Team Kimberlin Post of the Day


Only one of The Dread Deadbeat Pro-Se Kimberlin’s LOLsuits against me ever made it to trial. The TKPOTD for two years ago today dealt with one of my favorite moments of that trial.

One of the rules for questioning a witness is to never ask a question that you don’t already know the answer to. Another is don’t ask question that help the other side. Yet another is don’t ask questions that hurt your side. TDPK hit a trifecta.

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Yesterday, a commenter alluded to this bit of incompetent litigation by The Dread Pro-Se Kimberlin that occurred during the Kimberlin v. Walker, et al. LOLsuit trial.

MR. KIMBERLIN: Okay, now when you call me a pedophile repeatedly —

MR. WALKER: Uh-huh.

MR. KIMBERLIN: 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?

MR. WLAKER: 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.

MR. KIMBERLIN: I understand.

THE COURT: You asked the question.

MR. KIMBERLIN: I understand.

Go ahead.

MR. WALKER: And in that book it discusses how you had a very questionable relationship with a young girl. He identifies her as Jessica Barton. Her real name I have since learned is [redacted]. She was 10 years old when you came into her life according to Singer. And it also, by the way, this is backed up by Indianapolis Star newspaper articles I’ve also read. She was 10 years old when she came into your life. She was 14 years old when you left it, I think I understand when you were arrested for the series of bombings you committed and you were convicted of.

And Aaron proceeded to spend most of the next 15 minutes or so outlining for the jury what his reasons were to believe that Brett Kimberlin was a pedophile.

Of course, TDPK’s stupid mistake didn’t really wind up affecting the jury’s deliberations; they never got the case. Judge Johnson granted a directed verdict for the defendants after TDPK rested his case because he never presented a “scintilla” (the judge’s word) of evidence that Aaron Walker, Stacy McCain, Ali Akbar, or I had defamed him.

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Sometimes things proceed even better than I have foreseen.

Team Kimberlin Post of the Day


Here’s the TKPOTD from five years ago today. I’ve got some further comments about The Dread Deadbeat Pro-Se Kimberlin’s absurd stalking claim further below.

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This is from paragraph 30 of The Dread Pro-Se Kimberlin’s frivolous Kimberlin v. Walker, et al. lawsuit that he’s filed in the Circuit Court for Montgomery County, Maryland.BK v AW AmendCompl 30

Brett Kimberlin is a public figure, and any court case involving him is a legitimate news story. A blogger’s attendance at an open court hearing in order to cover such a story is protected by the freedom of the press clause of First Amendment. Furthermore, in order to stalk someone in Maryland … oh, I’ll let the statute explain itself …

Md. CRIMINAL LAW Code Ann. § 3-802

(a) “Stalking” defined. — In this section, “stalking” means a malicious course of conduct that includes approaching or pursuing another where the person intends to place or knows or reasonably should have known the conduct would place another in reasonable fear:
(1) (i) of serious bodily injury;
(ii) of an assault in any degree;
(iii) of rape or sexual offense as defined by §§ 3-303 through 3-308 of this title or attempted rape or sexual offense in any degree;
(iv) of false imprisonment; or
(v) of death; or
(2) that a third person likely will suffer any of the acts listed in item (1) of this subsection.

(b) Applicability. — The provisions of this section do not apply to conduct that is:(1) performed to ensure compliance with a court order;
(2) performed to carry out a specific lawful commercial purpose; or
(3) authorized, required, or protected by local, State, or federal law.

So what TDPK is alleging is that my being in the same courthouse as he was, surrounded by bailiffs, deputy sheriffs, county police, and state troopers, put him in fear of serious bodily injury, assault, rape, false imprisonment, or death—or made him fear for some third party’s safety. I don’t know about you, but it seems to me that only a compulsive liar could say that with a straight face.

But let’s pretend that he really was frightened by my being at the courthouse. As the judges have told him, I had a right under state law to be present at open court hearings. There is also the protection offered by First Amendment, but Brett Kimberlin has shown over and over again that his is no friend of the freedoms of speech or of the press.

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For some reason, the judge who presided at the hearing on motions to dismiss the Kimberlin v. Walker, et al. LOLsuit failed to dismiss the stalking count. She should have because stalking isn’t a cause of action for a civil suit in Maryland. Indeed, stalking not being a tort was the ground that the judge who presided at the hearing on motions for summary judgment threw out the claim at that point.

Shining the light on certain vermin will usually make them scurry away into hiding. Not all of them can make to cover, and some of the ones who can’t will try to extraordinary means to punish those who tell the truth.

Team Kimberlin Post of the Day


One of the complaints that The Dread Deadbeat Pro-Se Kimberlin whined about in his LOLsuits was that he was portrayed in cartoons as a Nazi. When I first received a filing with one of those complaints, my irony meter burned out. After all, it was the National Socialist’s who perfected the PR tactic of telling big lies over and over to try to people to believe them. Brett Kimberlin repeats lies, even after he’s be caught and publicly called out on them. The TKPOTD from four years ago today dealt with one of his favorite tall tales.

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This is from paragraph 45 of The Dread Pro-Se Kimberlin’s omnibus opposition to motions to dismiss his second amended compliant in the Kimberlin v. The Universe, et al. RICO Madness.ECF 231-45That’s a lie.

res_judicata_mugsThe Gentle Reader can look at the surveillance video of the incident and see that Aaron Walker didn’t strike Kimberlin. TDPK tried use the alleged assault as the basis for a peace order against Aaron, and the court found that no assault occurred. Additionally, the alleged assault was the basis of one of the claims made in TDPK’s Kimberlin v. Walker, et al. nuisance lawsuit—which he lost on all counts.

The question of whether Aaron Walker assaulted Brett Kimberlin is a settled matter. He didn’t do it.

Res Judicata.

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TLDR: Brett Kimberlin is a liar.

Team Kimberlin Post of the Day


The TKPOTD from three years ago today took a look back at one of the more humorous moments during The Dread Deadbeat Pro-Se Kimberlin’s lawfare campaign. This occurred during the Kimberlin v. Walker, et al. defamation LOLsuit.

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There have been some moments of wry humor during The Saga of The Dread Pirate Performer Pro-Se Kimberlin. I enjoyed this exchange during the Kimberlin v. Walker, et al. trial in August, 2014.JudgeJohnsonBonMotHeh.

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Karma had the irony channel dialed up to 11. It turned out that jury instructions weren’t necessary because TDPK failed to produce a “scintilla” (Judge Johnson’s word) of evidence than any of the statements made about him were false, and speaking the Truth is not defamatory.

Team Kimberlin Post of the Day


One of the common failings among most of the Team Kimberlin LOLsuits has been suing for things that aren’t actual causes of action for civil cases. For example, The Dread Deadbeat Pro-Se Kimberlin sued my codefendants and me for harassment and stalking in the Kimberlin v. Walker, et al. nuisance LOLsuit, and the court threw those counts out because they’re not things one can bring a suit over in Maryland. The Dreadful Pro-Se Schmalfeldt has similar issues with many of his cases. The TKPOTD from three year ago today deals with one such problem with LOLsuit VI: The Undiscovered Krendler.

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Here’s a bit of Wisconsin case law that may affect the Cabin Boy’s™ LOLsuit VI: The Undiscovered Krendler—

Wisconsin does not recognize “false light invasion of privacy[.]”

Ladd v. Uecker, 2010 WI.App. 28, 789 N.W.2d 216, 218 (2010). IANAL, but it raises an interesting question.

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The Gentle Reader should not be surprised to learn that the Cabin Boy’™ claim for false light invasion of privacy failed.

Team Kimberlin is made up of slow learners. Even by the time of LOLsuit VIII: Avoiding Contact in 2017, three years after Kimberlin had his harassment and stalking counts dismissed from the first LOLsuit, Count I in the Cabin Boy’s™ LOLsuit was for “Harassment and Stalking.”

Stupid is as stupid does.

Team Kimberlin Post of the Day


The crudity of Team Kimberlin’s lies is really quite pathetic. It’s almost like catching a kid with his hand in the cookie jar. This Prevarication Du Jour from five years ago today is an example of a whopper told by Mat Osborne (using the nom de cyber Xenophon) in a Breitbart Unmasked Bunny Billy Boy Unread post. All that was necessary to prove he was lying was to show copies of the two documents The Dread Deadbeat Pro-Se Kimberlin’s filed with the court.

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Xenophon has more to say about Monday’s hearing in the Kimberlin v. Walker, et al. nuisance lawsuit over at Breitbart Unmasked (No, I won’t link to it.).BU201401114aUh, huh.

Of course, they’re not. One is a black & white copy and the other is a color copy with a check marked added in the Restricted Delivery “Yes” box. The matching tracking numbers must be of no consequence.9871_a9871_b

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It’s been suggested that Osborne lies so much because he’s trying to establish a Joe Isuzu defense to any defamation claim. If his reputation for lying becomes so bad that no one believes him, then what he says can’t hurt anyone else’s reputation.

Nah. Not even Matt Osborne is stupid enough to try that. At least, I don’t think so.

 

Team Kimberlin Post of the Day


Perhaps one of the reasons that The Dread Deadbeat Pro-Se Kimberlin has been slacking off on his promise of lawsuits “for the rest of their lives” against the original defendants in the Kimberlin v. Walker, et al. nuisance LOLsuit is that he’s figured out that he can’t beat us. After he made the mistake of calling Stacy McCain as witness in the first LOLsuit (never try to outcrazy Stacy McCain), he dropped Stacy from the cases filed after August, 2014. After he lost both the federal and state Kimberlin v. National Bloggers Club, et al. RICO Madness and RICO Retread LOLsuits, he dropped Ali Alexander and Aaron Walker from further cases. Finally, after losing the Kimberlin v. Hunton & Williams, et al. RICO 2: Electric Boogaloo LOLsuit, he dropped me from the follow-on RICO 2 Retread state case.

The RICO 2 Retread LOLsuit sputtered, and by this time a couple of years ago, it was on its last leg as was reported in the TKPOTD from two years ago today.

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The Dread Pro-Se Kimberlin has filed a motion seeking a postponement of the motions hearing scheduled for 15 November in the Kimberlin v. Hunton & Williams LLP, et al. (II) RICO 2 Retread LOLsuit. That’s the state version of the Team Themis LOLsuit filed in the Circuit Court for Montgomery County. The only remaining defendants are Bill Nickless, Battelle (the not-for-profit that runs Pacific Northwest National Labs for the Department of Energy), and some John Does. Judge Mason hasn’t granted his motion yet, so it looks as if the remaining motions to dismiss will be heard next week, and another of TDPK’s LOLsuits should bite the dust.

We’ll see.

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We didn’t have to wait long. Not long thereafter, the case docket showed that Kimberlin had voluntarily dismissed the LOLsuit against those defendants. And then he failed to follow through with an appeal.

Maybe he was lying when he promised lawsuits “for the rest of their lives.” He is a convicted perjurer, you know.