Team Kimberlin Post of the Day


Yesterday’s TKPOTD dealt with how The Dread Deadbeat Pro-Se Kimberlin’s initial losses in his LOLsuit set up later one for dismissal under the legal doctrine of res judicata. The TKPOTD from five years ago today celebrates Res Judicata.

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While Stacy McCain is contemplating a Res Judicata tattoo [partially broken link caused by Twitter suspending the @rsmccain account], those of you looking for a less personal comment should stop by The Hogewash Store and check out the selection of Res Judicata, The Grand Hog, Johnny Atsign, and Team Lickspittle merchandise.res_judicata_stuffMy Res Judicata travel mug full of coffee helped keep me awake during the drives from Westminster to Rockville last Monday and Tuesday.

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IMHO, the Cafe Press model looks so much nicer in a Res Judicata t-shirt than she does in a Team Kimberlin nightie.

Team Kimberlin Post of the Day


Two years ago today, The TKPOTD was about some of the most stupid questions The Dread Deadbeat Pro-Se Kimberlin ever asked a witness during a trial or hearing.

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I’ve been reviewing transcripts from a wide range of hearings and trials in LOLsuits and peace order petitions filed by The Dread Pro-Se Kimberlin. Yesterday afternoon, I was going over the Kimberlin v. Walker, et al. trial. The second day contains a couple of my favorite moments of Brett Kimberlin as The World’s Worst Pro Se Litigant™. (That trademark belongs to Stacy McCain; I should hit his tip jar as a royalty payment.) My very favorite has to be TDPK’s attempt to examine Stacy, and the episode is real proof that one should never try to outcrazy Stacy McCain.

While it wasn’t as entertaining, Kimberlin’s biggest tactical blunder occurred while he was examining Aaron Walker.

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

MR. WALKER: Un-huh

MR. KIMBERLIN: You must have some basis for that. Tell what you tell the jury why you know, why you think that’s true? And where is the truth, where is the evidence?

And Aaron spent the next several minutes explaining why.

Pro Se Tip—Never ask a question unless you know the answer and that it will help your case.

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I was sitting next to Stacy McCain during this portion of the trial, and we were both having a difficult time trying not to burst out laughing at the defense table.

Team Kimberlin Post of the Day


Early July has been a continuing rough spot for The Dread Deadbeat Pro-Se Kimberlin’s lawfare campaigns. In 2012, his second bogus peace order against Aaron Walker was overturned. In 2013, his petition for a protective order against his wife failed. In 2014, five of the seven counts in the Kimberlin v. Walker, et al. nuisance LOLsuit were dismissed on summary judgment. In 2015, the portion of his Kimberlin v. National Bloggers Club, et al. (I) RICO Madness LOLsuit dealing with me finally died on appeal. The TKPOTD from four years ago today was about the death of Brett Kimberlin’s RICO Madness LOLsuit.

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This puts a formal end to The Dread Pro-Se Kimberlin’s appeal of the dismissal of the RICO and Ku Klux Klan Act claims in the Kimberlin v. The Universe, et al. RICO Madness.

Good riddance.

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The Gentle Reader who has followed The Saga of Team Kimberlin through the years may have noticed that, with rare exceptions, everything has proceeded as I have foreseen.

Team Kimberlin Post of the Day


During the early stages of The Dread Deadbeat Pro-Se Kimberlin’s campaign of lawfare against people who wrote truthfully about him and his activities, he was allowed to present testimony, but that came to a screeching halt during the appeal hearing for the peace order I sought against him in 2013. My lawyer informed the court of TDPK’s perjury conviction, and at that time, Maryland was the last state that still barred perjurers from testifying in court. Judge Stansfield did not allow him to testify at that hearing.

Kimberlin didn’t try to testify during the Kimberlin v. Walker, et al. trial in 2014, but he did try to testify during the hearings related to the bogus peace order petition he filed against me in 2015. Neither Judge Williams nor Judge Creighton allowed him to testify. Of course, he lost both the lawsuit and the peace order petition.

During the 2016 session of the Maryland legislature, the state senator from Kimberlin’s district submitted a bill to repeal the ban on testimony by perjurers. It passed. The TKPOTD from three years ago was about that change in the law.

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Effective 1 October, Maryland’s ban on testimony from convicted perjurers will be repealed, and the Cabin Boy™ is celebrating.MU201606240005ZWorse news for The Dread Pro-Se Kimberlin. This means that he can be called as a witness. Better still, it means he can be cross examined if he testifies on his own behalf.

Heh.

UPDATE—The bill leading to the new law was introduced by the State Senator who represents the district where Kimberlin lives. I was aware of the bill and did not bother to lobby against it because the change will allow TDPK’s testimony to be compelled in a civil suit. (Of course, he still has a Fifth Amendment right against self-incrimination, but invoking that in front of a jury …)

TDPK was aware of the change in the law when he moved to have the trial in the Walker v. Kimberlin, et al. lawsuit rescheduled to a date before 1 October. Apparently, short-circuiting discovery in that case was more important to him that being able to testify in his own defense.

Hmmmmm.

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As a general rule in Maryland, convictions that are over 15 years old can’t be used to impeach the credibility of a witness. However, one of the exceptions to that rule is a conviction for perjury. So the net result of the change in the law is that Kimberlin can now be forced to either testify or invoke the Fifth Amendment—and the court still can be made aware that he’s a convicted liar. He’s had a couple of turns on the witness stand under the new rule, and that may be partially responsible for his apparent lack of enthusiasm for LOLsuits.

Not much has proceeded as he had imagined.

Team Kimberlin Post of the Day


The Dread Deadbeat Pro-Se Kimberlin sued Aaron Walker, Stacy McCain, Ali Akbar, Kimberlin Unmasked, and me for a laundry list of butthurt items and the torts of defamation and false light invasion of privacy. (That was the Kimberlin v. Walker, et al. LOLsuit.) The butthurt issues were thrown out on summary judgment, and we went to trial on the defamation and false light counts. I don’t think that Kimberlin ever expected to win at trial. I believe that he wanted to use the discovery process to dig up dirt on us and other folks he considered to be his enemies. He got a nasty surprise when he received the discovery requests that Aaron, Stacy, Ali, and I sent, and he tried to wriggle out of discovery by seeking a protective order. The post titled #BrettKimberlin Takes the Fifth from five years ago today dealt with discovery in that case.

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The Dread Pro-Se Kimberlin has invoked his Fifth Amendment privilege against self-incrimination rather than properly respond to some of the interrogatories or requests for production of documents from the defendants in his vexatious Kimberlin v. Walker, et al. lawsuit. He is attempting to invoke other privileges as well.

More later.

UPDATE—Here are my responses to the interrogatories from TDPK:

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The gist of Kimberlin’s objections to our interrogatories was that we were seeking any evidence he had to support his allegations. He asserted that such information wasn’t germane to the case—and it turned out he was right in a way. When the case came to trial, we defendants received what amounted to a directed verdict in our favor because Kimberlin had failed to produce any such evidence in court.

He also was sanction $600 for his shenanigans during discovery in that case. He’s never paid, thus transforming himself from Dread to Deadbeat.

I’m not done with him yet.

Team Kimberlin Post of the Day


I believe I’ve mentioned in the past that Brett Kimberlin is a liar. In fact, as a check my notes, I see that I brought that up in the TKPOTD for five years ago today.

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Here’s a real gem from a pleading The Dread Pro-Se Kimberlin filed in the Kimberlin v. The Universe, et al. RICO Madness called “Plaintiff’s Response to Defendant Hoge’s Two Latest Filings.”ECF 49-1Well, duh! Given that one of the recurring features of this blog is called Team Kimberlin Post of the Day, nay a day does go by that I don’t write something about the malfeasance of Brett Kimberlin or one of his associates. The problem with TDPK’s allegation is that I accuse him of things that he as actually done.

For example, he’s a perjurer. He was convicted of that crime when he was a teenager, and his recent lies are well documented. He testified during the damages hearing in his lawsuit against Seth Allen that he had never had his parole revoked. He’s a forger. He’s admitted to forging the summons sent to Twitchy in the RICO Madness. He’s admitted to altering at least one Certified Mail green card related to service of process in the state Kimberlin v. Walker, et al. nuisance suit. There’s documentary evidence that he’s altered several more.

He’s a liar. And not a very good or very smart one.

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The mockery continues.

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.