimberlin v. Walker, et al. on my lawyer. I published it here at Hogewash!. This is an excerpt from the comments. It came in after I had announced receiving the amended complaint but before I got it posted—Yeah, popcorn. Orville Redenbacher certainly has profited from the Team Kimberlin LOLsuits.

Team Kimberlin Post of the Day

One of the lies that Brett Kimberlin included in several of his court filings was that I created the Everybody Blog About The Howard County State’s Attorney’s Office Day in order to harass that office. Even if his claim had been true, it had nothing to do with any of actual claims in any of his LOLsuits. Indeed, when he tried to bring the matter up during the Kimberlin v. Walker, et al. trial, Judge Johnson granted my lawyer’s objection and told Kimberlin it had nothing to do with that case. I posted A Clarification of #BlogHoCoSAO nine years ago today.

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While the triggering events that brought about the idea for the Everyone Blog About the Howard County State’s Attorney’s Office blogburst on 8 April had to do with the antics of Team Kimberlin, the event itself has nothing to do with them per se. Rather, it is about the apparent unwillingness of law enforcement in that county to do it’s job.

If you’re so concerned for your safety, stay out of Maryland

and,

Stay off the Internet if you don’t want to be harassed.

seem like irresponsible things for a prosecutor to say. A resident of Virginia such as Mrs. Walker should be able to travel to Maryland and enjoy the equal protection of our laws. (I say, “our laws,” because I’m a resident of Maryland.) Of course, that may be what she was receiving. Given some of the things that have happened over the past few weeks, it’s not unreasonable to wonder whether a Maryland resident would not have received similar treatment.

Similarly, it is unreasonable to suggest that someone must stay off the Internet in order to avoid harassment. The web is this century’s equivalent of the public square. The sort of vile behavior that the Stranahan and Walker families have suffered would not have been allowed in a public space by our grandparents. Why is it permissible in the public space of the Internet today? But, again, given what’s been happening in Howard County over the past few weeks, it’s not an off-the-wall to question to ask whether a local resident would have been treated any differently than these families from Texas and Virginia.

So I encourage folks to contact Howard County State’s Attorney Dario J. Broccolino and ask the sort of questions suggested here, and I encourage bloggers and blog commenters to post and tweet their findings and commentary on 8 April.

I look forward to seeing how the blogosphere will cover this issue.

I’ll stay tuned.

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BTW, the Assistant State’s Attorney who treated the Walker’s so poorly latter tried to become a judge in Maryland. The governor appointed someone else.

Team Kimberlin Post of the Day

The TKPOTD for seven years ago today dealt with one of the times Brett Kimberlin was caught lying to a judge in court.

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Brett Kimberlin has admitted to forging court documents. This exchange occurred last April between Kimberlin and Judge Ryon in the Kimberlin v. Walker, et al. nuisance suit. It deals with Certified Mail green card that supposedly verified service to Ali Akbar. The Gentle Reader may notice the PACER caption at the page break. This because the same card was also used to try to verify service in the Kimberlin v. The Universe, et al. RICO Madness.ECF 124-p2He’s bad liar and a bad forger.

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Moveover, Kimberlin is a loser.